Section 95: On site inspection
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
95. On site inspection
(1) Without prejudice to the powers of the Chief Executive under the Financial Services Act, the Chief Executive may, at any time, inspect the affairs or any part of the affairs of a licensee or registered person in order to
verify whether the licensee or registered person, as the case may be, is conducting its business according to sound insurance principles.
(2) For the purpose of carrying out an inspection under subsection (1),
the Chief Executive may appoint as inspector any person, whether or not a
member of staff of the Commission, who is an auditor, actuary or any person of required competence.
(3) An inspection may take place at the head office and any branch offices or any premises where business of the licensee or registered person is
conducted or records are maintained by the licensee, registered person or
any associated party.
(4) For the purpose of the inspection, the inspector may—
(a) request such information and documents in such form and medium, put such questions and require such explanations as the
inspector thinks necessary;
(b) enter any premises used or apparently used by the licensee for
business purposes;
(c) examine, and make copies of or take extracts from documents;
(d) record any information or make copy of any information kept in
electronic form;
(e) seek information, explanation or clarification about any document or information; and
(f) make such request as would assist him in the inspection.
(5) A licensee, registered person or associated party shall, for the purpose of an inspection under this Part, provide the inspector with such facility
and assistance as may be necessary for him to carry out the inspection in an
efficient and effective manner.
(6) Any person who obstructs an inspector in the performance of his duties under this section shall commit an offence and shall, on conviction, be
liable to a fine not exceeding 500,000 rupees and to imprisonment for a term
not exceeding 2 years.
[S. 95 amended by s. 29 of Act 16 of 2007 w.e.f. 28 September 2007.]
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Questions this section answers
- Can the Commission inspect my insurer's offices without warning?