Policy on foreign investment in Insurance Sector |
As per the Consolidated FDI Policy, 2013 FDI in Insurance Sector is permitted up to 26% under the automatic route, subject to two conditions, namely:
- Insurance Act, 1938 permits FDI in insurance sector under automatic route.
- The overseas companies bringing FDI in insurance sector obtains the required license from Insurance Regulatory & Development Authority (‘IRDA’).
On 4th February, 2014, DIPP vide Press Note 2 (2014 Series) has permitted investment by FIIs and NRIs within the limit of 26 % in the Indian Insurance sector under automatic route. The government has also clarified that for the purpose of sectoral caps under FDI Policy Insurance sector includes the following:
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(a) Insurance Company |
(b) Insurance Brokers |
(c) Third Party Administrators (TPA) |
(d) Surveyors and Loss Assessors |
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The following additional conditions have been imposed for permitting FDI up to 26% (FDI, FII and NRI) in the Insurance sector under automatic route:
- The provisions relating to ‘Banking-Private Sector’ shall apply to bank promoted insurance companies as contained in DIPP consolidated Policy, 2013 under Para 6.2.17.2.2(4) (i) (c) (e), which are:
a) |
Applications for FDI in private banks having JV or subsidiary in insurance sector, to be made to RBI for consideration, in consultation with IRDA. |
b) |
All the policies and procedures prescribed by RBI and other institutions such as SEBI, DCA and IRDA in respect of these matters shall be applicable. |
- An Insurance Company has been defined as:
a) |
A company formed and registered under the Companies Act, 1956. |
b) |
A company in which aggregate equity holding by a foreign company (along with its subsidiary and nominee companies) does not exceed 26% of its paid-up equity capital. |
c) |
A company carrying on sole business of life insurance or re-insurance. |
- Insurance broker means a person holding a license under Regulation 11 of IRDA (Insurance Broker) Regulations, 2002 who arranges for insurance contract with insurance or re-insurance companies on behalf of his clients.
- TPA means a third party administrator holding a license from IRDA under IRDA (health service) regulations, 2001 and is engaged in the agreement with insurance company for health services.
- Surveyors and loss assessors will be governed by IRDA Insurance Surveyors and Loss Assessors (Licensing, Professional Requirements and Code of Conduct) Regulations, 2000.
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Effective date of circular: 4 th February, 2014. |
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IMPACT: |
- The existing foreign equity holders in the Insurance Sector will have additional exit opportunities as they now have the option to sell their holdings to FIIs and NRIs.
- The Insurance Companies will have new avenues for raising funds from FIIs and NRIs.
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