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The Insurance Act, 2005 - Bahamas Financial Services Board

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-42-<br />

(a) in a financial institution approved by<br />

the Commission; and<br />

(b) under an appropriate name in respect of<br />

each class of insurance business<br />

referred to in subsection (1).<br />

(4) Every foreign company carrying on long-term<br />

insurance business in <strong>The</strong> <strong>Bahamas</strong> shall place in trust in<br />

<strong>The</strong> <strong>Bahamas</strong> assets equal to its liability and contingency<br />

reserves with respect to its policyholders in <strong>The</strong> <strong>Bahamas</strong> as<br />

established by the balance sheet of the company as at the<br />

end of its last financial year.<br />

(5) Every foreign company carrying on general<br />

insurance business in <strong>The</strong> <strong>Bahamas</strong> shall place in trust in<br />

<strong>The</strong> <strong>Bahamas</strong> assets equal to its liabilities and reserves<br />

less the amount deposited on account of the business<br />

pursuant to section 43(1) with respect to its policyholders<br />

in <strong>The</strong> <strong>Bahamas</strong> as established by the revenue account of the<br />

company as at the end of its last financial year.<br />

(6) Assets required to be placed in trust<br />

pursuant to subsections (4) and (5) shall be so placed not<br />

more than four months after the end of the financial year to<br />

which the balance sheet or the revenue account, as the case<br />

may be, of the company relates.<br />

(7) For the purposes of computing the liability<br />

referred to in subsections(4) and (5), no account shall be<br />

taken of the liability of the company to its shareholders.<br />

Restric- 46. (1) Subject to subsections (2) and (3), the<br />

tion on use assets representing each statutory fund of a company<br />

of assets shall not be applied directly or indirectly to any class<br />

representing of business other than that in respect of which the fund<br />

statutory was established and is being maintained.<br />

funds. (2) Where the value of the assets mentioned in

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