Overview of Insurance Company Licence | Eligibility & Procedure

The ability to buy and sell insurance products is granted by holding an insurance company licence. The state insurance commissioner is in charge of issuing the licence to purchase and offer various types of insurance, such as life and disability, health, vehicle, and worker's compensation. Anyone who resides in one state but sells insurance in nearby states is required to have a licence from each state. Although it is not necessary to work with an enrolled office to obtain the licence, it is necessary once you plan to work together.

Prior to 1999, the 1938 Insurance Act and the Controller of Insurance managed our nation's insurance industry. However, the creation of IRDA has significantly altered the insurance industry. People became aware of the need for licence renewal in the sector of insurance companies as a result of the development of IRDA. The insurance industry's earlier regulations were out of date and irrelevant.

Before applying for an insurance company licence, it is required that all components get a Certificate from the Authority. The IRDA can provide the licence required for several forms of insurance, such as life insurance, fire insurance, marine insurance, etc. In any case, it is important to keep in mind that the life insurance industry will not merge with any other type of insurance industry.

Scope of IRDA

India's insurance business is governed by the Insurance Regulatory and Development Authority of India (IRDAI), a central body. In addition, the organisation monitors India's insurance industry regulation. This oversight body ensures that there is a healthy balance between insurance companies and policyholders. The fact that your business will deal in financial items makes having an insurance licence crucial. Insurance contracts ensure the policyholder's financial security in the event of a certain incident. Therefore, these places are frequently restricted. Thus, obtaining an IRDA licence is necessary before opening an insurance company. 

• The plan of action for obtaining an insurance licence from IRDA, 
• The procedure for having insurance products approved by IRDA, and 
• The process for appointing an insurance intermediary.

Documents Required to Obtain Insurance Company License

The document needed to apply for an insurance company licence:

• The IRDAI must receive an application in the form IRDAI/R1 for in demand for the registration application from a candidate seeking to licence an insurance firm.
• Following are the supporting documents for the application:
• The applicant is a business registered under the Companies Act of 2013 and is certified by MOA and AOA.
• Information on the directors, including name, address, and profession
• Certified copy of the Indian promoters' and foreign investors' annual reports for the last five years
• Certified copy of the shareholding contract between the applicant's foreign investors and Indian promoters
• The five-year business strategy is approved by the Board of Directors.

Application for Registration of Insurance Company License

The candidate will submit an application in Form IRDAI/R2 for the issuance of a certificate of registration once the authority acknowledges the demand application. The application will include the supporting information:

• Application for Life, General, and Health Insurance - Evidence is indicating that settled up-value capital is more than Rs. 100 crore or more; 
• Application for reinsurance Business - Evidence is expressing that settled up value capital is more than Rs. 200 crores or more;

• An affidavit from the Indian and foreign promoters stating that, after deducting initial costs, the paid-up equity capital is adequate.
• The shareholding declaration includes the distinct number of shares granted to the promoters, 
• As well as the CEO, MD, and WTD of Indian developers and foreign investors, who state that the holding of foreign paid-up equity capital is calculated in accordance with the Indian Insurance Companies (Foreign Investment) Rules, 2015, which is read with various guiding principles.
• FIPB approval in the event that FDI exceeds the 26% cap;
• A certified copy of the prospectus was released;
• Authenticated copy of the Memorandum of Understanding or any other agreement made between the promoters, such as a management agreement, shareholder agreement, voting agreement, or other arrangements;
• Five lakh rupees in non-refundable expenses;
• A PCA or PCS certificate attesting to the consistency of registration fees, value of share capital, and other Act requirements.

The type of insurance products, the level of actuarial, bookkeeping, and other expert specialists in the administration, as well as the association structure, will all be taken into consideration by the authority after receiving the application. The certificate will be given to the applicant in Form IRDAI/R£ once the authority has completed its investigation and is satisfied. If the Authority doesn't feel satisfied with the information provided by the applicant for the purpose of acquiring an insurance company licence, they may reject the application.

Within thirty days of the day the order of rejection entered into effect with the reason for rejection, the candidate will be informed of their rejection. Within 30 days of receiving the discharge order, a candidate may speak with SAT.

The candidate who has been granted a licence to operate an insurance firm must start doing business within a year of receiving the licence.

Registration Procedure for Obtaining an Insurance Company License

The steps involved in registering for an insurance company licence are:-

• A candidate may apply additional security, a general insurance company, a health insurance company operating exclusively, or a reinsurance company.
• After accepting an application, the Authority may request more information or an explanation related to the application.
• Following completion, the Authority may approve, at which time the candidate must submit a new application in Form IRDAI/R2 for the issuance of a certificate of registration.
• By documenting the justification as a physical copy, the Authority may reject the request for the issuance of an order for a registration form.
• A candidate who feels that their choice was unfair must file a complaint with the Securities Appellate Tribunal within 30 days of receiving the letter of dismissal.

Circumstances under which an applicant is not eligible to file an application under IRDAI/R1

Conditions that prevent an applicant from submitting an IRDAI/R1 application:

• In the event that the authority rejects your registration request
• If foreign investors or Indian investors have chosen to abandon the project for any reason over the two prior fiscal years beginning on the date of the registration application
• During the previous two fiscal years from the date of the order for registration application, the Authority has rejected the application for registration or the candidate has withdrawn under any circumstances;
• If your Certificate of Registration has been abandoned by the Controlling Authority;
• If neither the word "insurance" nor the word "assurance" appears in the applicant's name.

Suspension of Certificate of Insurance Company License

Some of the actions will results in the suspension of the certificate of insurance company license are discussed below:

• Failure to comply with the arrangements of the activities identified with the calculation of benefits and liabilities. 
• The insurance has been designated as wiped out or is under liquidation.
• Without the Authority's consent, the Guarantor's company or a segment of it has been transferred to another person, transferred to another safety net provider, or combined with it.
• Failure to comply with an Act's requirements, a rule or regulation, a direction or order from the authority.
• Any case remains unpaid for more than three months following the court's ruling.
• The insurer transmits business that is not insurance-related or counselled business.
• Failure to give your assent when the Companies Act of 2013, the General Insurance Business Act of 1972, the Foreign Exchange Management Act of 1999, or the Prevention of Money Laundering Act of 2002 are required.
• Fails to make the yearly payments specified by the Act.

Renewal of IRDA Licenses in India

Form IRDA/R5 is used by applicants who have insurance licences to submit their applications. This application needs to be turned in before the year is over. The following records must be provided with a renewal application as evidence of renewal:

• The cost of each insurance kind is 50,000 rupees.
• One-fifth of one per cent of the insurance company's total gross premiums collected during the fiscal year before the year the certificate must be renewed.
• Alternatively, whichever is less: Rs 5 crore.

The authority will accept the application if the insurance firm does not renew by December 31 of each year. On the other hand, the applicant will incur a penalty equal to 10% of the total amount owing if payments are not made on time.

The charge will be deposited into the Reserve Bank of India's account held by the Insurance Regulatory and Development Authority of India.

Certificate in duplicate - Additionally, the insurance firm may request a duplicate certificate from the IRDAI. A Rs 5000 application fee and an IRDA/R4 application must be submitted by the applicant.

Why Corpbiz for Insurance Company License?

Corpbiz services assist you and your businesses in obtaining the necessary licenses to operate in the insurance industry. Below are the services offered by Corpbiz in getting an insurance company license:

• License Application Assistance - We assist our customers with the insurance license application process, including the relevant document and ensure all required documents are provided.
• Regulatory Compliance - We ensure that our clients satisfy all legal specifications and standards established by the regional insurance regulatory agencies.
• License Renewal and Maintenance - Helping clients with license renewals and maintaining compliance with current requirements will ensure that they may continue conducting business legally.
• Market Research and Business Strategy - Offer insights and advice on market prospects, potential target demographic, and business expansion plans for the insurance industry.

We'll put you in touch with an expert in insurance licences who can offer quick, top-notch assistance. We follow up with each jurisdiction as your licence renewal or application is finalised, post the photos of your business licence to your online portfolio, and mail you the originals. Through our safe portal, you'll also have complete access to your insurance licence portfolio.