FSCA extends period for exemption for all independent intermediaries authorised by insurers to collect premiums directly from restrictive remuneration provisions

On Monday 31 January 2022, the Financial Sector Conduct Authority (FSCA) issued the following Insurance Notices.

• FSCA INS Notice 1 of 2022- which extends the period of the exemption provided by FSCA INS Notice 1 of 2021 - Exemption for direct collection of premiums by certain independent intermediaries and short-term insurers under the Short-Term Insurance Act, 1998 (STIA) and Regulation 5.1(1) and (2) of the Regulations under the STIA; and
• FSCA Ins Notice 2 of 2022 – which extends the period of exemption, provided by FSCA INS Notice 2 of 2021 - Exemption for direct collection of premiums by certain independent intermediaries and long-term insurers under the Long-Term Insurance Act, 1998 (LTIA) and regulation 3.2(1) and (2) of the regulations under the LTIA  (collectively, the Notices).

The Notices extend the period of exemption previously issued by the FSCA on 30 October 2020 in FSCA INS Notice 1 of 2021 and FSCA INS Notice 2 of 2021, and on 29 January 2021 in FSCA Ins Notice 1 of 2021 and FSCA Ins Notice 2 of 2021  (previous Exemption Notices), which exemption enabled the payment of additional financial compensation over and above statutory regulated commission to independent intermediaries as consideration for the direct collection of premium subject to compliance with certain conditions. Our previous communication regarding the previous Exemption Notices can be accessed here.

The exemption contained in the previous Exemption Notices however was due to lapse on 31 January 2022.

Notably, the FSCA in its communication which accompanied the Notices titled “FSCA Communication 1 of 2022 (INS)”  provides that until further progress has been made regarding amendments to the premium collection framework, the FSCA wishes to continue to accommodate the payment of additional financial compensation over and above statutory regulated commission to independent intermediaries as consideration for the direct collection of premium subject to compliance with certain conditions. Accordingly, the exemptions contained in the Notices will now expire on 31 January 2023.

Of import, the Notices contain no changes to the requirements enumerated in the previous Exemption Notices.

Notably, the FSCA warns that the Notices should not be construed as intending to endorse undesirable practices in respect of the interest sharing model (or percentage-based remuneration) and other undesirable practices.

The Notices and the FSCA communication which accompanied the Notices can be accessed here:

• FSCA Communication 1 of 2022 - Direct collection
• FSCA INS Notice 1 of 2022 - Expemtion for direct collection of premiums
• FSCA INS Notice 2 of 2022 - Expemtion for direct collection of premiums

Should you require advice regarding the Notices and the direct premium collection model , please contact Nicole Britton or Ernie van der Vyver.