Entire Act

4. Asset Risk Component

4.1. Asset Risk Component

(1) An AIFC-Incorporated Insurer’s Asset Risk Component is the sum of the amounts obtained by multiplying the value of each asset of the AIFC-Incorporated Insurer, Graded according to the Counterparty Grade of the asset, by the percentage applicable to that asset, under:

  1. (a) for assets that are not reinsurance assets—table B1;
  2. (b) for assets that are reinsurance assets where the reinsurer is subject to prudential supervision by a subrule (2) regulator—table B2; or
  3. (c) for assets that are reinsurance assets where the reinsurer i

(2) A regulator is a subrule (2) regulator if it is located:

  1. (a) in the AIFC or the Republic of Kazakhstan;
  2. (b) in 1 of the member states of the European Union;
  3. (c) in Australia, Canada, Hong Kong, Iceland, Japan, Norway, Singapore, Switzerland, the United States of America; or
  4. (d) in any other jurisdiction that is a signatory to the Multilateral Memorandum of Understanding on Cooperation and Information Exchange initiated by the International Association of Insurance Supervisors.

Note 1: For the list of the member states of the European Union, see http://europa.eu/about-eu/countries/index_en.htm.

Note 2: For the list of signatories to the Multilateral Memorandum of Understanding on Cooperation and Information Exchange, see http://www.iaisweb.org/MMoU-signatories-605.s not subject to prudential supervision by a subrule (2) regulator—table B3.

Table B1: Percentage applicable to assets that are not reinsurance assets

Item

Asset

%

1

cash, bank deposits and other cash equivalents

Grade 1 sovereign bonds

0.50

2

bonds that mature, or are redeemable, in less than 1 year issued by a counterparty with a rating of Grade 1 or 2 (excluding subordinated debt and government debt obligations dealt with anywhere else in this table)

cash management trusts with a counterparty rating of Grade 1 or 2

1.00

3

unpaid premiums due 6 months or less previously from a counterparty with a rating of Grade 1, 2 or 3

bonds that mature, or are redeemable, in 1 year or more issued by a counterparty with a rating of Grade 1 or 2 (excluding subordinated debt and government debt obligations dealt with anywhere else in this table)

2.00

4

unpaid premiums due 6 months or less previously from an unrated counterparty or a counterparty with a rating of Grade 4 or 5

bonds issued by a counterparty with a rating of Grade 3 (excluding subordinated debt)

cash management trusts with a counterparty rating of Grade 3

secured loans

4.00

5

unpaid premiums due more than 6 months previously from a counterparty with a rating of Grade 1, 2 or 3

bonds issued by a counterparty with a rating of Grade 4 (excluding subordinated debt)

cash management trusts with a counterparty rating of Grade 4

6.00

6

unpaid premiums due more than 6 months previously from an unrated counterparty or a counterparty with a rating of Grade 4 or 5

bonds issued by a counterparty with a rating of Grade 5 (excluding subordinated debt)

cash management trusts with a counterparty rating of Grade 5

listed subordinated debt

8.00

7

unlisted subordinated debt

preference shares

10.00

8

listed equity investment

listed trusts

16.00

9

direct holdings of real estate

unlisted equity investment

unlisted trusts

20.00

10

loans to:

 (a)    directors of the Insurer;

 (b)    directors of related parties; or

 (c)    dependent relatives of such directors

unsecured loans to employees (except loans of less than US$1,000)

assets subject to a fixed or floating charge

100.00

11

other non-reinsurance assets not mentioned in this table

20.00

Table B2: Percentage applicable to reinsurance assets—reinsurer supervised by subrule (2) regulator.

Item

Asset

%

1

reinsurance assets due from reinsurers with a counterparty rating of Grade 1

1.00

2

reinsurance assets due from reinsurers with a counterparty rating of Grade 2

2.00

3

reinsurance assets due from reinsurers with a counterparty rating of Grade 3

4.00

4

reinsurance assets due from reinsurers with a counterparty rating of Grade 4

6.00

5

reinsurance assets due from reinsurers with a counterparty rating of Grade 5

8.00

Table B3: Percentage applicable to reinsurance assets—reinsurer not by supervised by subrule (2) regulator.

Item

Asset

%

1

reinsurance assets due from reinsurers with a counterparty rating of Grade 1

1.20

2

reinsurance assets due from reinsurers with a counterparty rating of Grade 2

2.40

3

reinsurance assets due from reinsurers with a counterparty rating of Grade 3

4.80

4

reinsurance assets due from reinsurers with a counterparty rating of Grade 4

7.20

5

reinsurance assets due from reinsurers with a counterparty rating of Grade 5

9.60

4.2. Effect of guarantee or collateral

(1) Assets that have been explicitly, unconditionally and irrevocably guaranteed for their remaining term to maturity by a guarantor with a counterparty rating in Grades 1, 2 or 3 who is not a related party to the AIFC-Incorporated Insurer may be assigned the asset risk charge that would apply to a debt instrument issued from the guarantor.

(2) Where an AIFC-Incorporated Insurer holds collateral against an asset, and this collateral takes the form of a charge, mortgage or other security interest in, or over, cash, or any debt security whose issuer has a counterparty rating of Grades 1, 2 or 3, the AIFCIncorporated Insurer may apply the asset risk charge relevant to the collateral (instead of applying the asset risk charge that would otherwise apply to the asset).

(3) The provisions in subrules (1) and (2) above apply only to so much of the asset that is covered by the guarantee or the collateral.

4.3. Assets subject to mortgage or charge

(1) Subject to (2), assets of the AIFC-Incorporated Insurer that are under a fixed or floating charge, mortgage or other security are subject to an asset risk charge of 100% to the extent of the indebtedness secured on those assets. This would replace the asset risk charge that would otherwise apply to the secured assets.

(2) Where the security supports an AIFC-Incorporated Insurer’s Insurance Liabilities, the asset risk charge of 100% is applicable only to the amount by which the market value of the charged assets exceeds the AIFC-Incorporated Insurer’s supported liabilities.

4.4. Excluded assets

An AIFC-Incorporated Insurer need not include an amount in the asset risk charge for any asset excluded from Eligible Capital in accordance with the table B1 in paragraph 4.1.