THE INSURANCE (AMENDMENT) ACT, 2021

   Pc: economictimes.indiatimes.com
  • The Insurance (Amendment) Bill, 2021 was introduced in Rajya Sabha by the Minister of Corporate Affairs, Ms. Nirmala Sitharaman, on March 15, 2021.  The Bill amends the Insurance Act, 1938.  The Act provides the framework for functioning of insurance businesses and regulates the relationship between an insurer, its policyholders, its shareholders, and the regulator (the Insurance Regulatory and Development Authority of India).  The Bill seeks to increase the maximum foreign investment allowed in an Indian insurance company.
     
  • Foreign investment:  The Act allows foreign investors to hold up to 49% of the capital in an Indian insurance company, which must be owned and controlled by an Indian entity.  The Bill increases the limit on foreign investment in an Indian insurance company from 49% to 74%, and removes restrictions on ownership and control.  However, such foreign investment may be subject to additional conditions as prescribed by the central government.
     
  • Investment of assets:  The Act requires insurers to hold a minimum investment in assets which would be sufficient to clear their insurance claim liabilities.  If the insurer is incorporated or domiciled outside India, such assets must be held in India in a trust and vested with trustees who must be residents of India.  The Act specifies in an explanation that this will also apply to an insurer incorporated in India, in which at least: (i) 33% capital is owned by investors domiciled outside India, or (ii) 33% of the members of the governing body are domiciled outside India.  The Bill removes this explanation.

 

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 25th March, 2021/Chaitra 4, 1943 (Saka)

The following Act of Parliament received the assent of the President on the
25th March, 2021, and is hereby published for general information -

THE INSURANCE (AMENDMENT) ACT, 2021

No. 6 OF 2021

An Act further to amend the Insurance Act, 1938.

[25th March, 2021.]

BE it enacted by Parliament in the Seventy-second Year of the Republic of India

as follows:

1. (1) This Act may be called the Insurance (Amendment) Act, 2021.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Insurance Act, 1938 (hereinafter referred to as the principal Act), in section 2, in clause (7A), for sub-clause (b), the following sub-clause shall be substituted, namely:-

"(b) in which the aggregate holdings of equity shares by foreign investors including portfolio investors, do not exceed seventy-four per cent of the paid-up equity capital of such Indian insurance company, and the foreign investment in which shall be subject to such conditions and manner, as may be prescribed;".


In section 27 of the principal Act, in sub-section (7), the Explanation shall be
omitted.

4. In section 114 of the principal Act, in sub-section (2), for clause (aaa), the following clause shall be substituted, namely: "(aaa) the conditions and manner of foreign investment under sub-clause (b) of clause (7A) of section 2:".

Amendment of section 27

Amendment of section 114

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