Title
Policy on Informal Insurance Activities
Law
Joint Ic-cda-sec Memorandum Circular No. 01-2010
Decision Date
Jan 29, 2010
Entities engaging in insurance activities must secure a Certificate of Authority from the Insurance Commission, with informal insurance providers required to cease unauthorized operations or transition to formal arrangements within specified timeframes to protect the public from unregulated risk schemes.

Applicability to Cooperatives and Non-Profit Organizations

  • Cooperatives registered with the Cooperative Development Authority undertaking insurance activities are bound by the Insurance Code and must obtain a Certificate of Authority.
  • Private entities including non-profit organizations registered with the Securities and Exchange Commission providing insurance products without proper authorization are operating unlawfully.

Protection of Members and Clients from Informal Insurance Schemes

  • Members or clients involved in informal or self-insurance schemes without a Certificate of Authority are exposed to significant risks.
  • The law emphasizes protecting the public from unsafe and unsound informal insurance and risk protection schemes.

Termination of Unauthorized Insurance Activities

  • Entities currently engaging in unauthorized informal insurance activities are required to cease such operations within one year from the circular's effectivity.

Transitional Arrangements with Authorized Insurance Providers

  • During the one-year transition, informal insurance providers may formalize coverage by:
    • Partnering with commercial insurance companies for group or individual policies.
    • Enrolling their members/clients in authorized cooperative insurance providers or mutual benefit associations.

Requirement to Formalize Insurance Providers Within Two Years

  • Informal insurance providers wishing to continue insurance business must organize formally and obtain a Certificate of Authority within two years.
  • Formal organizations may include Life or Non-Life Insurance Companies, Cooperative Insurance Providers, or Mutual Benefit Associations.

Enforcement and Regulatory Cooperation

  • The Insurance Commission, Securities and Exchange Commission, and Cooperative Development Authority will collaborate to:
    • Exchange relevant information.
    • Undertake enforcement actions such as cease and desist orders following due notice and hearing.
    • Ensure compliance with the Insurance Code and other relevant laws.

Repeal of Inconsistent Regulations and Effectivity

  • All previous issuances, circulars, and regulations inconsistent with this Joint Memorandum Circular are repealed.
  • The circular takes effect fifteen days after its publication in a newspaper of general circulation in the Philippines.

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