MFSA Issues Note For Information On The General Good Provisions Applicable To European Insurance Undertakings Passporting In Malta

MT
Mamo TCV Advocates

Contributor

Mamo TCV Advocates logo
Mamo TCV Advocates is one of Malta’s top-tier law firms, with significant depth and expertise across a broad range of practice areas. Mamo TCV has assisted clients in complex transactions and has become the preferred correspondent in Malta for some of the leading international legal firms.
Following the application of the Conduct of Business Rulebook to the insurance sector on the 1st October 2018
Malta Insurance

Following the application of the Conduct of Business Rulebook to the insurance sector on the 1st October 2018, there was a lacuna in terms of the rules which European insurance undertakings are required to observe when carrying on cross-border business in Malta on a freedom of services basis.

To address this lacuna, on the 16th April 2019, MFSA issued amendments to Chapter 9 of the Insurance Rules on Freedom of Establishment and Freedom to provide Services by a European Insurance Undertaking and a European Reinsurance Undertaking. These amendments identify the rules (also referred to as the general good provisions) in the Conduct of Business Rulebook which apply to European insurance undertakings carrying on cross-border business in Malta on a freedom of services basis or through freedom of establishment.

This is a welcome development in view that:

1. It provides European insurance undertakings with the required clarity and certainty needed to establish the applicable regulatory parameters within which such undertakings should undertake their cross-border activity in Malta, thus mitigating the risk of a compliance breach;

2.  It safeguards Maltese policyholders' interest in relation to aspects concerning information disclosures, selling processes and sales practices.

The Note for Information can be accessed by Clicking Here. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More