Section 31
of International Insurance and Takaful Order, 2002
Section 31
(1)
The Authority shall be made a party to any petition for the winding-up of any international insurer.
(2)
The Authority may present a petition for the winding-up of an international insurer or its international insurance business within Brunei Darussalam on the grounds of its inability to meet any liabilities or when it suspends payment to its creditors.
(3)
For the purposes of subsections (1) and (2), the Court shall have regard to the interests of the policy owners, other customers and creditors of the international insurer.
(4)
In any winding-up of an international insurer, or when an international insurer becomes insolvent, there shall be paid from the assets in the insurance fund or other funds of the international insurer in priority to all other unsecured debts –
(a)
first, the costs and expenses of the winding-up, including the costs of the liquidator or the receiver;
(b)
secondly, all wages or salary (whether or not earned wholly or in part by way of commission), including any amount payable by way of allowance or reimbursement under any contract of employment, award or agreement regulating conditions of employment, of any employee not exceeding $5,000 in respect of services rendered by him to the international insurer within a period of 4 months prior to the commencement of the winding-up;
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(c)
thirdly, all amounts due in respect of workmen’s compensation under the Workmen’s Compensation Act (Chapter 74) which accrued before the commencement of the winding-up;
(d)
fourthly, all remuneration payable to any employee in respect of vacation leave, or in the case of his death to any other person in his right, which accrued in respect of any period before the commencement of the winding-up;
(e)
fifthly, all amounts due in respect of contributions payable during the 12
months next before the commencement of the winding-up by the international insurer as the employer of any person under any written law relating to employees’
superannuation or provident funds or under any scheme of superannuation or retirement benefit;
(f)
sixthly, all the liabilities and expenses attributable to its international insurance business of the class for which the particular insurance fund is created; and
(g)
lastly, after the liabilities and expenses attributable to the international insurance business of the class for which the particular insurance fund referred to in paragraph (f) is applicable have been fully met, the amounts required to make good any deficit in the other insurance funds.
(5)
The debts in each class specified in subsection (4) shall rank in the order therein specified but debts of the same class shall rank equally between themselves, and shall be paid in full, unless the assets in the insurance fund are insufficient to meet them, in which case they shall abate in equal proportions between themselves.
(6)
The provisions of this section shall have effect notwithstanding anything inconsistent therewith or contrary thereto in any other written law.
(7)
The Authority may, with the approval of His Majesty the Sultan and Yang
Di-Pertuan, by order published in the Gazette amend paragraph (b) of subsection (4) by varying the sum specified in that paragraph.
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Notification of change of relevant particulars.