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Nestle - Zaka

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Regulatory Frame Work of

Takaful in Pakistan

Shoaib Soofi, Director (SECP)


April 27, 2007
Karachi
Controlling Documents of
Takaful
 Insurance Ordinance, 2000
 Covers all types of insurance business in Pakistan including takaful,

 Insurance Rules, 2002


 Deals with specific details like admissibility of assets, reinsurance,
licensing documents etc, applicable to all insurers,

 Takaful Rules,2005
 Notified in 2005 under the Insurance Ordinance,2000 deals with
specific additional requirements for takaful operators.

 Circulars
 Issued by SECP from time to time on various specific issues
Compliance by Takaful
Operators
 A Takaful Operator has to comply with the Takaful
Rules 2005 in addition to requirements of the
Insurance Ordinance 2000 and the Insurance Rules
2002,

 In case Takaful Rules and Insurance Rules conflict -


Takaful Rules prevail.

 In case Takaful Rules and the Insurance Ordinance


conflict – Insurance Ordinance prevail.
Major Regulatory
Requirements for Takaful
Business in Pakistan
Registration
 Registration under section 6 of the Insurance
Ordinance is required to carry on Takaful
Business,

 A person can be registered either as a Family


Takaful Operator or General Takaful Operator.
No person can be registered as a Composite
Takaful Operator.

 Window Takaful Operations by existing


Conventional Insurers are NOT ALLOWED,
Shariah Board
 Takaful Operator shall appoint a Shariah Board,

 At least 3 members,

 Members must be high calibre scholars with knowledge of


modern financial dealings,

 Responsible for approval of products, investment and


operational practices,

 There is a provision of Central Shariah Board at SECP level


which is in process
Minimum Paid up Capital

 For Family Takaful Operator:


 Rs. 500 million

 For General Takaful Operator:


 Rs. 300 million
Minimum Solvency Margin

 Admissible Assets less Liabilities,

 As per the Insurance Ordinance plus the


condition that the securities must be
approved by the Shariah Board,

 Solvency requirements being reviewed.


Minimum Statutory Deposit
 Takaful Operators have to deposit and keep
deposited with State Bank a minimum amount in
cash or approved securities.

 Currently the minimum required statutory deposit


is higher of Rs. 10 million or 10% of Paid-up-
Capital,

 The securities for this purpose must be approved


under the Insurance Ordinance and should be
instruments of “approved Islamic Financial
Institutions”.
Operational Models
 The principal model for insurance risk
management component shall be based on
Wakala

 The principal model for investment components


shall be based on “Modarba”,

 The Takaful product shall be based on the


principal of Wakala or Modarba or both.
ReTakaful/Reinsurance
 Should be as per the guidelines of Shariah
Board of Takaful Operator,

 Should be adequate to ensure continuing


compliance by Takaful Operator with the
provisions of the Insurance Ordinance,
ReTakaful/Reinsurance (con’d)
 In case Shariah Compliant Re-Takaful
Operator does not provide sufficient re-
takaful, takaful operator may be allowed to
enter into contract with conventional
reinsurance under advice of Shariah
Board,

 Risk sharing among Takaful Operators


within or outside Pakistan may be
permitted by SECP,
Maintenance of Funds
 Each Takaful Operator shall maintain two
funds:

 Shareholder Fund (SHF),


 Participants Takaful Fund (PTF)
Maintenance of Funds (cont’d)
 Shareholder Fund (SHF):
 As per Insurance Ordinance and Rules,
 Under Guidelines of Shariah Board,
 Consists of Paid-up Capital and
Undistributed Profit to Shareholders,
Maintenance of Funds (cont’d)
 Participants Takaful Fund (PTF):
 To be established and maintained for each
class of Takaful Business,

 A risk pool to which the participants’ risk


related contributions are paid and from
which risk related benefits are paid out.
Investment
 Investments of the Funds must be Shariah
Compliant under the advice of the Shariah
Board,
Market Conduct
 Participants should not be mislead or deceived,

 Ambiguities in favor of participants,

 Agents’ Training

 SECP may visit Takaful Operators to check


compliance with Market Conduct Requirements
Additional Requirements for
Family Takaful Operators
 Appointed Actuary

 Certification of products as sound and


workable,

 Financial Condition Report as part of


Annual Returns,

 Any other duty prescribed by SECP.


Additional Requirements for
Family Takaful Operators (cont’d)
 Participants Investment Fund (PIF)

 Maintained to build up surrender value in saving type


takaful products,

 A portion of each year’s contribution is invested in


this fund,

 Maintained in the form of units,

 Unit prices to be determined at least once every


month.
Key Issues
 Human Resource,

 Shariah Issues,

 Limited Investment Avenues,

 Limited Re-takaful options,


Recent Developments
 A comprehensive paper on issues in Takaful Regulation
prepared by a joint working group of IFSB-IAIS (available on
their websites) addressing the key issues like corporate
governance, prudential regulations, suitability of persons
from a regulator’s viewpoint,

 Demand from conventional insurers to allow them to do


takaful business through window operations,

 5 takaful applications in process,

 Realization to review Takaful Rules mainly to remove


anomalies and address the needs of the market.
Thank You

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