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Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

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94 The Commission’s powers to intervene(1) The Commission may take any <strong>of</strong> the following actions if it considers it necessary to doso in the interests <strong>of</strong> policyholders or <strong>of</strong> the public generally:(a)(b)(c)(d)(e)issue formal directions to a licensee to do particular things or to stop doingparticular things; andprohibit an insurer from issuing new policies; andrequire an insurer, that it considers to be failing, to transfer its obligations underits policies to another insurer that accepts this transfer; andrequire capital levels to be increased, restrict or suspend dividends or otherpayments to shareholders, restrict asset transfers and restrict an insurer’s purchase<strong>of</strong> its own shares; andrestrict the ownership or activities <strong>of</strong> a licensee’s subsidiary if the Commission is<strong>of</strong> the opinion that the activities jeopardise the financial position <strong>of</strong> the licensee.(2) Failure to comply with a formal direction or requirement <strong>of</strong> the Commission is a groundfor suspending or canceling the licensee’s licence.67

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