Page 1 of14CARE –(Contingent Asset Relief Equity) Re/Insurance Industry–Challenges in the Global Markets. The rapidly changing regulatory environment, with the Risk-based Capital Regulation, Enhanced Minimum Capital Requirement, the Capital Adequacy and Solvency Margins, has resulted in either mergers and acquisitions or insurers as well as reinsurers finding it difficult to retain the books of business and cutting on underwriting portfolios. In their report Capital Adequacy and Insurance Risk-Based Capital Systems, J. David Cummins and Richard D. Phillips observe: “The insurance industry is heavily regulated in every developed economy worldwide, with regulation focus ing primarily on solvency. During the past fifteen years, nearly every majorregulatory jurisdiction has either revised or is considering major revisions in its regulatory system with respect to solvency surveillance, with an emphasis on introducing risk-based capital regulation. Risk-based capital (RBC) regulatory systems for insurance were first introduced in Canada and the U.S. in 1992 and 1994, respectively. Japan introduced its Solvency Margin Standard in 1996, andAustralia adopted a risk-based system in 2001. The United Kingdom adopted its “enhanced capitalassessment framework” in 2004, the Netherlands introduced a new system in 2006, andSwitzerland adopted the Swiss Solvency Test (SST) in 2006. Efforts are currently underway to harmonize solvency regulation in the European Union (E.U.) with the implementation of the Solvency II risk-based capital standards anticipated in 2012 to replace the Solvency I system thatwas adopted in 2001. In the U.S., the National Association of Ins urance Commissioners (NAIC) announced its Solvency Modernization Initiative in 2008, which will include a reevaluation of the U.S. RBC system, among other objectives.”The development and testing of Solvency II regime has seen substantial attention in the last few years, including concerns, controversies and commentaries, but the fact remains that in the changing dynamics of the industry, Solvency II promises to be the catalyst for change within the insurance industry worldwide. According to the Briefing Notes “Ins urance Governance Leade rship Network” published on Feb 09,2012 by Tapestry Networks, Inc · “The increasingly important European dimension: Many participants view the European Union (EU) as even more influential in insurance than it is in banking –for example, through the EU directive known as Solvency II, which is intended “to establish a revised set of EU -wide capital requirements and riskmanagement standards that will replace the current solvency requirements.”... The newlyestablished EIOPA, which has substantial input into Solvency II, may be more important for the industry than its counterpart, the European Banking Authority (EBA) is for the banking industry... “Increasingly, the [supervisors] of the world will simply be implementing EIOPA’s policies,” predictedone director.”And Guy Carpenter’s report “Succeeding Under Solvency II - Pillar One: Capital Requirements” states:“ Despite its nominally European focus, Solvency II presents a wide range of considerations - andopportunities - to insurance entities worldwide. This new regulatory framework will enact a fundamental change in the way the European insurance industry looks at risk and risk managementpractices,… All businesses that have operations, subsidiaries or affiliates in Europe, write coverage in Europe or do business with insurers in Europe should be preparing now for these wide-ranging changes.”Taking Solvency II as the benchmark, and keeping in firm view the fact that same or similar regulations will be promulgated around the globe, the cost of doing business will have a new meaning for insurance and
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7/31/2019 CARE-Product Features and Benefits 20062012
Re/Insurance Industry – Challenges in the Global Markets.
The rapidly changing regulatory environment, with the Risk-based Capital Regulation, Enhanced MinimumCapital Requirement, the Capital Adequacy and Solvency Margins, has resulted in either mergers and
acquisitions or insurers as well as reinsurers finding it difficult to retain the books of business and cutting on
underwriting portfolios.
In their report Capital Adequacy and Insurance Risk-Based Capital Systems, J. David Cummins and Richard D.
Phillips observe:
“The insurance industry is heavily regulated in every developed economy worldwide, with
regulation focusing primarily on solvency. During the past fifteen years, nearly every major
regulatory jurisdiction has either revised or is considering major revisions in its regulatory system
with respect to solvency surveillance, with an emphasis on introducing risk-based capital regulation.
Risk-based capital (RBC) regulatory systems for insurance were first introduced in Canada and theU.S. in 1992 and 1994, respectively. Japan introduced its Solvency Margin Standard in 1996, and
Australia adopted a risk-based system in 2001. The United Kingdom adopted its “enhanced capital
assessment framework” in 2004, the Netherlands introduced a new system in 2006, and
Switzerland adopted the Swiss Solvency Test (SST) in 2006. Efforts are currently underway to
harmonize solvency regulation in the European Union (E.U.) with the implementation of the
Solvency II risk-based capital standards anticipated in 2012 to replace the Solvency I system that
was adopted in 2001. In the U.S., the National Association of Insurance Commissioners (NAIC)
announced its Solvency Modernization Initiative in 2008, which will include a reevaluation of the
U.S. RBC system, among other objectives.”
The development and testing of Solvency II regime has seen substantial attention in the last few years,including concerns, controversies and commentaries, but the fact remains that in the changing dynamics of the
industry, Solvency II promises to be the catalyst for change within the insurance industry worldwide.
According to the Briefing Notes “Insurance Governance Leadership Network” published on Feb 09,2012 by
Tapestry Networks, Inc ·
“The increasingly important European dimension: Many participants view the European Union (EU)
as even more influential in insurance than it is in banking – for example, through the EU directive
known as Solvency II, which is intended “to establish a revised set of EU-wide capital requirements
and risk management standards that will replace the current solvency requirements.”... The newly
established EIOPA, which has substantial input into Solvency II, may be more important for the
industry than its counterpart, the European Banking Authority (EBA) is for the banking industry...“Increasingly, the [supervisors] of the world will simply be implementing EIOPA’s policies,” predicted
one director.”
And Guy Carpenter’s report “Succeeding Under Solvency II - Pillar One: Capital Requirements” states:
“ Despite its nominally European focus, Solvency II presents a wide range of considerations - and
opportunities - to insurance entities worldwide. This new regulatory framework will enact a
fundamental change in the way the European insurance industry looks at risk and risk management
practices,… All businesses that have operations, subsidiaries or affiliates in Europe, write coverage
in Europe or do business with insurers in Europe should be preparing now for these wide-ranging
changes.”
Taking Solvency II as the benchmark, and keeping in firm view the fact that same or similar regulations will be
promulgated around the globe, the cost of doing business will have a new meaning for insurance and
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reinsurance companies, with the additional load of implementation and maintenance of capital adequacy. In
two of Guy Carpenter research reports “Succeeding Under Solvency II - Pillar One: Capital Requirements” and
“Impact Of Solvency II On Primary Insurance Companies: Cost Considerations”, it is stated that
“The cost of maintaining required levels of capital will rise substantially under the Solvency II regime. Thecapital requirements promulgated by QIS 5 for non-life insurers (before diversification) have been raised
overall by approximately 15 percent over QIS 4 and are approximately three to four times greater than
Solvency I capital requirements.... Consequently, the relative profitability and economic attractiveness of
specific products will change under the new solvency regime.”
And
“Implementation costs are a major additional expense in an environment where insurers are already
struggling to maintain profitability during an inopportune time in the underwriting cycle. The ultimate
goal of the Solvency II initiative is to create a more secure and safe environment for policyholders.
However, the substantial costs to the industry as a whole are such that the more immediate impact may
be the exact opposite of what was intended.
Indeed, the overall implementation costs for Solvency II are difficult to overstate. A November 2010PricewaterhouseCoopers LLP (PwC) survey indicates that the industry-wide Solvency II implementation
cost is on course to exceed the European Commission’s estimate of EUR3 billion (1). Lloyd’s of London is
expecting to spend GBP250 million in total on implementation, with annual ongoing Solvency II-related
expenses of about GBP60 million to GBP70 million. Multinational insurers in the United Kingdom have set
aside roughly GBP100 million for Solvency II implementation.”
A Morgan Stantley + Oliver Wayne research report titled “Solvency 2: Quantitative & Strategic Impact - The Tide
is Going Out “states:
Our company analysis suggests that non-life
companies will see the greatest increase in capital requirements and the most reduced solvency ratios.
Exhibit 22 shows the change in the solvency ratio
between Solvency 1 and Solvency 2 for the four
fictitious companies used in our model, which
include a diversified reinsurer (Fantasy Re) and a
pure primary non-life company (Accidental P&C).
Both of these companies suffer from a larger drop in
regulatory solvency coverage than the pure life
company (Mystic Global Life) and the composite
(Mosaic Composite).
This will not come as a surprise to many of the larger companies that already manage to risk-based
rating agency capital models. Solvency 1 non-life regulatory capital requirements have long been
recognised by the rating agencies as an inadequate measure of risk.
We expect the major reinsurers, in particular, to maintain good Solvency 2 buffers on the standard
QIS5 model, and this may be further improved through the use of internal models. As we discuss
below, reinsurers benefit from a strong diversification benefit.
However, it is possible that many non-life insurers find the capital requirements quite steep –
particularly given the increase in many of the capital charges for non-life risk between QIS4 and
QIS5. Companies that do not have the resources or data to use company-specific factors, full or
partial internal models may be at a particular disadvantage.”
Insider Quarterly observes the Rise of contingent capital stating:
“ Scor provided a public demonstration of the contingent capital model when the first EUR75mn
tranche of its EUR150mn contingent facility with UBS was triggered by Q1 cat losses in July...The
French reinsurer lined up the contingent capital facility with UBS - to which it ultimately issued
shares at a pre-agreed strike price - late last year as an alternative source of retro protection….And IQ understands that contingent capital-style transactions have been pursued by a
wide array of reinsurers with their bankers, with at least half a dozen deals at various stages of
completion. According to sources, the facilities - which typically see carriers pay up front to secure a
mezzanine layer of capital below senior debt to be drawn down under pre-agreed triggers - are
being peddled by investment banks with insurance-focused teams, such as Goldman Sachs,
Deutsche Bank, Credit Suisse and UBS, along with the big three reinsurance brokers...Indeed, the
handful of public transactions announced so far in 2011 are likely to represent only a fraction of the
overall volume of deals getting done.”
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In the banking sector a greater emphasis is placed on liquidity of capital to protect against potential
runs on deposits, which rules out most forms of contingent capital;
For insurers, however, the longer term nature of their liabilities means that contingent capital is a muchmore valuable resource as long as reliance can be placed on the counterparty's willingness and ability
to pay. (Eligible capital for insurance companies By Christophe Ollivier, Financial Institutions Group,
CALYON)
Contingent capital is low-cost off-balance sheet alternative (Culp, 2002a)
Contingent capital structures, however, provide insurers and reinsurers with the right, but not the
obligation, to issue specified security in the future at specified terms regarding price, triggering event
and the time frame... The predetermined price is very important for insurance companies as after the
occurrence of catastrophic event it is usually very hard to obtain financial resources at prices that were
prevailing before the occurrence of the triggering event and in addition, reinsurance and retrocession
markets capacity becomes scarce and expensive. (Vladimir Njegomir and Rado Maksimović - “ Risk
Transfer Solutions For The Insurance Industry” in Economic Annals, Volume LIV, No. 180)
The costs of structuring contingent capital deals are much lower than are for catastrophe bonds as
these deals are made through private placements (Culp, 2006) and usually the main cost is option fee
paid to option writer at agreed intervals.
Additional benefits of contingent capital include balance sheet protection when it is most needed and
access to financing with neither a corresponding increase in leverage nor a dilution of shareholders’
equity (Benfield, 2008).
The economic motivation of the insured corporation is to have access to less expensive capital than it
could obtain through capital markets or bank loans after the occurrence of the trigger event.
The terms and conditions of contingent capital financing can be highly tailored and can thus vary
widely: loans can be fixed or floating rate, securities can be issued as common equity, debt or
preferreds... Contingent capital can be structured in various forms, but generally, two broad classes are
considered: contingent debt and contingent equity ... (Capital Market Instruments for Catastrophe Risk
Financing by Drs. Véronique Bruggeman, LL.M.)
Additionally, contingent capital structures can address risks that are ‘unhedgeable’ or cannot be
adequately mitigated with traditional capital markets tools.
Moreover, potential tax deductibility from ongoing interest payments if debt funding is used can be
seen as another benefit of contingent capital use.
Because the terms of the capital injection are pre-agreed to, the company generally receives more
favourable terms than it would receive if it were to raise capital after a large loss, when it is likely to be
in a weakened financial condition. Under these conditions, contingent capital can provide a cost
efficient solution, aiming at the prevention of insolvency and at the prevention of a threat to planned
investment projects due to a lack of disposable funds. ( SwissRe (1999). Alternative Risk Transfer (ART)
for Corporations: a Passing Fashion or Risk Management for the 21st
Century? Sigma No. 2/1999., 27-
28.)
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1. Only Registered Insurance/ Reinsurance Company qualify.
2. Approval by GAAMCO Management for qualification. (Based on assessment of the following: Audited Accounts for three consecutive years
Proposed Portfolio of Underwriting (EPI + Loss Ratio projections)
KYCC)
3. Contingent Capital Provision Agreement under CARE, entailing the following:
1. GAAMCO will commit to, upon the occurrence of a pre-decided triggering event (T rigger ), purchase
equity ( Asset ) at a pre-set price (Price) for a fixed period of time (Tenure), thus providing the client
with a capital infusion. (As per standard contingent capital contracts)
2. GAAMCO will offer these services against Financial Fees (Commitment Fees)
4. The Re/insurance Company will agree to deposit Premium with the designated bank of GAAMCO, in
trust, for the tenure of engagement. All claims will be forwarded to GAAMCO for imbursements and the
residual income will be shared 50/50 between the Re/insurance Company and GAAMCO.5. Early cancellation of arrangement is subject to a penalty clause – Penalty is pro-rata based on time
before expiry of tenure.
(Terms of Reference are attached for ready reference - Annexure 1)
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1. R/I Company is required to fill in a proposal form with KYC + KYCC particulars and submit it to GAAMCO
with a nominal (non-refundable) processing fee. This fee is usually negotiable. (Proposal Form enclosed -
Annexure 2)
2. CARE – Contingent Capital Agreement will be signed between R/I Company and GAAMCO, defining the
Asset, Tenure, Trigger, Commitment Fee, Price etc.
3. Pre LOC advice and / or a Pre-BG will be provided to the R/I Companies by GAAMCO through their Bankers
via SWIFT MT799
4. R/I Company will deposit “Commitment Deposit” with the designated bank of GAAMCO – This CommitmentFees will in all cases be non refundable. – The Commitment Deposit amounts to 1/12
thof the EPI
Undertaking.
5. R/I Company will provide an EPI Undertaking that the minimum EPI to be generated against the Contingent
Capital Agreement should not be less than the 100% of the value of facility (Draft of EPI Undertaking
enclosed – Annexure 3)
6. GAAMCO will upon receipt of the Commitment Deposit have a Banking Instrument issued to the R/I
Company for confirmation of the CARE – Contingent Capital Agreement.
7.
All Premia generated by the R/I company shall be deposited with the designated Bank of GAAMCO, to beheld in trust for the tenure of the agreement.
8. R/I Company will be at liberty to draw on the premia, being held in trust be designated Bank, to meet the
contingencies of claim up to a maximum of 62% inclusive of Insurer’s and Reinsurer’s retention. (Draft
SUBJECT: LETTER OF UNDERTAKING FOR DEPOSIT OF PREMIA WITH THE DESIGNATED BANK OF
GOLDASSURANCE ASSET MANAGEMENT COMPANY LIMITED, TO BE HELD IN TRUST FOR THE TENURE
OF ENGAGEMENT, REFERENCE THIS CARE- CONTINGENT CAPITAL AGREEMENT IN THE AMOUNT OF (
(AMOUNT) )
DEAR SIRS,
REFERENCE IS MADE TO CARE- CONTINGENT CAPITAL AGREEMENT IN THE AMOUNT OF ( (AMOUNT)
) BETWEEN YOUR COMPANY GOLDASSURANCE ASSET MANAGEMENT COMPANY LTD. ANDOURSELVES.
WE HEREBY, CONFIRM AND DECLARE WITH FULL CORPORATE RESPONSIBILITY THAT THE EXPECTED
PREMIUM INCOME FOR THE PORTFOLIO OF BUSINESS DECLARED IN OUR INITIAL REQUEST DATED:, IS USD (USD AMOUNT IS WORDS)
WE FURTHER UNDERTAKE TO DEPOSIT THE PREMIUM GENERATED, NO LESS THAN 100% IN VALUE OF
THE FACE VALUE OF CARE CONTINGENT CAPITAL AGREEMENT WITH THE DESIGNATED ACCOUNT OF
GOLDASSURANCE ASSET MANAGEMENT COMPANY LIMITED DESCRIBED HEREUNDER:
BANK NAME:
BANK ADDRESS:
ACCOUNT HOLDER:
SWIFT CODE:
BANK ACCT NUNMBER:
BANK OFFICER NAME:
BANK TEL:
BANK FAX:
WE FURTHER UNDERSTAND AND AGREE
THAT THE PROCESSING CHARGES PAID FOR THE PROCESSING OF CARE – CONTINGENT CAPITAL AGREEMENT
ALONG WITH ALL DOCUMENTS ARE RETURNED AND/ OR ARE NOT REFUNDABLE,
AND THAT COMMITMENT DEPOSIT, AMOUNTING TO NO LESS THAN 1/12 OF THE EPI OF THE FACE VALUE OF
THIS GUARANTEE IS TO BE DEPOSITED IN THE AFOREMENTIONED DESIGNATED BANK ACCOUNT OF
GOLDASSURANCE ASSET MANAGEMENT COMPANY LIMITED,
AND THAT MONTHLY CESSION OF VALUE NO LESS THAN 1/12TH OF THE TOTAL EPI IS TO BE DEPOSITED IN THEAFOREMENTIONED DESIGNATED BANK ACCOUNT OF GOLDASSURANCE ASSET MANAGEMENT COMPANY
LIMITED, FAILING WHICH THIS CONTINGENT CAPITAL AGREEMENT WILL AUTOMATICALLY BE CANCELLED
THIS UNDERSTANDING IS ALSO BE BINDING ON OUR SUCCESSORS, ASSIGNEES AND TRANSFEREES
INCLUDING BANKERS, RECEIVERS AND ANYBODY ELSE DIRECTLY OR INDIRECTLY INVOLVED ON OUR
SIDE, THE SIDE OF THE BENEFICIARY.
SIGNATURE AND COMPANY STAMP
(NOTARIZED)
Annexure 3
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A tripartite agreement can/may be made between the three parties to address claim contingencies in a ratio mutually agreeable between them.
The drawdown value of the Banking instrument will decrease pro-rata with all withdrawals (in lieu of Insurance/ reinsurance retention, Production, Claims etc)
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