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IRDA Draft Guidelines on Outsourcing
2 February 2011
See attached a copy of the Outsourcing Guidelines released by the IRDA.
Please note that these guidelines come into effect immediately and all present arrangements which are not
in consonance with these guidelines must be modified by 30th June 2011.
For further information on this topic please contact Tuli & Co
Tel +91 11 2464 0906, fax +91 2464 0904 or email lawyers@tuli.biz
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1
IRDA/Life/CIR/GLD/013/02/2011
01
st
February, 2011
Guidelines on Outsourcing of Activities by Insurance Companies
Reference: 1. INV/CIR/031/2004-05 dated 27
th
July, 2004
2. INV/CIR/058/2004-05 dated 28
th
December, 2004
3. RBI/2006/167 DBOD.NO.BO.40/21.04.158/2006-07
4. Regulation 7(c) of IRDA (Registration of Companies) Regulations,
2000
1.
INTRODUCTION
1.1 Insurers in India are increasingly using outsourcing, as a means of both
reducing cost and accessing expertise, not available internally and achieving
strategic aims. 'Outsourcing' may be defined as “Insurer’s use of a third party
(either an affiliated entity within a corporate group or an entity that is external
to the corporate group) to perform activities on a continuing basis that would
normally be undertaken by the Insurer itself, now or in the future”. These
outsourcing arrangements are becoming increasingly complex.
1.2 Joint Forum set up by Basel Committee on Banking Supervision, International
Organization of Securities Commissions and International Association of Insurance
Supervisors has devised high-level principles on outsourcing in financial firms which
gives guidance to firms, and to regulators, in effectively managing risks involved in
outsourcing without hindering the efficiency and effectiveness of firms. Reserve
Bank of India also brought out Guidelines on Managing Risk and Code of Conduct in
outsourcing of financial services vide reference 3 cited above. This circular is issued
based on best practices adopted internationally as outlined in above document.
These instructions are intended to provide direction and guidance to insurers to
adopt sound and responsible risk management practices for effective oversight.
1.3 Regulation 7 (c) of IRDA (Registration of Companies) Regulations, 2000,
clearly sates “The applicant will carry on “all functions” in respect of insurance
business including “management of Investment” within its own organization”. It has
been observed that certain insurers are outsourcing even core activities such as
Investment, Underwriting and Policy servicing. It is not desirable to outsource the
core and important activities which will affect corporate governance, protection of
policy holders, solvency and revenue flows of insurer.
1.4 In order to ensure proper corporate and regulatory oversight over the
outsourcing of activities of insurers, the Authority has decided to issue following
instructions under Section 14(2) of Insurance Regulatory and Development Authority
Act, 1999. These guidelines apply in addition to the instructions given vide reference
2 cited above.
2
1.5 However this circular supercedes the provisions of para 3 of reference 2 cited
above.
1.6 The insurer shall ensure that outsourcing arrangements neither diminish its
ability to fulfill its obligations to Policyholders nor impede effective supervision by
IRDA. Insurers therefore have to take steps to ensure that the service provider
employs the same standards in performing the services as would be employed by
them if the activities were conducted in house. Accordingly, insurers should not
engage in outsourcing that would result in their internal control, business conduct or
reputation being compromised or weakened.
1.7 Activities of insurers are broadly classified into two categories namely
‘Core’
and ‘Non-Core’, in accordance with Regulation 7(c) of IRDA (Registration of
companies) Regulation, 2000.
2.
CORE ACTIVITIES
2.1 All activities relating to:-
i. Underwriting,
ii.
Product design and all Actuarial functions and Enterprise wide Risk
Management
iii.
Investment and related functions
iv.
Fund Accounting including NAV calculations
v. Admitting or Repudiation of all Claims
vi.
Bank Reconciliation
vii.
Policyholder Grievances Redressal
viii.
Approving Advertisements
ix.
Market Conduct issues
x.
Appointment of Surveyors and Loss Assessors
xi. Compliance with AML, KYC etc.
xii.
All integral components of the above activities shall be treated as Core
Activities
2.2 Policy Servicing and related activities
2.3 Insurers shall not outsource any of the core activities listed in para 2.1.
3. NON CORE ACTIVITIES:
i. Facility management i.e. Housekeeping, Security, Catering, etc.
ii. PF Trust
iii. Internal audit, Internal / branch /concurrent audit etc. (Note: However,
the Board of Directors shall appoint the internal /branch / concurrent
auditor based on the recommendation of the Audit Committee /
Investment Committee respectively as mandated by the Authority in
Corporate Governance Guidelines. The report of internal auditor /
concurrent auditor shall be placed before the Audit Committee /
Investment Committee / Board Meeting for their information and
necessary action)
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