The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
One:
Insurance
in the Kingdom of Saudi Arabia shall be provided by insurance
companies registered in the Kingdom operating in accordance
with the practice of cooperative insurance in line with the
provisions of the Articles of Incorporation of the National
Company for Cooperative Insurance issued by Royal Decree No
(M/5) dated 17/4/1405 H, and not inconsistent with the provisions
of Shari'ah.
Article
Two:
Subject
to the provisions of the Law of Cooperative Health Insurance
issued by Royal Decree No. (M/10) dated 1/5/1420 H, the Saudi
Arabian Monetary Agency shall, in connection with the application
of this Law, have power to:
-
Receive and review applications
to form cooperative insurance and re-insurance companies
to ensure that these applications satisfy the conditions
and the rules applicable in this respect. Upon approval
of these applications, it shall refer them to the Ministry
of Commerce and Industry to take the necessary legal action.
-
Supervise and technically
control insurance and re-insurance activities in accordance
with the principles specified in the implementing regulations
of this Law and the means of control employed by the Agency,
specially the following:
-
Regulating and approving rules
for the investment of premiums of insurance and re-insurance
operations, and designing a formula to distribute the surplus
of insurance and re-insurance operations among shareholders
and the insured, provided that separate accounts are kept
for shareholders, the insured and insurance operations.
-
Determining the sums of money
required to be deposited with one of the local banks in
order to provide each of the different types of insurance.
-
Approving standard forms of
insurance and re-insurance policies, and determining the
minimum amounts of third party insurance coverage, subject
to the provisions of laws applicable in this regard.
-
Setting rules and restrictions
determining the method of investing the assets of insurance
and re-insurance companies.
-
Setting general rules determining
the assets which each company shall keep inside and outside
the Kingdom, the minimum and maximum for each type of insurance,
and the conditions that shall be observed in each type,
and the
-
Setting rules and restrictions
which protect the rights of the beneficiaries, and ensure
the ability of the insurance companies to satisfy claims
and obligations.
Article
Three:
An
Insurance or re-insurance company may not be formed in the
Kingdom of Saudi Arabia except by a license issued pursuant
to a Royal Decree upon a resolution by the Council of Ministers
and a recommendation by the Minister of Commerce and Industry
according to Article Two of this Law, and subject to the following:
-
The company shall be a public
joint-stock company.
-
The company's principal object
shall be to perform any insurance and re-insurance activity
and shall not undertake other objects unless they are necessary
or complementary [to its principal object]. Insurance companies
may not directly own companies or brokerage establishments,
and re-insurance companies may not own re-insurance brokerage
companies or establishments. However, insurance companies
– upon the approval of the Saudi Arabian Monetary Agency–
may own companies or establishments that act as brokers
in re-insurance activities.
-
The paid-up capital of the
insurance company shall not be less than one hundred million
Saudi riyals and the paid-up capital of the re-insurance
company or the insurance company carrying out re-insurance
activities simultaneously shall not be less than two hundred
million Saudi riyals. The capital may not be changed without
the approval of the Saudi Arabian Monetary Agency, and pursuant
to the Companies Law.
Article
Four:
The
implementing regulations shall specify the insurance operations
governed by this Law, and each insurance company shall specify
the types of insurance it shall provide.
Article
Five:
An
insurance or re-insurance company - upon commencing business
- may not suspend its insurance activities without the prior
approval of the Saudi Arabian Monetary Agency. This is to
ensure that insurance companies take all necessary measures
to safeguard the rights of the insured and the investors.
Article
Six:
Selection
of members of the board of directors of insurance and re-insurance
companies shall be subject to the approval of the Saudi Arabian
Monetary Agency in accordance with the criteria specified
for in the implementing regulations.
Article
Seven:
The
chairman of the board of directors of insurance or re-insurance
company, managing director, a member of the board of directors
and general manager shall be liable, each within the limits
of his authority, for the company's violation of any of the
provisions of this Law or its implementing regulations.
Article
Eight:
The
Saudi Arabian Monetary Agency may inspect the records and
accounts of any insurance or re-insurance company through
the Agency's employees or auditors appointed by it, provided
that the inspection be carried out at the site of the insurance
or re-insurance company. In this case the employees of the
company shall submit whatever is in their possession or under
their authority or records, data, and documents requested
from them, and disclose any information they have, relating
to the company, to the employees of the Agency or whoever
it may appoint as auditors.
Article
Nine:
An
insurance or re-insurance company may not open any branch
or office inside or outside the Kingdom, agree to merge with,
own any insurance or banking activity, have control thereof,
or own shares of another insurance or re-insurance company
without the written approval of the Saudi Arabian Monetary
Agency.
Article
Ten:
-
The general assembly of the
insurance or re-insurance company shall annually appoint
two auditing offices from among the certified accountants
licensed to
practice the profession in the Kingdom and shall determine
their fees.
-
The auditors shall include
in their annual report presented to the general assembly–
in addition to the data provided for in the Companies Law–
their opinion as to whether the financial statements of
the company correctly reflect its true financial position
on the date of the budget and the results of its activities
during the fiscal year which expires on that date, and as
to whether the preparation, presentation and audit of these
statements conform to the generally accepted accounting
principles applied in the Kingdom.
- Financial
statements and the auditors' report shall be published within
three months from the date of the end of the company's fiscal
year.
Article
Eleven:
The
Saudi Arabian Monetary Agency may at any time request any
insurance or re-insurance company to submit to it– at the
time and in the form it determines– any information it deems
necessary to fulfill the purposes of this Law. It shall also
send to the Saudi Arabian Monetary Agency at its request the
following:
-
A statement of the returns
and expenses of each insurance type.
-
A detailed statement of the
insurance activities carried out by the company during the
stated period.
-
Statistical statements and
general information about the activities of the company.
-
A statement of the investments
of the company.
-
Any other information requested
by the Saudi Arabian Monetary Agency.
Article
Twelve:
It
is prohibited for any person who obtains any information,
while carrying out any work related to the application of
the provisions of this Law, to disclose or benefit from it
in any way.
Article
Thirteen:
All
insurance and re-insurance companies shall submit to the Department
of Zakat and Income Tax their zakat or tax returns, the audited
financial statements and any other information or documents
which the Department deems necessary for the purpose of determining
the amount subject to zakat or taxation in accordance with
the provisions of the Tax Law, the Zakat Collection Law and
their implementing regulations and payment of the sums due,
within the times specified by the Law.
Article
Fourteen:
Insurance
and re-insurance companies governed by this Law shall deposit
in one of the local banks, a legally required deposit to the
order of the Saudi Arabian Monetary Agency, and the implementing
regulations shall determine the restrictions relating to this
deposit.
Article
Fifteen:
The
insurance and re-insurance companies shall allocate a part
of their annual profits, not less than 20%, as a legal reserve,
until the total reserve amounts to 100% of the capital paid.
Article
Sixteen:
All
insurance and re-insurance companies shall setup the required
reserves for their insurance types, and other reserves as
provided for in the implementing regulations of this Law.
Article
Seventeen:
All
insurance and re-insurance companies governed by the provisions
of this Law shall keep a separate account for each type of
insurance as specified in the implementing regulations of
this Law. They shall also keep records and books to record
insurance policies issued by the company, names and addresses
of the holders of such policies and the date of concluding
each policy, its effectiveness, prices and conditions provided
for in it. Any change or amendment occurring in such policies
shall also be recorded in these records and books. The Saudi
Arabian Monetary Agency may issue the decisions it deems necessary
to compel insurance companies to record in the books and records
any data it deems necessary to exercise its authority of control
and supervision. The data contained in the records and books
mentioned above may be entered in the computer in accordance
with the rules and procedures provided for in the implementing
regulations of the Law of Commercial Books .
Article
Eighteen:
The
Saudi Arabian Monetary Agency shall set the necessary conditions
for issuing licenses to practice self-employment professions
relating to the insurance activity, especially the following:
-
Insurance brokers.
-
Insurance Consultants.
-
Inspection and loss assessment
experts.
-
Specialists in settlement
of insurance claims.
-
Actuaries.
Licenses
for these professions shall be issued by the Ministry of Commerce
and Industry, and the Saudi Arabian Monetary Agency shall
control and supervise the activities of the professions referred
to.
Article
Nineteen:
If
the Saudi Arabian Monetary Agency finds that any of the insurance
or re-insurance companies has violated the provisions of this
Law or its implementing regulations or followed a policy liable
to adversely affect its ability to fulfill its obligations,
the Agency may take one or more of the following measures:
-
Appointing one consultant
or more to provide consultation to the company in relation
to the management of its activities.
-
Suspending any member of the
Board of Directors or any of its employees proven to be
responsible for the violation.
-
Preventing the company from
accepting any new shareholders, investors or members in
any of its insurance activities or restricting it in this
respect.
-
Compelling the company to
take any other measures the Agency deems necessary.
If
the Agency finds that the company persists to violate the
provisions of this Law or its implementing regulations and
does not respond to any of the measures taken by the Agency
in accordance with this Article, and despite the infliction
of the punishments provided for in this Law, the Agency may
request the dissolution of the company.
Article
Twenty:
One
or more committees shall be formed based on a Resolution by
the Council of Ministers, upon the recommendation of the Minister
of Finance, composed of three specialized members, at least
one of whom shall be a legal counselor, to be entrusted with
the settlement of disputes occurring between insurance companies
and their clients, or between these companies and others that
may substitute for the insured, and shall decide on cases
of violations of control and supervision instructions for
the licensed insurance and re-insurance companies, and the
violations of those practicing self-employment professions
referred to in Article Eighteen of this Law. Prosecuting before
the Committee – in connection with these violations – is represented
by the employees appointed by a decision of the Minister of
Finance.
Decisions
of these Committees may be appealed before the Board of Grievances.
Article
Twenty One:
Without
prejudice to any harsher punishment provided for in any other
law, anyone who violates any provision of this Law shall be
punished with a fine not exceeding one million riyals and
imprisonment for a period not exceeding four years, or by
either.
Article
Twenty Two:
Without
prejudice to the powers of the committee provided for in Article
Twenty of this Law, the Board of Grievances shall have jurisdiction
in the following:
-
Deciding all disputes between
insurance companies and re-insurance companies, or between
companies of either type.
-
Deciding cases of violations
of this Law and the implementation of the punishment provided
for in Article Twenty One.
-
Initial review of the case
in any suit in which the Monetary Agency or the Committee
formed in accordance with Article Twenty requests the infliction
of the punishment of imprisonment.
-
Prosecution before the Board
of Grievances shall be carried out by the employees appointed
pursuant to a decision issued by the Minister of Finance.
Article
Twenty Three:
The
implementing regulations of this Law shall be issued by a
decision of the Minister of Finance, and shall be published
within sixty days from the date of publication of this Law,
and shall come into effect on the date of the enforcement
of this Law.
Article
Twenty Four:
Subject
to what is stated in Article One of this Law whatever is not
provided for therein shall be governed by the Companies Law,
to the extent permitted by the nature of such type of companies.
Article
Twenty Five:
This
Law shall be published in the Official Gazette and shall come
into effect after ninety days from the date of its publication.
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