Thursday, December 12, 2024

India plans to raise FDI limit to 100% in insurance, amend key provisions of 1938 Act

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The finance ministry has proposed amending various provisions of the Insurance Act of 1938, including raising foreign direct investment (FDI) in the insurance sector to 100 per cent, reducing paid-up capital, and providing for composite licences.

The Department of Financial Services (DFS) has sought public comments on the proposed amendments by December 10.

As per the proposal, the FDI limit in Indian insurance companies will be raised from 74 per cent to 100 per cent.

This is the second public consultation that the DFS has sought on the proposed amendments to the Insurance Act 1938, the Life Insurance Corporation Act 1956, and the Insurance Regulatory and Development Authority Act 1999.

In December 2022, the finance ministry invited comments on the proposed amendments to the Insurance Act, 1938, and the Insurance Regulatory Development Act, 1999.

According to an office memorandum dated November 26, 2024, certain provisions of insurance laws are proposed to be amended to ensure the accessibility and affordability of insurance to citizens, foster the expansion and development of the insurance industry, and streamline business processes.

In this regard, a comprehensive review of the legislative framework governing the sector has been done in consultation with the Insurance Regulatory and Development Authority of India (IRDAI) and the industry, it said.

The proposed amendments primarily focus on promoting policyholders’ interests, enhancing their financial security, facilitating entry of more players into the insurance market leading to economic growth and employment generation, the memorandum stated.

Such changes will help enhance efficiencies of the insurance industry, enabling ease of doing business and enhancing insurance penetration to achieve the goal of ‘Insurance for All by 2047’, it said.

“The proposal includes raising the FDI limit in Indian Insurance Companies from 74 per cent to 100 per cent and enabling an insurer to carry on one or more classes of insurance business and activities related/incidental to insurance,” it said.

Further, it said, the requirement of net-owned funds for foreign re-insurers is also proposed to be reduced from ₹5,000 crore to ₹1,000 crore.

“Also, IRDAI is being empowered to specify lower entry capital (not be less than Rs 50 crore), for under served or un-served segments on special case basis,” it said.

The Insurance Act of 1938 provides the legislative framework for insurance in India.

It provides the framework for the functioning of insurance businesses and regulates the relationship between an insurer, its policyholders, shareholders and the regulator — IRDAI.

The entry of more players in the sector would push penetration and result in greater job creation across the country.

Currently, there are 25 life insurance companies and 34 non-life or general insurance firms in India. These include companies like Agriculture Insurance Company of India Ltd and ECGC Ltd.







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