Ref: Apply – Time APPLICATION FORM FINANCIAL SERVICES BOARD REPUBLIC OF SOUTH AFRICA LONG-TERM INSURANCE ACT, 1998 (ACT 52 OF 1998) SHORT-TERM INSURANCE ACT, 1998 (ACT 53 OF 1998) APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT (“ACT”) A. Instructions for completion and submission 1. This form must be properly completed and signed. Questions must be answered either in full or not applicable (“n/a”). The signer(s) must be duly authorised to make the application. 2. The format of this form or the wording of questions may not be changed. However, this form may be reproduced. 3. Answers may be in writing or may be typed. 3.1 If the form is completed on a computer, (a) delete the solid lines in those areas provided for answers before the answers are typed or use the overtype mode whilst the answers are typed. Date: 23/04/2010 Page 1 APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT (b) rows may be inserted where insufficient space is provided for answers. 3.2 If the form is completed by hand, should the space provided not be sufficient, the detail can be provided on a separate page, duly crossreferenced to the relevant question. 3.3 If the form that is submitted contains any changes to typed or written information, those changes must be signed. 4. The completed form does not need to be accompanied by any number of copies. 5. The application must be submitted sufficiently long before the approval is needed to allow the Registrar to consider it and seek information or clarification, where necessary. B. General information 1. This form is required in terms of section 3(2)(a) of the Act read with section 4(1) of the Act. The form must be accompanied by the fees prescribed by the Registrar in terms of section 3(2)(b)(i) and, where indicated, by the documents required in terms of section 3(2)(b)(ii) of the Act. 2. The Registrar, in terms of section 4(2) of the Act, may by notice direct a long-term or short-term insurer (“insurer”) to furnish the Registrar, within a specified period, with specified additional information or documents. 3. The application will not be considered favourably if it is not supported by a compelling reason(s). Date: 23/04/2010 Page 2 APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT C. Legal and policy framework 1. In terms of section 4(1) of the Act a person may apply for approval of extension of time in which to perform anything that is required or permitted to be done under the Act. The application must set out all the reasons for, and information relevant to, the request. 2. In the past it has been experienced that certain persons merely indicate that “due to circumstances beyond our control” or “illness of certain officials” an act cannot be performed within the prescribed period. Other reasons frequently put forward for the inability to perform such acts timely are: 3. 2.1 Pressure of work at the insurer’s, auditors’ or statutory actuary’s office. 2.2 Holiday arrangements. 2.3 Absence from office of the chairman, director or public officer, etc. Extensions will only be granted in cases where the Registrar is satisfied that the delay cannot be avoided by means of alternative arrangements. 4. If the Registrar is satisfied that steps could be taken to avoid a delay it will not grant approval and will not hesitate to enforce the penalty provisions of section 68 of the Long-term Insurance Act or section 66 of the Short-term Insurance Act. D. Specific information I, the undersigned, being the Public Officer1 ___________________________________ of ____________________________________________________________________ hereby apply for approval of extension of time. Date: 23/04/2010 Page 3 APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT 1. Delete public officer and insert other title if the application is not in respect of an insurer. The following information is provided in support of the application. 1. Describe the act in respect of which the request for extension of time is made. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 2. Furnish the date by which the act has to be completed and submitted to the Registrar. _________________________________________________________________ 3. Furnish the extended date for which approval is applied for. _________________________________________________________________ 4. The reason(s) set out below in support of the extension is as a result of the insurer (possibly) not maintaining a financially sound condition as required by section 29 of the Long-term Insurance Act or section 28 of the Short-term Insurance Act 2 as a result of factors that will not endanger the financially sound condition of the insurer2 2. Leave blank if the application is not in respect of an insurer. _________________________________________________________________ _________________________________________________________________ Date: 23/04/2010 Page 4 APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 5. Is the date in answer to question 3 already an extended date? Yes3 No 3. If the answer is “Yes” kindly - 5.1 give the date and reference number of the Registrar’s previous approval. ____________________________________________________________ 5.2 state the reason(s) that supported that application for extension of time. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 6. If the reasons in answer to questions 4 and 5 of Part D are the same, the following measure(s) will be taken to address the problem and prevent it from occurring again4: 4. If the measure(s) include a reference to the auditor or statutory actuary, the insurer should discuss the measure(s) with the auditor or statutory actuary. Date: 23/04/2010 Page 5 APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 7. Furnish the date on which the next financial year/quarter of the insurer ends. Period Date Financial year5 Quarter5 5. 8. Leave blank if not applicable to the application. Did the insurer inform its auditor(s) and statutory actuary (where one is appointed) of this application? Yes No6 6. If the answer is “No” kindly explain. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 9. Are there any other information or documents that are relevant to this application? Yes7 No 7. If the answer is “Yes” kindly specify the information or documents. Date: 23/04/2010 Page 6 APPLICATION FOR APPROVAL OF EXTENSION OF TIME IN TERMS OF SECTION 4(1) OF THE LONG-TERM INSURANCE ACT OR THE SHORT-TERM INSURANCE ACT _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 10. I hereby enclose 10.1 Proof of payment of the fee prescribed by the Registrar by notice in the Government Gazette (the latest fee schedule as prescribed is available on the FSB’s website). 10.2 The documents, if any, mentioned in the Part D of this form in support of the application. 11. I certify, to the best of my knowledge, that the information given in the answers to the above questions are complete, accurate and true and not misleading in any respect. Full forename(s) and surname of the public officer/person. ______________________________________________________________________ ______________________________ ___________________________ SIGNATURE OF PUBLIC OFFICER8 DATE ______________________________ 8. Delete public officer and insert other title if the application is not in respect of an insurer. Date: 23/04/2010 Page 7
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