IRDA Insurance Company License
To start an insurance company in India, it is compulsory to get the certificate from concerned authority. A person who desires to be in the business of selling ,insurance items must procure an insurance company license from the insurance commissioner of the concerned state. The purpose of obtaining license is to sell the insurance and would be isolated in various kinds such as health, life and inability, auto and worker’s compensation.
Overview
Before the Insurance Regulatory Development Authority of India (IRDAI), Insurance used to be regulated under the Insurance Act, 1938. Then several amendments got passed for appropriate regulation of Insurance business. Insurance Companies got the nationalization in mid-1950s which also included the LIC’s nationalization. The IRDAI Act was enacted with a view to regulate and develop the insurance businesses sector in India and further governs the various process like business registration, license grant, and protecting the interests of policyholders. It will also act as a nodal agency for ensuring firms are compliant with the regulations or not.
IRDA license grants a certificate to insurance businesses to operate and sell insurance products to policyholders. Insurance Products can be sold to policyholders by online or offline mode.
Why IRDA License is required?
To regulate and monitor the regulation of insurance businesses.
To maintain the balance between policy holders and insurance firms. An Mandatory and Crucial since deals with financial linked products.
To procure IRDA license before starting an insurance business as the Insurance contracts are the contracts that would provide indemnity on the happening of some event, to the policy holders. The regulations cover the plan of operation to procure license of insurance, authorization of insurance products, appointment of insurance intermediary.
TYPES
IRDA provides license for various companies
- Life Insurance business,
- Fire Insurance business,
- Marine Insurance business,
- Burglary Insurance business,
- General Insurance business,
- Reinsurance business,
- Cyber Liability Insurance business, and Professional Indemnity Insurance business.
Who all regulates IRDA License?
Various laws and authorities govern and oversees insurance (IRDA License) and also serve as primary regulatory authority such as-
a) IRDAI – Insurance Regulatory Development Authority of India,
b) Companies Act 2013,
c) IRDA (Registration of Indian Insurance Companies) Regulations 2000 (the registration regulation),
d) IRDAI (Re-insurance) Regulations 2018 (Reinsurance Regulations),
e) Any other relevant regulations required to apply to secure the License.
Eligibility Criteria
IRDA License is not that easy to get and one must fulfil the criteria set for it.
The applicant must ensure that the company or the promoter is compliant with the requirements such as:
i) the capital amount of 100 crores to start an insurance business and 200 crores for reinsurance business,
ii) minimum subscription capital paid-up value of 100 crores for insurance business and 200 crores for reinsurance business,
iii) any form of previous application for starting an insurance business must not have been rejected,
iv) an application to start an insurance business is not rejected in the previous five years,
v) the words insurance company must be there in the business name,
vi) the certificate has not been revoked or cancelled by the IRDAI,
vii) 26% of equity investment shall be held by foreign company or non-resident Indian, if any, and
viii) permission from RBI to start the Insurance business.
Registration Process
A company willing to obtain IRDA license for Insurance business needs to apply in form IRDA/R1.
- Fill up and submit the form to IRDA.
- After acceptance, file a form IRDA/R2 for grant of registration of the company. Only a public limited company registered under the companies act 2013 or 1956 can be considered as an insurance company.
- Different certificates are required for each category of insurance business, for example one certificate for registration for life insurance business and one certificate for general insurance business.
- A statement of class of insurance business proposed to be carried on;
- A statement which clearly mentions the sources contributing to the share capital required.
- Name, address and the occupation of director and principal.
- Any other documents as IRDA deems it necessary.
- With respect to grant of IRDA/R2 to proceed further; following are the requirements.
- All the documents required which contains deposit amount,
- More than 100 crores of paid-up equity capital in case of life insurance business and general insurance business,
- More than 200 crore of paid-up equity capital in case of reinsurance business.
STEP 1
Following documents must be filed along with the applications:
In case applicant is a company incorporated under Companies Act 2013 or Companies Act 1956, a certified copy of MOA and AOA.
Post compliance with form IRDA/R1, the concerned authority would grant certificate of registration in form IRDA/R2.
STEP 2- Checklist of Documents Required for Registration:
Other requirements of information and documents include: -
i. A statement of number of shares issued in respect of share capital of the applicant to each promoter and shareholder.
ii. Payment Receipts of payment, for business clas, of fee of Rs.50,000/- only.
iii. A certified copy of memorandum of understanding (MOU) including detailed support comfort letters exchanged between the parties, made between the foreign promoter or amongst the promoters and the Indian promoter.
iv. A certified copy of published prospectus.
v. An affidavit by the promoters and the principal office certifying about the paid-up capital not being more than 26%.
vi. Affidavit by the promoter and principal officer in regards of the requirements of paid-up share capital being adequate after deposit, registration of the company and preliminary expenses incurred.
vii. A certified copy of the standard forms of the insurer.
viii. A certificate from practicing CS or CA regarding all the requirements of registration fees, share capital, deposits and other documents requisite for the applicant.
ix. A certified copy of the statements of the assured rates, terms and conditions, advantages to be offered in connection with insurance policies and a certificate from the actuary certifying the advantages, rates, terms and conditions are sound of the life insurance business.
x. Fee for each class of business for registration, of Rs.50, 000/-, payable at New Delhi and remitted by bank draft from any scheduled bank in favour of Insurance Regulatory and Development Authority.
xi. Any other documents or information as required by the concerned authority during the process of application for registration.
Final step - Grant of Certificate of Registration to start the insurance business.
After scrutinizing the documents and information provided by the applicant, the authority would grant the certificate form IRDA/R3, if satisfied. The certificate is granted on condition that the business must be commenced within 12 months of this certification and if, for some reason, the applicant believes that it is not possible for him/her to start the business within the prescribed time, it may take an extension from the authority within that 12 month time.