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8 March 2018

Santos Bevilaqua Newsletter – February 2018

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Full service Brazilian law firm mostly dedicated to the insurance and reinsurance market. Our expertise arises from bringing together six partners focused on different areas of the law (regulatory and contracts, litigation, claims, tax, labor and corporate) and, also, vast experience in the insurance and reinsurance business and pension funds.
On 2/1/2018, the Federal Official Journal published CG-FIES Resolution no. 17, which authorizes the National Fund for the Education Development (FNDE) to issue a ruling for contracts of credit life insurance for students.
Brazil Insurance

INSURANCE AND OPEN SUPPLEMENTARY SOCIAL SECURITY

1) CG-FIES No. 17, OF 1/30/2018

On 2/1/2018, the Federal Official Journal published CG-FIES Resolution no. 17, which authorizes the National Fund for the Education Development (FNDE) to issue a ruling for contracts of credit life insurance for students.

Considering the need to set the minimum operating criteria for the insurers to offer the credit life insurance to students that take out the loan, the resolution approves the minimum requirements, the services offered, the cost of the service, and the coverages established in Technical Note no. 1/2018/COSIF/CGFIN/DIGEF to be observed by the insurers.

Among the listed requirements, we point out the insurers' obligation to submit a declaration that their retention limit with SUSEP is, at least R$ 1,000,000.00; the insurers must also have a virtual platform for the insurance to be taken out and for the contract to be monitored (including to give notice of loss).

The entire rule is available at http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?jornal=515&pagina=19&data=01/02/2018  .

2) FNDE ADMINISTRATIVE RULE No. 95, OF 2/7/2018

On 2/8/2018, the Federal Official Journal published FNDE Administrative Rule no. 17, which provides for the authority of the National Fund for the Education Development (FNDE) to issue a ruling for contracts of credit life insurance for students.

According to the administrative rule, the authority will be exercised through the publication of an administrative act that will qualify the insurers to offer insurance policies to guarantee the payment of the debit balance of the loan granted through the FIES in the event of permanent disability or death of the student.

The entire rule is available at http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?data=08/02/2018&jornal=515&pagina=31    .

3) SUSEP CIRCULAR No. 567, of 2/27/2018

On 2/28/2018, the Federal Official Journal published SUSEP Circular no. 567, of 2/28/2018, which suspends the new registration of insurance brokers/entities.

The entire rule is available at http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?data=28/02/2018&jornal=515&pagina=34

4)RECTIFICATION OF CNSP RESOLUTION No. 360/2017, OF 12/20/2017

On 2/19/2018, the Federal Official Journal published the rectification of CNSP Resolution no. 360/2017. This resolution amends CNSP Resolution no. 321/2015, and among others, establishes how to calculate the portion 2 of the credit risk capital (related to the credit risk of exposures in transactions in which the counterparts are not insurers, reinsurers, Open Supplementary Social Security Entities (EAPCs), and capitalization companies).

Annex XV to CNSP Resolution no. 360/2017 shows how to calculate the portion 2 of the credit risk capital, and art. 6 lists the exposures to which the riskweighted factors (75%) must be applied; among such exposures is the value of the deferred acquisition costs directly related to the Unearned Premium Reserve (PPNG) regarding commissions paid to brokers, agents and policyholders multiplied by the exposure reducing factor (FRE).

The rectification was aimed at fixing the FRE at 12% based on the technical discretion of the regulatory agencies to regulate the matter.

The entire publication may be accessed at http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?data=19/02/2018&jornal=515&pagina=19

5) SUSEP MAKES AVAILABLE UPDATED SPREADSHEETS TO CALCULATE THE CREDIT RISK CAPITAL

CNSP Resolution no. 360/2017 significantly changed the calculation of the risk capital based on credit risk. Thus, on 2/5/2018, SUSEP, to help the insurance market, made available on its website new guidelines and calculation spreadsheets.

The measure not only helps the insurance market but also SUSEP's inspection activities along.

This is so because, by publishing the spreadsheets, SUSEP makes it clear how to calculate the credit risk capital.

The spreadsheets may be accessed at http://www.susep.gov.br/setoressusep/cgsoa/coris/requerimentos-de-capital/capitalde-risco-baseado-no-risco-de-credito

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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.

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