A recent change to the Isle of Man's insurance regulations giving the Insurance
and Pensions Authority (IPA) increased flexibility concerning solvency requirements
has yielded instant positive results, the Manx government has announced.
According to Isle of Man Finance, which promotes the jurisdiction's finance
industry, the pragmatic regulatory regime in the Isle of Man was a key factor
in the recent establishment on the Island of a captive vehicle by Keller Group
Plc, a FTSE 250 company, to replace its existing EU captive.
Derek Patience, Chairman of the Manx Insurance Managers Association (MIMA),
commented: “The Isle of Man’s success in attracting such a prestigious
company such as Keller to the Island is a fine example of the healthy co-operation
that exists between the Island’s industry, Isle of Man Finance and the
regulator."
He added that: "In 2007, MIMA lobbied the IPA to review the existing regulations;
the Regulator took the appropriate steps to amend the regulations and has created
an improved environment for the captive industry.”
Commenting on the company's decision to establish a captive in the Isle of
Man, Jackie Holman, Keller’s Company Secretary observed that: “The
increasing level of regulation in Dublin was a concern for Keller. The Isle
of Man provides us with a level of flexibility which we didn’t have before”.
John Spellman, Director of Isle of Man Finance, noted that: “We are delighted
that Keller have decided to form an Isle of Man captive to replace their Dublin
captive. It is powerful for the Isle of Man to reap such a quick reward of the
recent regulation change concerning inter-company loans, and we certainly believe
that other captive owners will follow suit as they observe the pragmatic innovations
we are implementing.”
The new regulation allows the Isle of Man IPA the flexibility, if certain criteria
are met, to accept 100% of the value of an inter-company loan as an admitted
asset for the purposes of calculating an insurer’s solvency margin. In
addition, the regulation allows certain financial liabilities of an insurer
to be added back to shareholder funds for the purposes of calculating the insurer's
margin of solvency (only with the written approval of the Insurance Supervisor),
to the effect that such liabilities would be treated as if they were equity
capital of the insurer for regulatory purposes.