FSP'S - COLLECTION OF PREMIUMS - SEPARATE BANK ACCOUNTS
Where an FSP collects premiums from clients directly and then pays it over to the Insurer there has always been a requirement that they :
One open a separate bank account and that this account be audited
That the account and the business account of the FSP are kept separate
That after an FSP receives the amount it must pay it into the separate account within one business day
That the FSP pay all bank charges related with the account and that any interest on positive amounts is payable to the clients.
This only applied to Long-Term Insurance and Short-term Insurance was exempt. Now, Long-term insurance is also exempt because of the recent amendment to section 10(3) of the General Code of Conduct for FAIS on 2 December 2022 (No. 2814). There are other exemptions as well but I won’t go into detail about them here.
The new amendment means that one does not have to have a separate bank account any longer given that you comply with the requirements of the specific insurer concerned, that the insurer authorises it and a set out in section 47A of the Long-term Insurance Act.
This goes for Short-term insurance as well, but this has been the case for quite some time.
“The new amendment means that one does not have to have a separate bank account any longer given that you comply with the requirements of the specific insurer concerned, that the insurer authorises it”
If an FSP is collecting and holding funds for other products or they do not have approval from a Short- or Long-term insurer they must still have separate bank accounts and comply with the other regulations and procedures surrounding that.
Section 10(1)-(2) states what you do need to do if you are indeed collecting funds and none of the exemptions apply to you:
“10.
(1) Subject to the provisions of any other applicable Act, a provider who receives or holds financial products or funds of or on behalf of a client must account for such products or funds properly and promptly and-
(a) when documents of title are lodged with the provider on behalf of the client, the provider must immediately provide written confirmation of receipt thereof which contains a description of the documents that is sufficient to identify them;
(b) when a provider receives funds into safe custody without the mediation of a bank, the provider must on receipt of the money, issue a written confirmation of receipt thereof;
(c) where the provider, or a third party on behalf of either of them, is in control of such financial products or funds, take reasonable steps to ensure that they are adequately safeguarded;
(d) open and maintain a separate account, designated for client funds, at a bank and-
(i) must within one business day of receipt pay into the account all funds held on behalf of clients;
(ii) ensure that the separate account only contains funds of clients and not those of the provider;
(iii) pay all bank charges in respect of the separate account except that bank charges specifically relating to a deposit or withdrawal of the funds of the client are for the client’s own account; and
(iv) ensure that any interest accruing to the funds in the separate account is payable to the client or the owner of the funds;
(e) take reasonable steps to ensure-
(i) that at all times such financial products or funds are dealt with strictly in accordance with the mandate given to the provider;
(ii) that client financial products or funds are readily discernible from private assets or funds of the provider; and
(iii) that, subject to any applicable contractual or statutory provisions, a client has ready access to any amount paid into the separate account, less any deductions which are authorised, and charges and fees required or authorised to be paid by law.
(2) Where a transaction or agreement has been recorded in writing, the provider who dealt with the client, must ensure that the original agreement is delivered to the client for safe custody.”
