The flashcards below were created by user
ED_6C3
on FreezingBlue Flashcards.
-
Duties of directors
- establish an audit committee
- establish a conduct review committee
- establish procedures to resolve conflicts of interests
- designate a committee of the board of directors
- establish a policy for determining the dividends and bonuses to be paid
- establish procedures to provide disclosure of information to customers of the company
- establish investment and lending policies
- appoint the actuary of the company
-
Audit Committee
- Composition of audit committee
- at least 3 directors
- majority must be unaffiliated; none can be officers or employees
-
Duties of the audit committee
- review annual statement before it’s approved by the directors
- review returns specified by Superintendent
- require, review, maintain and evaluate internal control procedures
- review such investments and transactions that could adversely affect the well-being of the company reported by auditors or officers
- meet with auditor to discuss annual statement, returns and transactions
- meet with the actuary to discuss parts of the annual statement prepared by him
- meet with the chief internal auditor, or officer / employee acting as such, and with management to discuss the effectiveness of internal control procedures
-
Elements to present at annual meeting
- comparative annual financial report for the current and past year
- report of the auditor
- report of the actuary
- description of the roles of the actuary and auditor in annual statement
- any further information in respect to the financial position of the company
-
Elements of the annual statement
- balance sheet as at the end of the financial year
- statement of income
- statement of change of financial position
- statement of changes in shareholders' equity
- statement of changes in each participating account
- the statement must be prepared in accordance with GAAP
-
Auditor's use of actuary's work
An auditor may use the valuation by the actuary for actuarial and other policy liabilities as well as increase in actuarial liabilities.
-
Appointed Actuary
- Superintendent shall be notified after appointment
- CEO, COO must be authorized in writing by the Superintendent (only valid 6 months)
- If CFO appointed, statement indicating satisfied duties of both positions will be adequately performed and the actuarial duties will be performed independently
-
Reasons for AA cessation of office
- actuary resigns as actuary of the company
- ceases to be an actuary
- dies
- appointment is revoked
-
Actions following AA cessation of office
- directors shall notify the Superintendent in case of vacancy
- an actuary who resigns or whose appointment is revoked shall submit to the directors and the Superintendent a written statement of the circumstances and reasons of departure.
- No person shall accept the position before requesting and receiving that statement, unless the request has been unanswered for 15 days.
-
Actuary shall value
- actuarial and other policy liabilities of the company as at the end of a financial year
- any other matter specified in any direction made by the Superintendent
- valuation shall be in accordance with GAAP
-
Access to company records
- shall be granted by present or former directors, officers, employees or representatives on the actuary’s request when he estimates it’s necessary to perform his duties
- a person who in good faith makes an oral or written communication regarding such request shall not be liable in any civil action arising from having made the communication
-
Duties of the appointed actuary
- Actuary’s Report
- to shareholders and policyholders, at least 21 days before annual meeting
- state if the annual statement presents fairly the results of the valuation made
- Report to Directors
- at least once during each financial year
- report on the financial position of the company (and expected future position)
- Report to Officers
- report any matters that have come to his attention that have material adverse effects on the financial condition and require rectification
- a copy should be provided to the directors of the company
- if suitable action is not taken, send a copy of the report to the Superintendent and advise the directors it has done so
-
Dividends
- can be issued by the directors as per the policies established by the board
- directors shall first consider a written report in which the actuary states his opinion of whether the benefit is in accordance with the company policy
- if there are reasonable grounds for believing that the benefits would be in contravention of any regulation, directors shall not declare a dividend, bonus or other benefit
-
Restrictions specific to P&C companies and subsidiaries
- shall not enter into any debt obligation or issue any share (other than common) if total debt obligations + stated capital would exceed the prescribed % of total assets
- shall not guarantee another’s obligation unless the person is a subsidiary of the company and has an unqualified obligation to reimburse the company for the full amount
- P&C company shall not lease personal property in Canada
- note that restriction 1 isn’t applicable for risks falling within a class of insurance specified by the Superintendent approving the commencement and carrying of business
-
The company shall maintain assets and reinsurance greater or equal to the sum of:
- reserve for actuarial and other policy liabilities
- other liabilities of the company
- an amount including one or more of UEP, provision for claims incurred but unpaid, premium income during the preceding year, claims incurred during the prescribed period
-
Superintendent monitoring
- Must be done at least once per calendar year, to verify compliance with the Insurance Companies Act, and whether it is in sound financial condition, then report to the Minister.
- If the Superintendents judges that the circumstances warrant a less frequent review he can do so but no less than triennially.
|
|