On 31 January 2022, the Central Bank of Ireland
(the Central Bank) published much-anticipated
Guidance on the Use of Service Companies for Staffing in the
Insurance Sector (the Guidance) following a
2021 industry consultation process (CP 144).
The final form Guidance is substantially similar to the draft
guidance issued for consultation last year, details of which can be
found in our previous article available here. However, one important
distinction to note is the perceived watering down of the
requirement for an undertaking to allocate six-months' working
capital within the service company. The Guidance states
that "an undertaking could consider
[pre-funding]", a potentially significant dilution of the
consultation version which stated that "consideration
should be given [to pre-funding]".
This change comes following industry opposition to the proposed use
of such funds and is likely to be seen by (re)insurers as an
important concession that allows undertakings opt to include
contractual provisions that ensure continuity of service rather
than having to tie up capital equivalent to six-months' working
capital.
The Central Bank expects (re)insurers to have conducted a review
and, where appropriate, amendment of existing staffing arrangements
within 12 months of the implementation of the Guidance (i.e. by 31
January 2023).
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.