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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."
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
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
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
Insurance
Reinsurance
Financial Services
Risk Management
Professional Services
Actuarial Services
Legal Services
Banking
Legal
Compliance
Risk Management
Actuarial
Finance
Underwriting
Claims
Operations
Reinsurance
Portfolio Management
Technical
Corporate Strategy
Regulatory Affairs
Data Management
Information Technology
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
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