Insurance Supervision The MFSA is responsible for the oversight of authorised insurance undertakings, re-insurance undertakings and insurance intermediaries, whilst taking into account the protection of policyholders and beneficiaries in accordance with the regulatory obligations. FIND OUT MORE

Insurance Supervision

The MFSA is responsible for the authorisations and subsequent supervision of authorised insurance and reinsurance undertakings effecting and carrying out business of insurance (hereinafter referred to as “undertakings”), insurance agents, insurance brokers, insurance managers, tied insurance intermediaries and ancillary insurance intermediaries, (hereinafter referred to as “insurance intermediaries”),

  • Undertakings are required to comply with the Insurance Business Act, regulations, issued thereunder, Insurance Rules and Conduct Insurance Rules issued by the MFSA.
  • Insurance Intermediaries are required to comply with the Insurance Distribution Act, regulations issued thereunder and the Insurance Distribution Rules and Conduct of Business Rules issued by the MFSA.

The MFSA also supervises  the manner in which insurance undertakings and insurance intermediaries entities carry out their business to ensure that this act honestly, fairly and in accordance with the best interest of their clients.  In this context, insurance undertakings and insurance intermediaries are expected to act in line with the general principle of putting their clients at the heart of the manner in which they run their business. From an industry perspective, addressing and swiftly resolving emerging and crystallised conduct issues can help avoid potential costs such as fines, redress costs, legal fees and not least, reputational damage. From the customers’ perspective good conduct of business would ensure increased consumer confidence in the products and services provided by insurance undertakings and intermediaries. The Conduct Supervisory Function considers that addressing conduct risk requires looking beyond the direct interaction with consumers at the point of sale (i.e., disclosures and advice). Poor conduct outcomes for consumers may result also from the characteristics of insurance products which they purchase. Therefore, insurance undertakings and intermediaries are expected to have in place good product oversight and governance arrangements which need to be followed when designing and distributing products to consumers.

Supervision is based on a prospective and risk based approach and is carried out in a proportionate manner through an appropriate combination of off-site and on-site supervision. Duties are carried out in a transparent and accountable manner taking into account the protection of confidential information. In exercising its functions and duties under the Insurance Business Act and the Insurance Distribution Act, the MFSA is required to take into account a European Union dimension and to duly consider the potential impact of its decisions on the stability of the financial system in the European Union, in particular, in emergency situations.

Insurance Undertakings

Insurance Intermediaries

Archives

Insurance Undertakings

Secondary Legislation

S.L. 403.01 (R) – Appointment of Competent Authority Order

Repealed by:

S.L. 403.02 – Insurance Business (Custodian of Assets) Regulations

S.L. 403.04 (R) – Insurance Business (Fees) Regulations

Repealed by:

S.L. 403.05 (R) – Insurance Business (Criteria of Sound and Prudent Management) Regulations

Repealed by:

S.L. 403.06 – Insurance Business (Penalties for Offences and Infringements) Regulations

S.L. 403.07 (R) – Insurance Business (Companies Accounts) Regulations

Repealed by:

S.L. 403.08 – Insurance Business (Linked Long Term Contracts) Regulations

S.L. 403.09 – Insurance Business (Approved Auditor) Regulations

S.L. 403.10 – Insurance Business (Long Term Business Contract Statutory Notice) Regulations

S.L. 403.11 – Insurance Business (Captive Insurance Undertakings and Captive Reinsurance Undertakings) Regulations

S.L. 403.12 – Insurance Business (Continuance of Companies Carrying on Business Insurance) Regulations

S.L. 403.13 (R) – Protection and Compensation Fund Regulations

Repealed by:

S.L. 403.14 – European Passport Rights for Insurance and Reinsurance Undertakings Regulations

S.L. 403.15 – Insurance Business (Reorganisation and Winding Up of Insurance Undertakings) Regulations

Amended by:

S.L. 403.16 – Insurance Business (Maintenance of Assets) Regulations

S.L. 403.17 – Insurance Business (Supervision of Insurance and Reinsurance Undertakings in a Group) Regulations

S.L. 403.18 (R) – European Passport Rights for Insurance Intermediaries Regulations

Repealed by:

S.L. 403.19 – Re-Insurance Special Purpose Vehicles Regulations

S.L. 403.20 – Insurance Business (Phasing-in) Regulations

S.L. 403.21 – Insurance Business (Commission Delegated Regulation on Solvency II) Regulations

S.L. 403.22 – Insurance Business (Exemptions) Regulations

S.L. 403.23 – Insurance Business (Solvency II Transitional Provisions) Regulations

S.L. 403.24 – Insurance Business (General Provisions of Supervision) Regulations

S.L. 403.25 – Insurance Business (Protection and Compensation Fund) Regulations

Conduct Legislation

In this section you will find the Acts of Parliament which lays down the framework of the regulatory regime applicable to insurance undertakings and insurance intermediaries and addition subsidiary legislations related to insurance.

Insurance Business Act Cap. 403

Insurance Distribution Act

S.L. 403.06 Insurance Business (Penalties for Offences and Infringements) Regulations

S.L. 403.08 Insurance Business (Linked Long Term Contracts) Regulations

S.L. 403.10 Insurance Business (Long Term Business Contract Statutory Notice) Regulations (Click here for more)

Insurance Intermediaries

Conduct Legislation

In this section you will find the Acts of Parliament which lays down the framework of the regulatory regime applicable to insurance undertakings and insurance intermediaries and addition subsidiary legislations related to insurance.

Insurance Business Act Cap. 403

Insurance Distribution Act

S.L. 403.06 Insurance Business (Penalties for Offences and Infringements) Regulations

S.L. 403.08 Insurance Business (Linked Long Term Contracts) Regulations

S.L. 403.10 Insurance Business (Long Term Business Contract Statutory Notice) Regulations (Click here for more)

Archives

Insurance Rules applicable up to 31st December 2015

  Preliminary

 

Rule 1 of 2007 – Own Funds of Companies Carrying on Business of Insurance

  Own Funds of Companies Carrying on Business of Insurance

 

Rule 2 of 2007 – Criteria of Fitness and Properness

  Criteria of Fitness and Properness

 

Rule 3 of 2007 – Information for Policyholders

  Information for Policyholders

 

Rule 4 of 2008 – Specified Effective Period with Respect to Certain Contracts of Long Term Business

  Specified Effective Period with Respect to Certain Contracts of Long Term Business

 

Rule 5 of 2008 – Mutual Associations

  Mutual Associations

 

Rule 6 of 2011 – Schemes of Operations Relating to Business of Insurance

  Schemes of Operations Relating to Business of Insurance

 

Rule 7 of 2009 – Separate Management of Long Term Business and General Business

  Separate Management of Long Term Business and General Business

 

Rule 8 of 2008 – Qualifications of Individuals Who Are Responsible for the Effective Management of Insurance and Reinsurance Companies or Branches Thereof

  Qualifications of Individuals Who Are Responsible for the Effective Management of Insurance and Reinsurance Companies or Branches Thereof

 

Rule 9 of 2007 – Repeal of Insurance Directive 9 of 1999 – Commercial Business Which May be Stated in the Objects of Companies Acting as Insurance Agents 

  Repeal of Insurance Directive 9 of 1999 – Commercial Business Which May be Stated in the Objects of Companies Acting as Insurance Agents

 

Rule 10 of 2007 – Repeal of Insurance Directive 10 of 1999 – Schemes of Operations Relating to Business of Insurance and Other Activities to be Carried on in the Case of Insurance Agents and Insurance Managers 

  Repeal of Insurance Directive 10 of 1999 – Schemes of Operations Relating to Business of Insurance and Other Activities to be Carried on in the Case of Insurance Agents and Insurance Managers

 

Rule 11 of 2007 – Repeal of Insurance Directive 11 of 1999 – Monies Held in a Fiduciary Capacity

  Repeal of Insurance Directive 11 of 1999 – Monies Held in a Fiduciary Capacity

 

Rule 12 of 2007 – Business of Insurance Statements

  Business of Insurance Statements

  Part A Part 1 – General Business – Statistical, Underwriting & Claims Information – Forms 1 to 30

  Part A Part 2 – General Business – Statistical, Underwriting & Claims Information – Forms 31 to 58

  Part A Part 3 – General Business – Statistical, Underwriting & Claims Information – Forms 59 to 74

  Part A Part 4 – General Business – Statistical, Underwriting & Claims Information – Forms 75 to 98

  Part B – General Business – Technical Results

  Part C – Solvency & Capital Adequacy (effective as from 31/12/2012)

  Part D Part 1 – Long Term Business – Statistical & Technical Results

  Part D Part 2 – Long Term Business of Insurance Statements

  Part D Part 2 – Instructions to Complete Forms 1-20

  Part D Part 3 – Abstract of the Valuation Report Prepared by the Appointed Actuary

  Part E – Certificate by Directors & Actuary & Report of the Auditors

  Part F – Glossary of Terms

  Part G – Business Groupings

  Part H – Guidance on Completion of the Business of Insurance Statements

  Part I Part 1 – Outward Reinsurance Business

  Part I Part 2 – Passporting

 

Rule 13 of 2008 – Publicity Given to Notices to Cease to Carry on Business on Insurance

  Publicity Given to Notices to Cease to Carry on Business of Insurance

 

Rule 14 of 2008 – Insurance Advertisement and Other Promotional Activities

  Publicity Given to Notices to Cease to Carry on Business of Insurance

 

Rule 15 of 2008 – Appointments and Changes of Director, Controller or Senior Manager

  Appointments and Changes of Director, Controller or Senior Manager

  Appendix 1 – Personal Questionnaire

 

Rule 16 of 2007 – Zone of Countries

  Zone of Countries

 

Rule 17 of 2009 – Authorisation to act as approved auditor

  Authorisation to act as approved auditor

 

Rule 18 of 2008 – Close Links

  Close Links

 

Rule 19 of 2008 – Legal Expenses Insurance

  Legal Expenses Insurance

 

Rule 20 of 2009 – Assistance Insurance

  Assistance Insurance

 

Rule 21 of 2007 – Business of Affiliated Insurance

  Business of Affiliated Insurance

 

Rule 22 of 2009 – Exercise of Passport Rights by European Insurance Undertakings and European Reinsurance Undertakings – Establishment

  Exercise of Passport Rights by European Insurance Undertakings and European Reinsurance Undertakings – Establishment

 

Rule 23 of 2009 – Exercise of Passport Rights by European Insurance Undertakings – Services 

  Exercise of Passport Rights by European Insurance Undertakings – Services

 

Rule 24 of 2009 – Exercise of Passport Rights by Maltese Insurance Undertakings and Maltese Reinsurance Undertakings – Establishment 

  Exercise of Passport Rights by Maltese Insurance Undertakings and Maltese Reinsurance Undertakings – Establishment

 

Rule 25 of 2009 – Exercise of Passport Rights by Maltese Insurance Undertakings – Services 

  Exercise of Passport Rights by Maltese Insurance Undertakings – Services

 

Rule 26 of 2008 – Export Credit Insurance

  Export Credit Insurance

 

Rule 27 of 2009 – Insurers’ Internal Controls

  Insurers’ Internal Controls

 

Rule 28 of 2008 – Insurance Companies carrying on Business of Insurance through the Internet

  Insurance Companies carrying on Business of Insurance through the Internet

 

Rule 29 of 2009 – Prudential assessment of acquisitions and increase of holding in authorised companies

  Prudential assessment of acquisitions and increase of holding in authorised companies

 

Rule 34 of 2015 – Repeal of insurance rules made under the Insurance Business Act

  Repeal of insurance rules made under the Insurance Business Act

 

Rule 33 of 2015 – Phasing-in measures for Solvency II Implementation

  Phasing-in measures for Solvency II Implementation

 

Rule 32 of 2014 – Reinsurance Special Purpose Vehicles

  Reinsurance Special Purpose Vehicles

 

Rule 31 of 2013 – Preparatory Measures for Solvency II Implementation

  Preparatory Measures for Solvency II Implementation

 

Rule 30 of 2012 – Complaints-Handling by Authorised Companies

  Complaints-Handling by Authorised Companies\