¶¶Òõ¶ÌÊÓÆµ

Loss Portfolio Transfer Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Loss Portfolio Transfer Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Loss Portfolio Transfer Agreement

"I need a Loss Portfolio Transfer Agreement under South African law to transfer our motor insurance portfolio (approximately 10,000 policies) to ABC Reinsurance, with the transfer to be effective from March 1, 2025, including provisions for ongoing claims handling support for 12 months."

Document background
The Loss Portfolio Transfer Agreement is a crucial document used in the South African insurance market when an insurer wishes to transfer a portfolio of insurance policies and their associated liabilities to another insurer or reinsurer. This type of agreement is particularly relevant in scenarios such as business restructuring, exit from specific insurance lines, or capital management optimization. The document must comply with the Insurance Act 18 of 2017 and other relevant South African financial sector regulations, including obtaining necessary regulatory approvals from the Prudential Authority. It typically includes detailed provisions for the transfer of reserves, claims handling procedures, data protection compliance, and ongoing reporting requirements. The agreement is essential for insurers managing their risk exposure and capital efficiency, while ensuring policyholder interests are protected in accordance with South African law.
Suggested Sections

1. Parties: Identifies the transferring insurer (cedent) and the accepting insurer/reinsurer (transferee)

2. Background: Contextual information about the portfolio transfer and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Transfer and Acceptance: Core provisions detailing the transfer of the insurance portfolio and associated liabilities

5. Scope of Transfer: Detailed description of what is included in the portfolio transfer

6. Financial Considerations: Terms regarding transfer premium, reserves, and other financial aspects

7. Payment Terms: Details of how and when payments will be made

8. Representations and Warranties: Statements of fact and promises made by both parties

9. Regulatory Compliance: Provisions ensuring compliance with South African insurance regulations

10. Claims Handling: Procedures for managing existing and future claims

11. Data Protection: Provisions for handling personal information in compliance with POPIA

12. Reporting Requirements: Obligations for financial and operational reporting

13. Dispute Resolution: Procedures for handling disputes between parties

14. Governing Law and Jurisdiction: Specifies South African law as governing law and jurisdiction

15. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Transition Services: Required when ongoing administrative support is needed from the cedent

2. Currency and Exchange Rate Provisions: Needed for international transfers or multi-currency portfolios

3. Retrocession Arrangements: Required when the transferee plans to retrocede part of the portfolio

4. Tax Provisions: Detailed tax arrangements when complex tax implications exist

5. Broker Involvement: Required when brokers are involved in the transfer

6. Anti-Money Laundering Compliance: Detailed AML provisions for high-risk portfolios

7. Staff Transfer Provisions: Required when staff members are being transferred with the portfolio

Suggested Schedules

1. Portfolio Description Schedule: Detailed list of policies being transferred, including policy numbers and types

2. Financial Schedule: Detailed breakdown of reserves, premiums, and other financial metrics

3. Claims Schedule: List of outstanding claims and claims history

4. Due Diligence Findings: Summary of due diligence results and any identified issues

5. Transfer Timeline: Detailed timeline for the transfer process and key milestones

6. Required Regulatory Approvals: List of required regulatory approvals and their status

7. Data Transfer Protocol: Technical specifications for the transfer of policy and claims data

8. Service Levels: Performance standards for claims handling and other services

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses



































Relevant Industries

Insurance

Reinsurance

Financial Services

Risk Management

Professional Services

Actuarial Services

Legal Services

Banking

Relevant Teams

Legal

Compliance

Risk Management

Actuarial

Finance

Underwriting

Claims

Operations

Reinsurance

Portfolio Management

Technical

Corporate Strategy

Regulatory Affairs

Data Management

Information Technology

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Risk Officer

Chief Actuary

Head of Reinsurance

Portfolio Manager

Claims Manager

Compliance Officer

Legal Counsel

Risk Manager

Underwriting Manager

Finance Director

Insurance Manager

Portfolio Actuary

Reinsurance Manager

Operations Director

Technical Director

Head of Legal

Head of Compliance

Senior Underwriter

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Contractual Agreement (Insurance)

A South African law-governed insurance agreement establishing coverage terms between insurer and policyholder, compliant with local insurance regulations.

find out more

Agreement Of Loss (Insurance)

A South African legal document that finalizes an insurance claim settlement between insurer and insured, specifying the loss details and settlement terms.

find out more

Agreement Of (Insurance)

South African insurance agreement establishing coverage terms and conditions between insurer and policyholder, compliant with local insurance regulations.

find out more

Lease Agreement (Insurance)

A South African lease agreement incorporating specific insurance requirements and obligations for property rental, governed by South African property and insurance law.

find out more

Credit Agreement (Insurance)

A South African law-governed agreement combining credit facility terms with insurance coverage, compliant with the National Credit Act and Insurance Act requirements.

find out more

Standard Reinsurance Agreement

A South African law-governed agreement between an insurer and reinsurer defining risk transfer terms, premium calculations, and compliance requirements under local insurance regulations.

find out more

Insurance Distribution Agreement

A South African law-governed agreement establishing terms for insurance product distribution through intermediaries, ensuring FAIS Act compliance and defining commercial relationships.

find out more

Loss Portfolio Transfer Agreement

A South African law-governed reinsurance agreement for transferring insurance portfolios and associated liabilities between insurers, subject to local regulatory requirements.

find out more

Insurance Premium Finance Agreement

A South African law-governed agreement for financing insurance premiums, establishing terms for structured premium payments and compliance with local credit and insurance regulations.

find out more

Insurance Addendum

A South African law-compliant document that modifies an existing insurance policy, detailing changes to terms, coverage, or premiums.

find out more

Independent Agent Agreement

A South African law-governed agreement establishing the terms and conditions between a principal company and an independent agent, defining their business relationship and scope of authority.

find out more

Disability Buy Sell Agreement

A South African law-governed agreement establishing terms for purchasing a business owner's interest upon disability, including valuation and transfer procedures.

find out more

Renters Insurance Agreement

A South African law-governed insurance agreement protecting tenants' personal property and liability in rental accommodations.

find out more

Key Employee Agreement

A South African law-governed employment agreement for senior employees, including comprehensive terms, protections, and compliance with local labor legislation.

find out more

Life Insurance Agreement

A South African-law governed agreement establishing life insurance coverage terms between an insurer and policyholder, including benefits, premiums, and claim procedures.

find out more

Car Insurance Agreement

A South African law-governed agreement establishing motor vehicle insurance terms between an insurer and policyholder.

find out more

Key Person Agreement

A South African law-governed agreement to secure and retain crucial employees, including specific provisions for enhanced benefits, performance expectations, and company protection measures.

find out more

Health Insurance Agreement

A South African law-governed agreement between a medical scheme/health insurer and members, detailing healthcare benefits, premiums, and obligations under the Medical Schemes Act.

find out more

Life Settlement Agreement

A South African law-governed agreement for the sale and transfer of an existing life insurance policy from the original policyholder to a third-party purchaser.

find out more

Insurance Indemnity Contract

A South African law-governed contract establishing insurance indemnity coverage terms between an insurer and insured party.

find out more

Risk Transfer Agreement

A South African law-governed agreement for transferring specified risks between parties, typically from a business entity to a financial institution or insurer.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.