INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY (PREPARATION OF FINANCIAL STATEMENTS AND AUDITOR'S REPORT OF INSURANCE COMPANIES)REGULATIONS, 2000
F.No. IRDA/Reg./8/2000, dated the 14th August, 20001 -In exercise of the powers conferred by Sec.114-A of the Insurance Act, 1938 (4 of 1938), the Authority, in consultation with the Insurance Advisory Committee, hereby makes the following regulations, namely:-
Regulation 1 Short title and commencement
(1) These regulations may be called the Insurance Regulatory and Development Authority (Preparation of Financial Statements and Auditor's Report of Insurance Companies) Regulations, 2000.
(2) They shall come into force from the date1 of their publication in the Official Gazette.
Regulation 2 Definitions
.-(1) In these regulations, unless the context otherwise requires-
(a) "Act" means the Insurance Act, 1938 (4 of 1938);
(b) "Authority" means the Insurance Regulatory and Development Authority established under sub-section (1) of S.3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);
(c) All words and expressions used herein and not defined but defined in the Insurance Act, 1938 (4 of 1938), or in the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), or in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in those Acts.
Regulation 3 Preparation of financial statements, management report and auditor's report
(1) An insurer carrying on life insurance business, after the commencement of these Regulations, shall comply with the requirements of Schedule A.
(2) An insurer carrying on general insurance business, after the commencement of these regulations, shall comply with the requirements of Schedule B :
Provided that this sub-regulation shall apply, mutatis mutandis, to re-insurers, until separate regulations are made.
(3) The report of the auditors on the financial statements of every insurer and re-insurer shall be in conformity with the requirements of Schedule C, or as near as thereto as the circumstances permit.
(4) The Authority may, from time to time, issue separate guidelines in the matter of appointment, continuance or removal of auditors of an insurer or re-insurers, as the case maybe, and such guidelines may include prescriptions regarding qualifications and experience of auditors, their rotation, period of appointment etc.
SCHEDULE A PRINCIPLES OF COMPENSATION
PART I ACCOUNTING PRINCIPLES FOR PREPARATION OF FINANCIAL STATEMENTS PART 2 DISCLOSURES FORMING PART OF FINANCIAL STATEMENTS PART 3 GENERAL INSTRUCTIONS FOR PREPARATION OF FINANCIAL STATEMENTS PART 4 CONTENTS OF MANAGEMENT REPORT PART 5 PREPARATION OF FINANCIAL STATEMENTS
PART 1. Applicability of accounting standards.-Every Balance Sheet, Revenue Account [Policy holders' Account], Receipts and Payments Accounts [Cash Flow statement] and Profit and Loss Account [Shareholders' Account] of an insurer shall be in conformity with the Accounting Standards (AS) issued by the ICAI, to the extent applicable to insurers carrying on life insurance business, except that: (i) Accounting Standard 3 (AS 3) - Cash Flow Statements - Cash Flow Statement shall be prepared only under the Direct Method. (ii) Accounting Standard 17 (AS 17) - Segment Reporting - shall apply irrespective of whether the securities of the insurer are traded publicly or not. 2. Premium.-Premium shall be recognised as income when due. For linked business the due date for payment may be taken as the date when the associated units are created. 3. Premium deficiency.-Premium deficiency shall be recognised if the sum of expected claim costs, related expenses and maintenance costs exceed related unearned premiums. 4. Acquisition costs.-Acquisition costs, if any, shall be expensed in the period in which they are incurred. Acquisition costs are those costs that vary with and are primarily related to the acquisition of new and renewal insurance contracts. The most essential test is the obligatory relationship between costs and the execution of insurance contracts (i.e., commencement of risk). 5. Claims cost.-The ultimate cost of claims shall comprise the policy benefit amount and claims settlement costs, wherever applicable. 6. Actuarial valuation-Liability for Life Policies in force.-The estimation of liability against life policies in force shall be determined by the appointed actuary of the insurer pursuant to his annual investigation of the life insurance business. Actuarial assumptions are to be disclosed by way of notes to the account. The liability shall be so calculated that together with future premium payments and investment income, the insurer can meet all future claims (including bonus entitlements to policy holders) and expenses. 7. Procedure to determine the value of investments.-An insurer shall determine the values of nvestments in the following manner:- (a) Real Estate - Investment Property.-The value of investment property shall be determined at historical cost, subject to revaluation at least once in every three years. The change in the carrying amount of the investment property shall be taken to Revaluation Reserve. The insurer shall assess at each balance sheet date whether any impairment of the investment property has occurred. Gains/losses arising due to changes in the carrying amount of real estate shall be taken to equity under 'Revaluation Reserve'. The 'Profit on sale of investments' or 'Loss on sale of investments', as the case may be, shall include accumulated changes in the carrying amount previously recognised in equity under the heading 'Revaluation Reserve' in respect of a particular property and being recycled to the relevant Revenue Account or Profit and Loss Account on sale of that property. The bases for revaluation shall be disclosed in the notes to accounts. The Authority may issue directions specifying the amount to be released from the revaluation reserve for declaring bonus to the policyholders. For the removal of doubt, it is clarified that except for the amount that is released to policyholders as per the Authority's direction, no other amount shall be distributed to shareholders out of Revaluation Reserve Account. An impairment loss shall be recognised as an expense in the Revenue/ Profit and Loss Account immediately, unless the asset is carried at revalued amount. Any impairment loss of a revalued asset shall be treated as a revaluation decrease of that asset and if the impairment loss exceeds the corresponding revaluation reserve, such excess shall be recognised as an expense in the Revenue/Profit and Loss Account. (b) Debt Securities-Debt securities, including government securities and redeemable preference shares, shall be considered as "held to maturity" securities and shall be measured at historical cost subject to amortisation. (c) Equity Securities and Derivative Instruments that are traded in active markets-Listed equity Securities and derivative instruments that are traded in active markets shall be measured at fair value on the balance sheet date. For the purpose of calculation of fair value, the lowest of the last quoted closing price at the stock exchanges where the securities are listed shall be taken. The insurer shall assess on each balance sheet date whether any impairment of listed equity security(ies)/derivative(s) instruments has occurred. An active market shall mean a market, where the securities traded are homogenous, availability of willing buyers and willing sellers is normal and the prices are publicly available. Unrealised gains/losses arising due to changes in the fair value of listed equity shares and derivative instruments shall be taken to equity under the head 'Fair Value Change Account'. The 'Profit on sale of investments' or 'Loss on sale of investments', as the case may be, shall include accumulated changes in the fair value previously recognised in equity under the heading 'Fair Value Change Account' in respect of a particular security and being recycled to the relevant Revenue Account or Profit and Loss Account on actual sale of that listed security. The Authority may issue directions specifying the amount to be released from the Fair Value Change Account for declaring bonus to the policy holders. For the removal of doubt, it is clarified that except for the amount that is released to policyholders as per the Authority's prescription, no other amount shall be distributed to shareholders out of Fair Value Change Accoun. Also, any debit balance in Pair Value Charge Account shall be reduced from profit/free reserves while declaring dividends. The insurer shall assess, on each balance sheet date, whether any impairment has occurred. An impairment loss shall be recognised as an expense in Revenue/Profit and Loss Account to the extent of the difference between the remeasured fair value of the security/ investment and its acquisition cost is reduced by any previous impairment loss recognised as expense in Revenue/Profit and Loss Account. Any reversal of impairment loss, earlier recognised in Revenue/Profit and Loss Account shall be recognised in Revenue/Profit and Loss Account. (d) Unlisted and other than actively traded Equity Securities and Derivative Instruments-Unlisted equity securities and derivative instruments and listed equity securities and derivative instruments that are not regularly traded in active markets shall be measured at historical cost. Provision shall be made for diminution in value of such investments. The provision so made shall be reversed in subsequent periods if estimates based on external evidence show an increase in the value of the investment over its carrying amount. The increased carrying amount of the investment due to the reversal of the provision shall not exceed the historical cost. For the purposes of this regulation, a security shall be considered as being not actively traded. If its trading volume does not exceed ten thousand units in any trading session during the last twelve months. 8. Loans.-Loans shall be measured at historical cost subject to impairment provisions. The insurer shall assess the quality of its loan assets and shall provide for impairment. The impairment provision shall not be less than the aggregate amount of loans which are subject to defaults of the nature mentioned below: (i) interest remaining unpaid for over a period of six months; and (ii) instalment(s) of loan falling due and remaining unpaid during the last six months. 9. Linked business.-The accounting principles used for valuation of investments are to be consistent with principles enumerated above. A separate set of financial statements, for each segregated fund of the linked business, shall be annexed. Segregated funds represent funds maintained in accounts to meet specific investment objectives of policy holders who bear the investment risk. Investment income/gains and losses generally accrue directly to the policy-holders. The assets of each account are segregated and are not subject to claims that arise out of any other business of the insurer. 10. Funds for future appropriation.-The funds for future appropriation shall be presented separately. The funds for future appropriation represent all funds, the allocation of which, either to the policy-holders or to the shareholders, has not been determined by the end of the financial year.
APPENDIX A(RA) Form A(RA)
APPENDIX A(PL) Form A(PL)
APPENDIX A(BS) Form A(BS)
SCHEDULE 1 Premium
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
Premium from direct business written
Add: Premium on re-insurance accepted
Less: Premium on re-Insurance ceded
Net Premium
Adiustment for changes In Unearned Premium
Adjustment for changes In premium received In advance
Total Premium Earned (Net)
Premium Income from business effected:
In India
Outside India
Total Premium Earned (Net)
Notes: (a) In case of premiums less re-insurance, in respect of any segment of insurance business exceeds 10 per cent. of total premium earned, the same shall be disclosed separately. (b) Re-insurance premiums whether on bustiness ceded or accepted are to be brought into account, before deducting commission, under the head of re-insurance premiums.
SCHEDULE 2 Commission Expenses
Particulars
Current Year
Previous Year
(Rs. -000)
(Rs. -000)
Claims paid
Direct
Add. Re-insurance accepted
Less: Re-insurance Ceded
Net Claims paid
Total Claims Incurred
Claims paid to claimants
In India
Outside India
Total Claims Incurred
Notes: (a) Incurred But Not Reported (IBNR), Incurred But Not Enough Reported (IBNER) claims should be included in the amount for claims. (b) Claims Include claims settlement costs. (c) The surveyor fees, legal and other expenses shall also form part of claims cost. (d) Claims cost should not be adjusted for estimated salvage value if there is a sufficient certainty of its realisation.
SCHEDULE 3 Operating Expenses Related to Insurance Business
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. -000)
Commission Paid
Direct Add: Re-insurance Accepted Less: Commission on Re-insurance ceded
Net Commission
Note: The profit/commission, if any, are to be combined with the Re-insurance accepted or Re-insurance ceded figures.
SCHEDULE 4 Benefits Paid [NET]
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
1.
Employees' remuneration and welfare benefits
2.
Managerial remuneration
3.
Travel, conveyance and vehicle running expenses
4.
Rents, rates and taxes
5.
Repairs
6.
Printing & stationery
7.
Communication
8.
Legal & professional charges
9.
Medical fees
10.
Auditors' fees, expenses etc.
(a) as auditor
(b) as adviser or In any other capacity, in respect of
(i) Taxation matters
(ii) Insurance matters
(iii)Management services; and
(c) in any other capacity.
11.
Advertisement and publicity
12.
Interest & Bank Charges
13.
Others (to be specified)
14.
Depreciation
TOTAL
Notes: (a) Items of expenses in excess of one per cent. of net premium or Rs 5,00,000 whichever is higher, shall be shown as a separate line Item. (b) Under the sub-head "Others", 'Operating Expenses (Insurance Business shall include items like foreign exchange gains or losses and other items.
SCHEDULE 5 Share Capital
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
1.
Authorised Capital
Equity Shares of Rs.....each
2.
Issued Capital
Equity Shares of Rs.....each
3.
Subscribed Capital
Equity Shares of Rs.....each
4.
Called-up Capital
Equity Shares of Rs..... each
5.
Less: Calls unpaid
Add; Equity Shares forfeited (Amount originally paid up)
Less: Preliminary Expenses Expenses including commission or brokerage on Underwriting or subscription of shares.
TOTAL
SCHEDULE 5A Pattern of Shareholding
SCHEDULE-[As certified by the Management]
Shareholder
Current Year
Previous Year
Number of Shares
%of Holding
Number of Shares
%of Holding
Promoters * Indian * Foreign
Others
TOTAL
SCHEDULE 6 Reserves and Surplus
Particulars
Current Year
Previous Year
(Rs. -000)
(Rs. -000)
1.
Capital Reserve
2.
Capital Redemption Reserve
3.
Share Premium
4.
General Reserves Less: Debit Balance in Profit and Loss Account Less: Amount utilized for Buy-back
5.
Catastrophe Reserve
6.
Other Reserves (to be specified)
7.
Balance of Profit In Profit & Loss Account
TOTAL
SCHEDULE 7 Borrowings
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. -000)
1.
Debentures/ Bonds
2.
Fixed Deposits
3.
Banks
4.
Financial Institutions
5.
Other entities carrying on Insurance business
6.
Others (to be specified)
TOTAL
SCHEDULE 8 Investments - Shareholders
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
LONG TERM INVESTMENTS
1.
Government securities and Government guaranteed bonds including Treasury Bills
2.
Other Approved Securities
3.
Other Investments
(a) Shares
(aa) Equity
(bb) Preference
(b) Mutual Funds
(c) Derivative Instruments
(d) Debentures/Bonds
(e) Other Securities (to be specified)
(f) Subsidiaries
(g) Investment Properties-Real Estate
SHORT TERM INVESTMENTS
1.
Government securities and Government guaranteed
bonds Including Treasury Bills
2.
Other Approved Securities
3.
Other Investments
(a) Shares
(aa) Equity
(bb) Preference
(b) Mutual Funds
(c) Derivative Instruments
(d) Debentures/Bonds
(e) Other Securities (to be specified)
(f) Subsidiaries
(g) Investment Properties-Real Estate
TOTAL
INVESTMENTS
1.
In India
2.
Outside India
TOTAL
Notes: (a) Investments in subsidiary/holding companies, joint ventures and associates shall be separately disclosed, at cost. (i) Holding company and subsidiary shall be construed as. Significant Influence may be exercised in several ways, for example, by representation on the board of directors, participation in the policy making process, material intercompany transactions, interchange of managerial defined in the Companies Act, 1956. (ii) Joint Venture is a contractual arrangement whereby two or more parties undertake an economic activity, which is subject to joint control. (iii) Joint control is the contractually agreed sharing of power to govern the financial and operating policies of an economic activity to obtain benefits from it. (iv) Associate is an enterprise in which the company has significant influence and which is neither a subsidiary nor i joint venture, of the company. (v) Significant influence (for the purpose of this schedule) means participation in the financial and operating policy decisions of a company, but not necessarily control of those policies personnel or dependence on technical information. Significant Influence may be gained by share ownership, statute or agreement. As regards share ownership. If an investor holds, directly or indirectly through subsidiaries, 20 per cent. or more of the voting power of the investee it is presumed that the Investor does have significant influence, unless it can be clearly demonstrated that this is not the case. Conversely, if the investor holds, directly or indirectly through subsidiaries, less than 20 per cent. of the voting power of the investee, it is presumed that this investor does not have significant influence, unless such influence is clearly demonstrated. A substantial or majority ownership by investor does not necessarily preclude an investor from having significant influence. (b) Aggregate amount of company's Investments other than listed equity securities and derivative instruments and also the market value thereof shall be disclosed. (c) Investments made out of Catastrophe reserve should be shown separately. (d) Debt securities will be considered as "held to maturity" securities and will be measured at historical cost subject to amortisation. (e) Investment Property means a property [land or building or part of a building or both] held to earn rental income or for capital appreciation or for both, rather than for use in services or for administrative purposes.
SCHEDULE 8A Investments - Policyholders
Particulars
Current Year
Previous Year
(Rs. -000)
(Rs. 000)
LONG TERM INVESTMENTS
1.
Government securities and Government guaranteed bonds Including Treasury Bills
2.
Other Approved Securities
3.
(a) Shares (aa) Less: Equity (bb)Less: Preference (bl Mutual Funds (c) Derivative Instruments (d.) Debentures/Bonds (e) Other Securities (to be specified) (f) Subsidiaries (g) Investment Properties-Real Estate
4.
Investments in Infrastructure and Social Sector
5.
Other than Approved Investments
SHORT TERM INVESTMENTS
1.
Government securities and Government guaranteed bonds Including Treasury Bills
2.
Other Approved Securities
3.
(a) Shares (aa) Less: Equity (bb) Less: Preference (b) Mutual Funds (c) Derivative Instruments (d) Debentures/Bonds (e) Other Securities (to be specified) (f) Subsidiaries (g) Investment Properties-Real Estate
4.
Investments in Infrastructure and Social Sector
5.
Other than Approved Investments
TOTAL
INVESTMENTS
1.
In India
2.
Outside India
TOTAL
Notes (applicable to Schedules 8 and 8-A) (a) Investments in subsidiary/holding companies, joint ventures and associates shall be separately disclosed, at cost. (i) Holding company and subsidiary shall be construed as defined in the Companies Act, 1956; (ii) Joint Venture-is a contractual arrangement whereby two or more parties undertake an economic activity, which is subject to joint control. (iii) Joint control - is the contractually agreed sharing of power to govern the financial and operating policies of an economic activity to obtain benefits from it. (iv) Associate - is an enterprise in which the company has significant influence and which is neither a subsidiary nor a joint venture of the company. (v) Significant influence (for the purpose of this schedule) - means participation in the financial and operating policy decisions of a company, but not control of those policies. Significant Influence may be exercised in several ways, for example by representation of the board of directors, participation in the policy making process, material inter-company transactions, interchange of managerial personnel or dependence on technical information. Significant influence may be gained by share ownership, statute or agreement. As regards share ownership, if an investor holds, directly or indirectly through subsidiaries, 20 per cent. or more of the voting power of the investee, it is presumed that tile Investor does have significant influence, unless it can be clearly demonstrated that this is not the case. Conversely, if the Investor holds, directly or Indirectly through subsidiaries, less than 20 per cent. of the voting power of the Investee, it is presumed that the investor does not have significant influence, unless such influence is clearly demonstrated. A substantial or majority ownership by another investor does not necessarily preclude an investor from having significant influence.
(b) Aggregate amount of company's investments other than listed equity securities and derivative instruments and also the market value thereof shall be disclosed. (g) Investments made out of Catastrophe reserve should be shown separately (h) Debt securities will be considered as "held to maturity" securities and will be measured at historical costs subject to amortisation. (i) Investment Property means a property [land or building or part of a building or both] held to earn rental income or for capital appreciation or for both, than for use in services or for administrative purposes
SCHEDULE 9 Loans
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
1.
SECURITY-WISE CLASSIFICATION
Secured
(a) On mortgage of property (aa) In India (bb) Outside India (b) On Shares, Bonds, Govt. Securities (c) Others (to be specified)
Unsecured
TOTAL
2.
BORROWER-WISE CLASSIFICATION
(a) Central and State Governments
(b) Banks and Financial Institutions
(c) Subsidiaries
(d) Industrial Undertakings
(e) Others (to be specified)
TOTAL
3.
PERFORMANCE-WISE CLASSIFICATION
(a) Loans classified as standard (aa) In India (bb) Outside India (b) Non-performing loans less provisions (aa) In India (bb) Outside India
TOTAL
4.
MATURITY-WISE CLASSIFICATION
(a) Short Term
(b) Long Term
TOTAL
Notes: (a) Short-term loans shall include those, which are repayable within 12 months of the balance sheet date. Long term loans shall be the loans other than short-term loans. (b) Provisions against non-performing loans shall be shown separately. (c) The nature of the security in case of all long term secured loans shall be specified in each case. Secured loans for the purposes of this schedule, means loans secured wholly or partly against an asset of the company. (d) Loans considered doubtful and the amount of provision created against such loans shall be disclosed.
SCHEDULE 10 Fixed Assets
Cost/Gross Block
Net Block
Depreciation
Opening
Additions
Deductions
Closing
Upto
For
On
To
As at
Previous
Last year
the year
sales/adjustments
Date
year end
year
Goodwill
Intangibles (specify)
LandFreehold
Leasehold Property
Buildings
Furniture & Fittings
Information
Technology
Equipment
Vehicles
Office Equipment
Others (Specify nature)
TOTAL
PREVIOUS YEAR
SCHEDULE 11 Cash and Bank Balances
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
1.
Cash (including cheques, drafts and stamps)
2.
Bank Balances
(a) Deposit Accounts
(aa) Less: Short-term (due within 12 months of the date of Balance Sheet)
(bb)Less: Others
(b) Current Accounts
(c) Others (to be specified)
3.
Money at Call and Short Notice
(a) With Banks
(b) With other institutions
4.
Others (to be specified)
TOTAL
Balance with non-scheduled banks included in 2 and 3 above
CASH & BANK BALANCES
1.
In India
2.
Outside India
TOTAL
SCHEDULE 12 Advances and Other Assets
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
ADVANCES
1.
Reserve deposits with ceding companies
2.
Advances to ceding companies
3.
Application money for Investments
4.
Pre-payments
5.
Advances to Officers/Directors
6.
Advance tax paid and taxes deducted at source
7.
Others (to be specified)
TOTAL (A)
OTHER ASSETS
1.
Income accrued on Investments
2.
Outstanding Premiums
3.
Agents' Balances
4.
Foreign Agencies' Balances
5.
Due from other Insurance Entities
6.
Due from subsidiaries/holding
7.
Re-Insurance claims/balances receivable
8.
Deposit with Reserve Bank of India [Pursuant to Sec. 7 ofi{nsurance Act, 19381
9.
Others (to be specified)
TOTAL (B)
TOTAL (A + B)
Notes: (a) The items under the above heads shall not be shown net of provisions for doubtful amounts. The amount of provision against each head should be shown separately. (b) The term 'officer' should conform to the definition of the word 'officer' given under the Companies Act, 1956.
SCHEDULE 13 Current Liabilities
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. '000)
1.
Reserve for Unearned Premium
2.
Agents' Balances
3.
Balances due to other insurance companies
4.
Advances from Treaty Companies
5.
Deposits held on re-insurance ceded
6.
Premiums received in advance
7.
Sundry creditors
8.
Due to subsidiaries/holding company
9.
Claims Outstanding
10.
Due to Officers/Directors
11.
Others (to be specified)
TOTAL
SCHEDULE 14 Provisions
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. -000)
1.
Reserve for Unexpired risk.
2.
For taxation (less advance tax paid and taxes deducted at source)
-
3.
For proposed dividends
4.
For dividend distribution tax
5.
Others (to be specified)
TOTAL
SCHEDULE 15 Miscellaneous Expenditure
SCHEDULE-(To the extent not written off or adjusted)
Particulars
Current Year
Previous Year
(Rs. '000)
(Rs. -000)
1.
Discount Allowed In issue of shares/debentures
2.
Others (To be specified)
TOTAL
Notes: (a) No item shall be included under the head "Miscellaneous Expenditure," and carried forward unless: 1. some benefit from the expenditure can reasonably be expected to be received in future, and 2. the amount of such benefit is reasonably determinable. (b) The amount to be carried forward in respect of any item included under the head "Miscellaneous Expenditure" shall not exceed the expected future revenue/other benefits related to the expenditure.
SCHEDULE B
SCHEDULE (See regulation 3) PART 1 ACCOUNTING PRINCIPLES FOR PREPARATION OF FINANCIAL STATEMENTS
PART 1. Applicability of Accounting Standards.-Every Balance Sheet, Receipts and Payments Account [Cash Flow Statement] and Profit and Loss Account [Shareholders' Account] of the insurer shall be in conformity with the Accounting Standards (AS) issued by the ICAI, to the extent applicable to the insurers carrying on general insurance business, except that: (i) Accounting Standard 3 (AS 3) - Cash Flow Statements - Cash Flow Statement shall be prepared only under the Direct Method. (ii) Accounting Standard 13 (AS 13)-Accounting for Investments, shall not be applicable. (iii) Accounting Standard 17 (AS 17) - Segment Reporting-shall apply irrespective of whether the securities of the Insurer are traded publicly or not. 2. Premium.-Premium shall be recognised as Income over the contract period or the period of risk, whichever is appropriate. Unearned premium as well as premium received In advance, both of which represent premium Income not relating to the current accounting period, shall be disclosed separately In the financial statements. A reserve for Unearned Premium, may be created as the amount representing that part of the premium written which Is attributable and to be allocated to the succeeding accounting periods. Premium Received In Advance, which represents premium received prior to the commencement of the risk, shall be shown separately under the head 'Current Liabilities' in the financial statements. Unearned premium shall be shown separately under the head 'Current Liabilities' and appropriate disclosures regarding management's basis of assessment shall be made in the financial statements. Premium received in advance shall not be included In the unearned premium and shall be shown separately. Premium revenue recognition Is based on the pattern of risk to which the Insurer is exposed. An insurer, based on past experience can reliably estimate the pattern of risk for a particular type of insurance business. Most insurers bring premium revenue to account on the basis of the passage of time. This is generally appropriate where the risk of events occurring that give rise to claims is more or less uniform throughout the policy period subject to any regulatory prescription in this regard. For some classes of insurance, it is usual for the premium to be adjusted as a result of events and information that becomes known during or after the policy period, e.g. marine cargo. Further, in some cases, risk pattern may not be evenly spread over the period of insurance because of the very nature of the risk covered e.g. some infrastructure projects involving varying degrees of risk factor. A deposit premium is paid in such cases at the beginning of the policy period and subsequently adjusted. The basis of determination of premium earned shall be adequately justified, preferably supported by external evidence such as by certification from an actuary and/or other technical experts. Adequate disclosure of such basis shall be made. 3. Premium deficiency.-Premium deficiency shall be recognised if the sum of expected claim costs, related expenses and maintenance costs exceed related unearned premiums. For contracts exceeding four years, once a premium deficiency has occurred, future changes to the liability shall be based on actuarial/technical evaluation. 4. Acquisition costs.-Acquisition costs, if any, shall be expensed in the period in which they are incurred. Acquisition costs are those costs that vary with, and are primarily related to, the acquisition of new and renewal insurance contracts. The most essential test is the obligatory relationship between costs and the execution of insurance contracts (i.e. commencement of risk). 5. Claims.-The components of the ultimate cost of claims to an insurer comprise the claims under policies and claims settlement costs. Claims under policies comprise the claims made for losses incurred, and those estimated or anticipated under the policies. A liability for outstanding claims shall be brought to account in respect of both direct business and inward re-insurance business. The liability shall include:- (a) Future payments in relation to unpaid reported claims; (b) Claims Incurred But Not Reported (IBNR) including inadequate reserves (sometimes referred to as Claims Incurred But Not Enough Reported (IBNER)). which will result In future cash/asset outgo for settling liabilities against those claims. Change in estimated liability represents the difference between the estimated liability for outstanding claims in respect of claims under policies whether due or intimated at the beginning and at the end of the financial period. The accounting estimate shall also include claims cost adjusted for estimated salvage value if there is sufficient degree of certainty of its realisation. Actual valuation of claim liability-In some cases.-Estimate of claims made in respect of contracts exceeding four years shall be recognised on an actuarial basis, subject to regulation that may be prescribed by the Authority. In such cases, certificate from a recognised actuary as to the fairness of liability assessment must be obtained. Actuarial assumptions shall be suitably disclosed by way of notes to the account. Necessary provision for un-expired risk shall be made subject to any minimum, statutorily required. 6. Procedure to determine the value of investments.-An insurer shall determine the values of investments in the following manner:- (a) Real Estate-Investment Property.-Investment property shall be measured at historical cost less accumulated depreciation and impairment loss. residual value being considered zero and no revaluation being permissible. The insurer shall assess at each balance sheet date whether any impairment of the investment property has occurred. An impairment loss shall be recognised as an expense in the Revenue/ Profit and Loss Account immediately. Fair value as at the balance sheet date and the basis of its determination shall be disclosed in the financial statements as additional information. (b) Debt Securities-Debt securities including government securities and redeemable preference shares shall be considered as "held to maturity" securities and shall be measured at historical cost subject to amortisation. (c) Equity Securities and Derivative Instruments that are traded in active markets.-Listed equity securities and derivative instruments that are traded in active markets shall be measured at fair value as at the balance sheet date. For the purpose of calculations of fair value, the lowest of the last quoted closing price of the stock exchanges where the securities are listed shall be taken. The insurer shall assess on each balance sheet date whether any impairment of listed equity security(ies)/derivative(s) instruments has occurred. An active market shall mean a market, where the securities traded are homogenous, availability of willing buyers and willing sellers is normal and the prices are publicly available. Unrealised gains/losses arising due to changes in the fair value of listed equity shares and derivative instruments shall be taken to equity under the head "Fair Value Change Account" and on realisation reported in Profit and Loss Account. The 'Profit on sale of Investments' or 'Loss on sale of investments', as the case may be, shall include accumulated changes in the fair value previously recognised in equity under the heading 'Fair Value Change Account' in respect of a particular security and being recycled to Profit and Loss Account on actual sale of that listed security. For the removal of doubt, it is clarified that balance or any part thereof shall not be available for distribution as dividends. Also, any debit balance in the said Fair Value Change Account shall be reduced from the profits/free reserves while declaring dividends. The insurer shall assess, at each balance sheet date, whether any Impairment has occurred. An impairment loss shall be recognised as an expense in Revenue/Profit and Loss Account to the extent of the difference between the remeasured fair value of the security/ investment and its acquisition cost as reduced by any previous impairment loss recognised as expense in Revenue/Profit and Loss Account. Any reversal of impairment loss, earlier recognised in Revenue/Profit and Loss Account shall be recognised in Revenue/Profit and Loss Account. (d) Unlisted and other than actively traded Equity Securities and Derivative Instruments-Unlisted equity securities and derivative instruments and listed equity securities and derivative instruments that are not regularly traded in active market will be measured at historical costs. Provision shall be made for diminution in value of such investments. The provision so made shall be reversed in subsequent periods if estimates based on external evidence show an increase in the value of the investment over its carrying amount. The increased carrying amount of the investment due to the reversal of the provision shall not exceed the historical cost. For the purposes of this regulation, a security shall be considered as being not actively traded, if its trading volume does not exceed ten thousand units in any trading session during the last twelve months. 7. Loans.-Loans shall be measured at historical cost subject to impairment provisions. The insurer shall assess the quality of its loan assets and shall provide for impairment. The impairment provision shall not be less than the aggregate amount of loans which are subject to defaults of the nature mentioned below:- (i) interest remaining unpaid for over a period of six months; and (ii) instalment(s) of loan falling due and remaining unpaid during the last six months. 8. Catastrophe Reserve.-Catastrophe reserve shall be created in accordance with norms, if any, prescribed by the Authority. Investment of funds out of catastrophe reserve shall be made in accordance with prescription of the Authority. It is clarified that this reserve is towards meeting losses which might arise due to an entirely unexpected set of events and not for any specific known purpose. This reserve is in the nature of an amount set aside for the potential future liability against the insurance policies in force.
PART 2 DISCLOSURES FORMING PART OF FINANCIAL STATEMENTS
PART A. The following shall be disclosed by way of notes to the Balance Sheet: 1. Contingent Liabilities: (a) Partly paid-up investments (b) Underwriting commitments outstanding (c) Claims, other than those under policies, not acknowledged as debts (d) Guarantees given by or on behalf of the company (e) Statutory demands/liabilities in dispute, not provided for (f) Re-insurance obligations (g) Others (to be specified) 2. Encumbrances to assets of the company in and outside India. 3. Commitments made and outstanding for Loans, Investments and Fixed Assets. 4. Claims, less re-insurance, paid to claimants in/outside India. 5. Actuarial assumptions for claim liabilities in the case of policies exceeding four years. 6. Ageing of claims-distinguishing between claims outstanding for more than six months and other claims. 7. Premiums, less re-insurance, written from business in/outside India. 8. Extent of premium income recognised, based on varying risk pattern, category wise, with basis and justification therefor, including whether reliance has been placed on external evidence. 9. Value of contracts in relation to investments, for: (a) Purchases where deliveries are pending; (b) Sales where payments are overdue. 10. Operating expenses relating to insurance business: basis of allocation of expenditure to various classes of business. 11. Historical costs of those investments valued on fair value basis. 12. Computation of managerial remuneration. 13. Basis of amortisation of debt securities. 14. (a) Unrealised gains/losses arising due to changes in the fair value of listed equity shares and derivative instruments are to be taken to equity under the head 'Fair Value Change Account' and on realisation reported in profit and loss account. (b) Pending realisation, the credit balance in the 'Fair Value Change Account' is not available for distribution. 15. Fair value of investment property and the basis therefor. 16. Claims settled and remaining outstanding for a period of more than six months on the balance sheet date. B. The following accounting policies shall form an integral part of the financial statements: 1. All significant accounting policies in terms of the accounting standards issued by the ICAI, and significant principles and policies given in Part I of Accounting Principles. Any other accounting policies followed by the insurer shall be stated in the manner required under Accounting Standard ASI issued by ICAI. 2. Any departure from the accounting policies as aforesaid shall be separately disclosed with reasons for such departure. C. The following information shall also be disclosed: 1. Investments made in accordance with any statutory requirement should be disclosed separately together with its nature, security and any special rights in and outside India. 2. Segregation into performing/non-performing investments for purpose of income recognition as per the directions. If any, issued by the Authority. 3. Percentage of business sector-wise. 4. A summary of financial statements to the last five years, in the manner as may be prescribed by the Authority. 5. Accounting Ratios as may be prescribed by the Authority. 6. Basis of allocation of Interest, Dividends and Rent between Revenue Account and Profit and Loss Account.
PART 3 GENERAL INSTRUCTIONS FOR PREPARATION OF FINANCIAL STATEMENTS
PART 1. The corresponding amounts for the immediately preceding financial year for all items shown in the Balance Sheet, Revenue Account and Profit and Loss Account should be given. 2. The figures in the financial statements may be rounded off to the nearest thousands. 3. Interest, dividends and rentals receivable in connection with an investment should be stated as gross value, the amount of income tax deducted at source being included under "advance taxes paid". 4. Income from rent shall not include any notional rent. 5. (1) For the purposes of financial statements, unless the context otherwise requires,- (a) the expression 'provision' shall, subject to note II below mean any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets, or retained by way of providing for any known liability or loss of which the amount cannot be determined with substantial accuracy; (b) the expression "reserve" shall not, subject to as aforesaid, include any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets or retained by way of providing for any known liability; (c) the expression "capital reserve" shall not include any amount regarded as free for distribution through the profit and loss account; and the expression "revenue reserve" shall mean any reserve other than a capital reserve; (d) The expression "liability" shall include all liabilities in respect of expenditure contracted for and all disputed or contingent liabilities. (II) Where: (a) any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets, or (b) any amount retained by way of providing for any known liability is in excess of the amount which in the opinion of the directors is reasonably necessary for the purpose, the excess shall be treated for the purposes of these accounts as a reserve and not as a provision. 6. The company should make provisions for damages under lawsuits where the management is of the opinion that the award may go against the insurer. 7. Risks assumed in excess of the statutory provisions, if any, shall be separately disclosed indicating the amount of premiums involved and the amount of risks covered. The auditor shall, however, make an appropriate qualification in this regard in his report. 8. Any debit balance of Profit and Loss Account shall be shown as deduction from uncommitted reserves and the balance if any, shall be shown separately.
PART 4 CONTENTS OF MANAGEMENT REPORT
PART There shall be attached to the financial statements, a management report containing, inter alia, the following duly authenticated by the management: 1. Confirmation regarding the continued validity of the registration granted by the Authority; 2. Certification that all the dues payable to the statutory authorities have been duly paid; 3. Confirmation to the effect that the shareholding pattern and any transfer of shares during the year are in accordance with the statutory or regulatory requirements; 4. Declaration that the management has not directly or indirectly invested outside India the funds of the holders of policies issued in India; 5. Confirmation that the required solvency margins have been maintained; 6. Certification to the effect that the values of all the assets have been reviewed on the date of the Balance Sheet and that in his (insurer's) belief the assets set forth in the Balance-sheets are shown in the aggregate at amounts not exceeding their realisable or market value under the several headings-"Loans", "Investments", "Agents balances", "Outstanding Premiums", "Interest, Dividends and Rents outstanding", "Interest, Dividends and Rents accruing but not due". "Amounts due from other persons or Bodies carrying on insurance business", "Sundry Debtors", "Bills Receivable", "Cash" and the several items specified under "Other Accounts"; 7. Certification to the effect that no part of the life insurance fund has been directly or indirectly applied in contravention of the provisions of the Insurance Act, 1938 (4 of 1938) relating to the application and investment of the life insurance funds; 8. Disclosure with regard to the overall risk exposure and strategy adopted to mitigate the same; 9. Operations in other countries, if any, with a separate statement giving the management's estimate of country risk and exposure risk and the hedging strategy adopted; 10. Ageing of claims indicating the trends in average claim settlement time during the preceding five years; 11. Certification to the effect as to how the values, as shown in the balance sheet, of the investments and stocks and shares have been arrived at, and how the market value thereof has been ascertained for the purpose of comparison with the values so shown; 12. Review of asset quality and performance of investment in terms of portfolios, i.e., separately In terms of real estate, loans, investments, etc. 13. A responsibility statement indicating therein that: (i) in the preparation of financial statements, the applicable accounting standards, principles and policies have been followed along with proper explanations relating to material departures, if any; (ii) the management has adopted accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the operating profit or loss and of the profit or loss of the company for the year; (iii) the management has taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the applicable provisions of the Insurance Act, 1938 (4 of 1938)/Companies Act, 1956 (1 of 1956), for safeguarding the assets of the company and for preventing and detecting fraud and other irregularities; (iv) the management has prepared the financial statements on a going concern basis; (v) the management has ensured that an internal audit system commensurate with the size and nature of the business exists and is operating effectively.
PART 5 PREPARATION OF FINANCIAL STATEMENTS
PART (1) An insurer shall prepare the Revenue Account, Profit and Loss Account [Shareholders'Account] and the Balance Sheet in Form B-RA, Form B-PL, and Form B-BS, or as near thereto as the circumstances permit: Provided that an insurer shall prepare Revenue Account separately for fire, marine, and miscellaneous insurance business. (2) An insurer shall prepare separate Receipts and Payments Account in accordance with the Direct Method prescribed in AS 3- "Cash Flow Statement" issued by the ICAI.
APPENDIX B-RA B-RA
APPENDIX B-PL B-PL
APPENDIX B-BL B-BL
SCHEDULE C AUDITOR'S REPORT
SCHEDULE (See regulation 3) The report of the auditors on the financial statements of every insurer shall deal with the matters specified herein: 1. (a) That they have obtained all the information and explanations which, to the best of their knowledge and belief were necessary for the purposes of their audit and whether they have found them satisfactory; (b) Whether proper books of account have been maintained by the insurer so far as appears from an examination of those books; (c) Whether proper returns, audited or unaudited, from branches and other offices have been received and whether they were adequate for the purpose of audit; (d) Whether the Balance Sheet, Revenue Account and Profit and Loss Account dealt with by the report and the Receipts and Payments Account are in agreement with the books of account and returns; (e) Whether the actuarial valuation of liabilities is duly certified by the appointed actuary including to the effect that the assumptions for such valuation are in accordance with the guidelines and norms, if any, issued by the Authority, and/or the Actuarial Society of India in concurrence with the Authority. 2. The auditors shall express their opinion on: (a) (i) Whether the balance sheet gives a true and fair view of the insurer's affairs as at the end of the financial year/period; (ii) Whether the revenue account gives a a true and fair view of the surplus of the deficit for the financial year/period; (iii) Whether the Profit and Loss Account gives a true and fair view of the profit or loss for the financial year/period; (iv) Whether the receipts and payments account gives a true and fair view of the receipts and payments for the financial year/period; (b) The financial statements stated at (a) above are prepared in accordance with the requirements of the Insurance Act, 1938 (4 of 1938), the Insurance Regulatory and Development Act, 1999 (41 of 1999) and the Companies Act, 1956 (1 of 1956), to the extent applicable and in the manner so required. (c) Investments have been valued in accordance with the provisions of the Act and these regulations. (d) The accounting policies selected by the insurer are appropriate and are in compliance with the applicable accounting standards and with the accounting principles, as prescribed in these regulations or any order or direction issued by the Authority in this behalf. 3. The auditors shall further certify that: (a) they have reviewed the management report and there is no apparent mistake or material inconsistencies with the financial statements; (b) the insurer has complied with the terms and conditions of the registration stipulated by the Authority. 4. A certificate signed by the auditors [which shall be in addition to any other certificate or report which is required by law to be given with respect to the balance sheet] certifying that;- (a) they have verified the cash balances and the securities relating to the insurer's loans, reversions and life interests (in the case of life insurers) and investments; (b) to what extent, if any, they have verified the investments and transactions relating to any trusts undertaken by the insurer as trustee; and (c) no part of the assets of the policy holers' funds has been directly or indirectly applied in contravention of the provisions of the Insurance Act, 1938 (4 of 1938) relating to the application and investments of the policy holders' funds. |
