Full legislation
s.35AA
Restoration plan or financial scheme
(1)
Subsection (2) applies if the Authority is of the opinion that the amount of
capital of an authorized insurer, as determined in accordance with the rules made
under
section 129
—
(a)
is less than the prescribed capital amount for the insurer; or
(b)
is at risk of becoming less than the prescribed capital amount for the
insurer.
(2)
The Authority may, by a written notice served on the insurer, require the
insurer—
(a)
to submit, by a date specified by the Authority, to the Authority a plan for
restoring the insurer to a sound financial position
and—
(i)
for subsection
(1
)(
a)
—enabling the amount of capital of the
insurer to be not less than the prescribed capital amount for the insurer;
or
(ii)
for subsection
(1
)(
b)
—preventing the amount of capital of
the insurer from becoming less than the prescribed capital amount for the
insurer;
(b)
if the insurer has submitted a plan under paragraph (a), to propose
modifications to the plan to the satisfaction of the Authority if the Authority
considers it inadequate; and
(c)
to give effect to any such plan accepted by the Authority as
adequate.
(3)
Subsection (4) applies if the Authority is of the opinion that the amount of
capital of an authorized insurer, as determined in accordance with the rules made
under
section 129
—
(a)
is less than the minimum capital amount for the insurer; or
(b)
is at risk of becoming less than the minimum capital amount for the
insurer.
(4)
The Authority may, by a written notice served on the insurer, require the
insurer—
(a)
to submit, by a date specified by the Authority, to the Authority a short
term financial scheme
that—
(i)
for subsection
(3
)(
a)
—enables the amount of capital of the
insurer to be not less than the minimum capital amount for the insurer;
or
(ii)
for subsection
(3
)(
b)
—prevents the amount of capital of the
insurer from becoming less than the minimum capital amount for the
insurer;
(b)
if the insurer has submitted a scheme under paragraph (a), to propose
modifications to the scheme to the satisfaction of the Authority if the
Authority considers it inadequate; and
(c)
to give effect to any such scheme accepted by the Authority as
adequate.