Islamic Financial Services Board (IFSB) Mutual Insurance and Takāful in a Changing World 12-13 November 2012 | 27-28 Zulhijjah 1433 Ceylan Intercontinental Hotel Istanbul, Turkey www.ifsb.org AGENDA About the IFSB Takāful IFSB Initiatives on Takāful 2 About the IFSB 3 About the IFSB Introduction • • • Based in Malaysia, officially inaugurated on 3 November 2002, and started operations on 10 March 2003 Serves as an international standard-setting body of regulatory and supervisory agencies that have vested interest in ensuring the soundness and stability of the Islamic financial services industry, which is defined broadly to include banking, capital market and Takāful To this end, the work of the IFSB complements BCBS, IOSCO and IAIS BCBS (Banking) IOSCO (Capital Markets) SPECIFICITIES OF ISLAMIC FINANCE IAIS (Insurance) 4 Members of the IFSB 52 8 127 Membership as at 29 March 2012 5 IFSB Initiatives IFSB Initiatives Development of Prudential Standards Standard Development Facilitating Implementation of the Standards (FIS) Awareness Programmes Seminars Annual Events Conferences IFSB Summit Islamic Financial Stability Forum Roundtable Discussions Public Lecture IFSB Central Focus Banking Takāful (Islamic Insurance) Capital Market 7 Takāful 8 About Takāful Tabarru’ Commitment (Maisir, Gharar) Takāful Core Principles Ta’awun (Mutual Cooperation) Prohibition of Riba’ (Usury) 9 Takāful vs Conventional Takāful Insurance Participants’ Risk Fund Conventional Insurer • Sale and purchase agreement Risk Premium Policyholder • Risk transfer from policyholder to insurer Donation Claims • Risk sharing among participants Participant • No restrictions on investment activities Claims • Shariah-compliant investment activities • Claims is paid from the Participants’ Risk Fund • Insurer is liable to pay claims from underwriting fund / Shareholders’ fund • Fund is owned by shareholders • Tabarru’ / Donation agreement Takāful Operator Manage • Fund is owned by participants Fee 10 Takāful vs Conventional Issues arising from the differences Accounting Treatment Fund Ownership - Investment - - Issues on Solvency Issues on Qard Issues on Surplus Sharing Restricted investment activities Fiduciary Duties - Duties towards respective stakeholders Operator’s Fee - Consolidation versus combination of financial statements The extent of allowable deduction from contribution Shariah Compliance - Various resolutions on similar issue (eg Retakāful) 11 IFSB Initiatives on Takāful 12 Regulations for Takāful Joint Paper August 2006 “Issues in Regulation and Supervision of Takāful (Islamic Insurance)” Prudential Regulations for Takāful (Islamic Insurance) • Corporate Governance • Financial and Prudential Regulation • Transparency, Reporting and Market Conduct • Supervisory Review Process 13 Regulations for Takāful Prudential Regulations for Takāful (Islamic Insurance) IFSB-8: Guiding Principles on Governance for Takāful (Islamic Insurance) Undertakings IFSB-11: Standard on Solvency Requirements for Takāful (Islamic Insurance) Undertakings GN-5: Guidance Note on the Recognition of Ratings by External Credit Assessment Institutions (ECAIs) on Takāful and Retakāful Undertakings ED-14: Standard on Risk Management for Takāful (Islamic Insurance) Undertakings (Exposure Period: 1 Nov ‘12 – 31 Mar ’13) 14 Regulations for Takāful IFSB-8: Guiding Principles on Governance for Takāful (Islamic Insurance) Undertakings Principle 1.1 Principle 1.2 Governance Framework Code of Ethics and Conduct Principle 2.1 Principle 2.2 Governance Structure for Participants Procedures of Proper Disclosure Principle 3.1 Principle 3.2 Mechanism to Sustain Solvency Sound Investment Strategy 15 Regulations for Takāful IFSB-11: Standard on Solvency Requirements for Takāful (Islamic Insurance) Undertakings 7 Key Features 1. 2. 3. 4. 5. 6. 7. Total Balance Sheet Approach Adequate Solvency Resources Establish Solvency Control Levels Quality and Suitability of Solvency Resources Comprehensive RM Framework Supervisory Review of RM Framework Public Disclosure of Solvency Information 16 Regulations for Takāful GN-5: Guidance Note on the Recognition of Ratings by External Credit Assessment Institutions (ECAIs) on Takāful and Retakāful Undertakings Criteria for Recognition 1. 2. 3. 4. 5. Explain Meaning and Methods Produce Accurate Ratings Produce Analytic Clarity and Competence Ratings should be Robust & Independent Sound Resources & Financial Condition 17 Takāful - Looking Forward Our way forward: Tentative areas to be covered: Issues on Retakāful Capital Adequacy Stress Testing 18 THANK YOU Kartina Md Ariffin [email protected] Member of the Secretariat Technical and Research 19
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