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19th of May 2013

New model for Cayman SPCs

Vicky Beckett 16/07/2012

The Cayman Islands has released a proposal to give segregated portfolio companies (SPCs) the same benefits as incorporated cell companies (ICC) in other domiciles.
 
The proposed incorporated cell company (ICC) legislation is thought to be more robust than ICCs in other domiciles because the model operates within fundamental principles of corporate law.

The Financial Services Legislative Committee (FSLC) and the Insurance Managers Association of Cayman (IMAC) were consulted over the new proposals.

 
Solomon Harris, partner and head of insurance group, and Paul Scrivener, chaired the sub-committee of the FSLC which was tasked with assisting in the Bill’s development.

Paul Scrivener said: "I am very excited about the prospect of this Bill ultimately becoming law and delighted to have been part of the development process.

 
“The Bill is the natural next step in the evolution of the SPC in the insurance sector. It provides a number of new opportunities for the use of SPCs not least because it neatly overcomes the current inability of cells of the same SPC to be able to contract with each other.
 
“If passed into Law, this would be one of the most significant legal developments for Cayman's insurance industry since SPC legislation was first introduced in 1998.”
 
SPCs will be able to incorporate one or more of its segregated portfolios by establishing a ‘Portfolio Insurance Company’ (PIC) under the cell. The PIC can then conduct the relevant insurance business instead of the cell.

PICs will not need to be separately licensed as insurance companies and, unlike traditional SPCs, the PIC will be a separate legal entity.

Under this legislation a PIC can easily transition into a captive. This allows companies to contract with other cells or PICs within the same SPC to facilitate reinsurance, quota sharing and pooling.

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