Large Non-Solvency II Firms – Senior Insurance Management Functions

1.1

Unless otherwise stated, this Part applies to:

(1) a large non-directive insurer; and

(2) a Swiss general insurer.

1.2

In this Part, the following definitions shall apply:

Chairman function

has the meaning given in 4.1.

Chairman of Audit Committee function

has the meaning given in 4.3.

Chairman of Remuneration Committee function

has the meaning given in 4.4.

Chairman of Risk Committee function

has the meaning given in 4.2.

Chief Actuary function

has the meaning given in 7.1.

Chief Executive function

has the meaning given in 3.1.

Chief Finance function

has the meaning given in 3.2.

Chief Risk function

has the meaning given in 3.3.

Chief Underwriting Officer function

has the meaning given in 9.2.

FCA activities

means a function which would, except for SUP10A.11.12R of the FCA Handbook, be an FCA governing function.

Group Entity Senior Insurance Manager function

has the meaning given in 5.1.

Head of Internal Audit function

has the meaning given in 3.4.

Head of Third Country Branch function

has the meaning given in 6.2.

Senior Independent Director function

has the meaning given in 4.5.

With-Profits Actuary function

has the meaning given in 8.2.

2.1

Each of the functions in 3 to 9 is a controlled function and a senior insurance management function.

2.2

Senior insurance management function holders must each be approved by the PRA to perform the applicable senior insurance management function.

2.3

1. (1) A firm (other than a Swiss general insurer) must ensure that one or more persons performs each of the following senior insurance management functions on its behalf:
1. (a) the Chief Executive function;
2. (b) the Chief Finance function; and
3. (c) the Chairman function.
2. (2) If a vacancy arises in respect of one or more of the senior insurance management functions set out in (1), a firm must ensure that it appoints a person to fill that vacancy as soon as practicable.

2.4

To the extent that:

1. (1) a firm appoints a person to perform a key function which, but for this rule, would be a senior insurance management function;
2. (2) the appointment is solely to provide cover for a senior insurance management function holder whose absence is:
1. (a) temporary; or
2. (b) reasonably unforeseen; and
3. (3) the appointment is for less than 12 weeks in a consecutive 12-month period,

the description of the applicable senior insurance management function does not relate to those activities of that person.

2.5

1. (1) If, in relation to a firm, a senior insurance management function holder also performs FCA activities, performance of the senior insurance management function will include the performance of those FCA activities, provided the following conditions are met:
1. (a) the PRA’s approval to perform that senior insurance management function has been granted and continues in force;
2. (b) at the time of approval being granted by the PRA, that person was not subject to an FCA approval to perform the particular FCA governing function;
3. (c) the firm made the notification required by SUP10A.11.12 R (4) of the FCA Handbook; and
4. (d) that person performs and is continuing to perform the FCA activities.
2. (2) If, in relation to a firm, a senior insurance management function holder has been performing FCA activities in the circumstances set out in (1), and that person:
1. (a) ceases to perform the senior insurance management function;
2. (b) within three months of ceasing performance, is approved to perform a new senior insurance management function at the firm; and
3. (c) continues to perform the FCA activities,
3. performance of the new senior insurance management function will include the performance of those FCA activities, provided the conditions in (1) (a) to (d) are met.

2.6

If a senior insurance management function holder to whom 2.5 applies ceases to perform a senior insurance management function but continues to perform the FCA activities, 2.5(1) will continue to apply in respect of the performance of the FCA activities until the earlier of:

1. (1) approval by the FCA in respect of the performance by that person of those FCA activities as an FCA governing function in relation to the firm; or
2. (2) three months from the time that the person ceased to perform that senior insurance management function.

3.1

The Chief Executive function (SIMF1) is the function of having responsibility, under the immediate authority of the governing body, alone or jointly with others, for carrying out the management of the conduct of the whole of the business (or relevant activities) of a firm.

3.2

The Chief Finance function (SIMF2) is the function of having responsibility for the management of the financial resources of a firm and reporting to the governing body of a firm in relation to its financial affairs.

3.3

The Chief Risk function (SIMF4) is the function of having responsibility for overall management of the risk management system specified in Non-Solvency II Firms – Governance 3.5 and 7.

3.4

The Head of Internal Audit function (SIMF5) is the function of having responsibility for the management of the internal audit function specified in Non-Solvency II Firms – Governance 9.

4.1

The Chairman function (SIMF9) is the function of having responsibility for chairing, and overseeing the performance of the governing body of a firm.

4.2

The Chairman of Risk Committee function (SIMF10) is the function of having responsibility for chairing, and overseeing the performance of any committee responsible for the oversight of the risk management system specified in Non-Solvency II Firms – Governance 3.5 and 7.

4.3

The Chairman of Audit Committee function (SIMF11) is the function of having responsibility for chairing and overseeing the performance of any committee responsible for the oversight of the internal audit function specified in Non-Solvency II Firms – Governance 9.

4.4

The Chairman of Remuneration Committee function (SIMF12) is the function of having responsibility for chairing and overseeing the performance of any committee responsible for the oversight of the design or implementation of the remuneration policies and practices of a firm.

4.5

The Senior Independent Director function (SIMF14) is the function of performing the role of a senior independent director, and having particular responsibility for leading the assessment of performance of the person performing the Chairman function.

5.1

The Group Entity Senior Insurance Manager function (SIMF7) is the function of having a significant influence on the management or conduct of one or more aspects of the affairs of a firm in relation to its regulated activities (other than in the course of the performance of another senior insurance management function) and which is performed by a person employed by, or an officer of:

1. (1) a parent undertaking or holding company of a firm; or
2. (2) another undertaking which is a member of the firm's group.

6.1

This Chapter applies only to a Swiss general insurer.

6.2

The Head of Third Country Branch function (SIMF19) is the function of having responsibility for the conduct of all activities of the Swiss general insurer that are subject to the regulatory system.

6.3

1. (1) A Swiss general insurer must have at least one person approved to perform the Head of Third Country Branch function.
2. (2) If a vacancy arises in respect of the Head of Third Country Branch function, a Swiss general insurer must ensure that it appoints a person to fill that vacancy as soon as possible.

6.4

A Swiss general insurer is not required to have any person(s) approved to perform any of the other senior insurance management functions.

7.1

The Chief Actuary function (SIMF20) is the function of having responsibility for the actuarial function specified in Non-Solvency II Firms – Governance 10.

8.1

This Chapter applies only to firms that carry on with-profits insurance business.

8.2

The With-Profits Actuary function (SIMF21) is the function of having responsibility for advising the governing body of a firm transacting with-profits insurance business on the exercise of discretion affecting part or all of that business, as described more fully in Non-Solvency II Firms – Actuarial Requirements 6.1.

9.1

This Chapter applies only to firms that carry on general insurance business.

9.2

The Chief Underwriting Officer function (SIMF22) is the function of having responsibility, in respect of the firm's general insurance business, for the underwriting decisions in respect of material insurance risks that are borne by the firm.