Section 21
Section 21
(1)
Every takaful operator shall maintain –
(a)
a fund margin of solvency in respect of each of the takaful funds established by the takaful operator under this Order; and
(b)
a margin of solvency, of such amounts as may be determined by the Authority.
(2)
The Authority may prescribe –
(a)
a paid-up share capital of a takaful operator incorporated in Brunei
Darussalam or, where a takaful operator incorporated outside Brunei Darussalam does not have a share capital, its surplus of assets over liabilities, different margins of
Incorporating amendments until S 1/2016
(Clean Version) NANI/Amiriah/Fiqah/Karimah as of 8th July 2019
23
BLUV as at 14th January 2016
solvency under subsection (1) for different classes of takaful business and for different types of takaful operators; and
(b)
in respect of any type of takaful operator, any exception from the requirements of subsection (1).
(3)
Without prejudice to the generality of section 91, regulations made under this
Order may –
(a)
provide for the determination of the value of assets and the amount of liabilities in any case in which the value or amount is required by this section to be determined in accordance with regulations;
(b)
provide that, for any specified purpose, assets or liabilities of any specified class or description shall not be taken into account or shall be taken into account only to a specified extent; and
(c)
make different provision in relation to different cases or circumstances.
(4)
For the purposes of this section –
(a)
the fund margin of solvency in respect of any takaful fund is the excess of the value of the assets over the liabilities of the fund;
(b)
the margin of solvency of a takaful operator is the excess of the value of its assets over the amount of its liabilities, and
(c)
that value and amount being determined in accordance with any applicable valuation regulations.
(5)
Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000, and in the case of a continuing offence to a further fine not exceeding $10,000 for every day during which the offence continues after conviction.
Regulations regarding investment of assets.