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Insurance Business Act (Fees) Regulations, 2024

18 Articles / Provisions · Malta
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Table of Provisions (18)

Statutory Text (18 Articles)

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 21,366, 24 ta’ Diċembru, 2024

L.N. 368 of 2024

INSURANCE BUSINESS ACT

(CAP. 403)

Insurance Business Act (Fees) Regulations, 2024

IN EXERCISE of the powers conferred by article 64 of the

Insurance Business Act the Minister responsible for the regulation of

Financial Services, after consultation with the Malta Financial

Services Authority, has made the following regulations:-

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

The title of these regulations is the Insurance Citation,

commencement

Business Act (Fees) Regulations, 2024.

and

applicability.

(2) These regulations shall come into force on the 1st January

2025. (3) These regulations shall apply to fees falling due on or after

the coming into force of these regulations.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(regulations 3 to 13)

Application Fee

Fees falling due in

Fees falling due in

Fees falling due in

2027 and thereafter

€

€

€

Undertaking whose

Minimum

Minimum

Minimum

head office is in Malta

fee

fee

fee

carrying on the business

of insurance and, or

reinsurance

(a) long term business

1,600

15,000

1,800 per

17,000

2,000 per

20,000

per

class

class

class

(b) general business

1,000

10,000

1,200 per

12,000

1,500 per

15,000

per

class

class

class

Third country insurance

Minimum

Minimum

Minimum

fee

fee

fee

or reinsurance

undertaking carrying on

the business of

insurance and, or

reinsurance

(a) long term business

800 per

8,000

900 per

9,000

1000 per

10,000

class

class

class

(b) general business

500 per

7,000

600 per

8,000

750 per

9,000

class

class

class

Captive insurance or

Minimum

Minimum

Minimum

reinsurance

fee

fee

fee

undertaking

(a) long term business

800 per

8,000

900 per

9,000

1,000 per

10,000

class

class

class

(b) general business

500 per

7,000

600 per

8,000

750 per

9,000

class

class

class

Cell company carrying

Minimum

Minimum

Minimum

on the business of

fee

fee

fee

insurance and, or

reinsurance

(a) formation of or

conversion into a cell

company

(i) long term business

1,600

15,000

1,800 per

17,000

2,000 per

20,000

per

class

class

class

10,000

1,200 per

12,000

1,500 per

15,000

(ii) general business

1,000

per

class

class

class

(b) creation of a cell

(i) long term business

800 per

5,000

900 per

7,500

1,000 per

10,000

class

class

class

(ii) general business

500 per

4,000

700 per

6,500

900 per

9,000

class

class

class

Incorporated cell

Minimum

Minimum

Minimum

fee

fee

fee

company carrying on

the business of

insurance and, or

reinsurance

(a) formation of an

incorporated cell

company

(i) long term business

1,600

15,000

1,800 per

17,000

2,000 per

20,000

per

class

class

class

(ii) general business

1,000

10,000

1,200 per

12,000

1,500 per

15,000

per

class

class

class

(b) creation of an

incorporated cell

(i) long term business

800 per

5,000

900 per

7,500

1,000 per

10,000

class

class

class

(ii) general business

500 per

4,000

700 per

6,500

900 per

9,000

class

class

class

(c) transformation

from or to an

incorporate cell

company

(i) long term business

1,600

15,000

1,800 per

17,000

2,000 per

20,000

per

class

class

class

(ii) general business

1,000

10,000

1,200 per

12,000

1,500 per

15,000

per

class

class

class

Establishment of a

1,400

branch

Reinsurance special

2,500

2,500

2,500

purpose vehicle

Additional risk

2,500

2,500

2,500

per contract

per contract

per contract

Securitisation cell

company

(a) carrying on business

2,500

2,500

2,500

as a reinsurance special

purpose vehicle

(b) creation of a cell

2,500

2,500

2,500

Transfer of general

Minimum fee

Minimum fee

Minimum fee

business

5,000

7,000

10,000

Transfer of general or

7,000

9,000

12,000

long term business by

an insurance or

reinsurance undertaking

whose head office is in a

country outside Malta

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Insurance Business Act;

"cell" shall have the same meaning as assigned to it in the

Companies Act (Cell Companies Carrying on Business of S.L. 386.10.

Insurance) Regulations;

"cell company" shall have the same meaning as assigned to

it in the Companies Act (Cell Companies Carrying on Business S.L. 386.10.

of Insurance) Regulations;

"competent authority" means the Malta Financial Services

Authority established by the Malta Financial Services Authority Cap. 330.

Act;

"European insurance undertaking" shall have the same

meaning as assigned to it in the European Passport Rights for S.L. 403.14.

Insurance and Reinsurance Undertakings Regulations;

"European regulatory authority" shall have the same

meaning as assigned to it in the European Passport Rights for S.L. 403.14.

Insurance and Reinsurance Undertakings Regulations;

"gross premium" means the premiums of an undertaking

after the deduction of discounts, refunds and rebates of

premiums but before the deduction of premiums for reinsurance

ceded and before the deduction of commissions payable by that

undertaking, as noted in the annual quantitative template

submitted to the competent authority for the preceding year;

"incorporated cell" shall have the same meaning as

assigned to it in the Companies Act (Incorporated Cell

Companies Carrying on Business of Insurance) Regulations;

"incorporated cell company" shall have the same meaning

asassigned to it in the Companies Act (Incorporated Cell

Companies Carrying on Business of Insurance) Regulations;

"reinsurance special purpose vehicle" shall have the same

meaning as assigned to it in the Reinsurance Special Purpose

Vehicles Regulations;

"securitisation cell company" shall have the same meaning

as assigned to it in the Securitisation Cell Companies

Regulations.

(2) Words and expressions used in these regulations which are

also used in the Insurance Business Act or the Companies Act, but

which are not herein defined shall have the same meaning as in the

respective Acts, as applicable.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(regulations 3 to 12)

Annual Supervisory Fee

Fees falling due in

Fees falling due in

Fees falling due in

2027 and thereafter

(€)

(€)

(€)

Reinsurance special

8,000

8,000

8,000

purpose vehicle

(a) Securitisation cell

6,000

6,000

6,000

company

(b) Securitisation cell

3,500

3,500

3,500

Approved auditor

(a) individual

(b) audit firm

2,000

4,500

6,000

Branch

1,000

1,400

Undertakings whose head office is

in Malta carrying on the business

of insurance

Third country insurance or

reinsurance undertakings carrying

on the business of insurance

Captive insurance and reinsurance

Fees

Fees

Fees

undertakings

falling due in 2025 falling due in 2026

falling due in 2027

(€)

(€)

and thereafter

Cell companies and cells

(€)

Incorporated cell companies and

cells

Minimum fee

€4,500

€6,000

€7,500

Gross Premium

Up to and including 1 million

€4,500

€6,000

€7,500

Over €1 million up to and

including €2.5 million

€9,000

€10,500

€12,000

Over €2.5 million up to and

including €3.5 million

€10,500

€12,500

€14,500

Over €3.5 million up to and

including €5 million

€12,500

€14,500

€16,500

Over €5 million up to and

including €7.5 million

€17,000

€20,000

€23,000

Over €7.5 million up to and

including €12 million

€22,000

€26,000

€30,000

Over €12 million up to and

including €25 million

€25,000

€30,000

€35,500

Over €25 million up to and

including €35 million

€32,000

€38,000

€44,000

Over €35 million up to and

including €50 million

€35,000

€41,000

€47,000

Over €50 million up to and

including €70 million

€45,000

€50,000

€55,000

Over €70 million up to and

including €100 million

€47,000

€51,500

€59,000

Over €100 million up to and

including €150 million

€52,000

€61,000

€70,000

Over €150 million

€60,500

€71,000

€81,500

Fees falling due in

Fees falling due in

Fees falling due in

European Insurance Undertakings

2027 and thereafter

(€)

(€)

(€)

Minimum fee

€7,000

€8,000

€8,500

Gross Premium

Up to and including €2.5 million

€7,000

€8,000

€8,500

Over €2.5 million up to and

including €3.5 million

€8,000

€9,000

€9,500

Over €3.5 million up to and

including €5

€9,500

€10,500

€11,500

Over €5 million up to and

including €7.5 million

€12,500

€13,500

€14,500

Over €7.5 million up to and

including €12 million

€14,000

€15,000

€16,000

Over €12 million up to and

including €25 million

€18,000

€19,000

€24,000

Over €25 million

€26,000

€27,000

€28,000

€0.99

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

An undertaking whose head office is in Malta that

intends to carry on the business of insurance and, or reinsurance in or

from Malta or in or from a country outside Malta shall, upon

submission of an application to the competent authority for

authorisation in accordance with article 7 of the Act, pay to the

competent authority an application fee as established in the First

Schedule, as applicable, with respect to such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such undertaking intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(2) An undertaking whose head office is in Malta that has been

authorised under the Act to carry on the business of insurance and, or

reinsurance in or from Malta or, in or from a country outside Malta

shall, subject to the provisions of sub-regulation (4), pay to the

competent authority an annual supervisory fee as established in the

Second Schedule, as applicable

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to an undertaking as referred to in this sub-regulation in

accordance with article 39(3) of the Act, the annual supervisory fee

due by that undertaking in accordance with this sub-regulation

following the date referred to in paragraph (a) of the said article shall

be the minimum annual supervisory fee established in the Second

Schedule, as applicable.

(3) Notwithstanding the provisions of sub-regulation (2), the

first annual supervisory fee due to the competent authority in

accordance with the said sub-regulation shall be the aggregate of the

following

(a)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

remaining between the date when an undertaking as referred to

in sub-regulation (2) is granted authorisation under the Act and

the end of the calendar year in which such authorisation was

granted; and

(b)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

between the start of the following calendar year and the date

when the next supervisory fee is due in accordance with sub-

regulation (4).

(4) The first annual supervisory fee due in accordance with

sub-regulation (3) shall be paid to the competent authority on the date

when an undertaking as referred to in sub-regulation (2) is granted

authorisation under the Act, and every annual supervisory fee

following the first annual supervisory fee which is due in accordance

with sub-regulation (2) shall be paid to the competent authority one

(1) month from the date of submission of the annual quantitative

template as established by law.

(5) A third country insurance or reinsurance undertaking that

intends to carry on the business of insurance and, or reinsurance in or

from Malta shall, upon submission of an application to the competent

authority for authorisation in accordance with article 7 of the Act, pay

to the competent authority an application fee as established in the

First Schedule, as applicable, with respect to such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such undertaking intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(6) A third country insurance or reinsurance undertaking that

has been authorised under the Act to carry on the business of

insurance and, or reinsurance in or from Malta shall, subject to the

provisions of sub-regulation (8), pay to the competent authority an

annual supervisory fee as established in the Second Schedule, as

applicable

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to an undertaking as referred to in this sub-regulation in

accordance with article 39(3) of the Act, the annual supervisory fee

due by that undertaking in accordance with this sub-regulation

following the date referred to in paragraph (a) of the said article shall

be the minimum annual supervisory fee established in the Second

Schedule, as applicable.

(7) Notwithstanding the provisions of sub-regulation (6), the

first annual supervisory fee due to the competent authority in

accordance with the said sub-regulation shall be the aggregate of the

following

(a)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

remaining between the date when an undertaking as referred to

in sub-regulation (6) is granted authorisation under the Act and

the end of the calendar year in which such authorisation was

granted; and

(b)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

between the start of the following calendar year and the date

when the next supervisory fee is due in accordance with sub-

regulation (8).

(8) The first annual supervisory fee due in accordance with

sub-regulation (7) shall be paid to the competent authority on the date

when an undertaking as referred to in sub-regulation (6) is granted

authorisation under the Act, and every annual supervisory fee

following the first annual supervisory fee which is due in accordance

with sub-regulation (6) shall be paid to the competent authority one

(1) month from the date of submission of the annual quantitative

template as established by law.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

An undertaking that intends to act as a captive Fees in relation

insurance or reinsurance undertaking in accordance with the to

insurance and

Insurance Business (Captive Insurance Undertaking and Captive reinsurance

undertakings.

Reinsurance Undertakings) Regulations shall, upon submission of an S.L. 403.11.

application to the competent authority for authorisation in accordance

with article 7 of the Act, pay to the competent authority an

application fee as established in the First Schedule, as applicable,

with respect to such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such undertaking intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(2) An undertaking that has been authorised under the Act to

act as a captive insurance or reinsurance undertaking in accordance

with the Insurance Business (Captive Insurance Undertaking and S.L. 403.11.

Captive Reinsurance Undertakings) Regulations shall, subject to the

provisions of sub-regulation (4), pay to the competent authority an

annual supervisory fee as established in the Second Schedule, as

applicable

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to an undertaking as referred to in this sub-regulation in

accordance with article 39(3) of the Act, the annual supervisory fee

due by that undertaking in accordance with this sub-regulation

following the date referred to in paragraph (a) of the said article shall

be the minimum annual supervisory fee established in the Second

Schedule, as applicable.

(3) Notwithstanding the provisions of sub-regulation (2), the

first annual supervisory fee due to the competent authority in

accordance with the said sub-regulation shall be the aggregate of the

following

(a)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

remaining between the date when an undertaking as referred to

in sub-regulation (2) is granted authorisation under the Act and

the end of the calendar year in which such authorisation was

granted; and

(b)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

between the start of the following calendar year and the date

when the next supervisory fee is due in accordance with sub-

regulation (4).

(4) The first annual supervisory fee due in accordance with

sub-regulation (3) shall be paid to the competent authority on the date

when an undertaking as referred to in sub-regulation (2) is granted

authorisation under the Act, and every annual supervisory fee

following the first annual supervisory fee which is due in accordance

with sub-regulation (2) shall be paid to the competent authority one

(1) month from the date of submission of the annual quantitative

template as established by law.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

A company that is to be formed or constituted as a

cell company to carry on the business of insurance and, or reinsurance

shall, upon submission of an application to the competent authority

for approval in accordance with regulation 6 of the Companies Act

(Cell Companies Carrying on Business of Insurance) Regulations,

pay to the competent authority an application fee as established in the

First Schedule, as applicable, with respect to such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such company intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(2) A company authorised under the Act to carry on the

business of insurance and, or reinsurance that is to be converted into a

cell company shall, upon submission of an application to the

competent authority for approval in accordance with regulation 6 of

the Companies Act (Cell Companies Carrying on Business of

Insurance) Regulations, pay to the competent authority an application

fee as established in the First Schedule, as applicable, with respect to

such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such company intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(3) A cell company approved in accordance with regulation 5

of the Companies Act (Cell Companies Carrying on Business of S.L. 386.10.

Insurance) Regulations that intends to create a new cell shall, upon

submission of an application to the competent authority for approval

in accordance with regulation 6 of the said regulations, pay to the

competent authority an application fee as established in the First

Schedule, as applicable, with respect to such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such cell would be carrying

on shall not be less than the minimum application fee established in the

First Schedule, as applicable, with respect to each such type of

business.

(4) A cell company approved in accordance with regulation

5 of the Companies Act (Cell Companies Carrying on Business of S.L. 386.10.

Insurance) Regulations shall, subject to the provisions of sub-

regulation (7), pay to the competent authority an annual supervisory

fee as established in the Second Schedule, as applicable

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to a cell company as referred to in this sub-regulation in

accordance with article 39(3) of the Act, the annual supervisory fee

due by that cell company in accordance with this sub-regulation

following the date referred to in paragraph (a) of the said article shall

be the minimum annual supervisory fee established in the Second

Schedule, as applicable.

(5) Without prejudice to the provisions of sub-regulation (4), a

cell company as referred to in the said sub-regulation that has been

granted approval to create one (1) or more cells in accordance with

the Companies Act (Cell Companies Carrying on Business of S.L. 386.10.

Insurance) Regulations shall, subject to the provisions of sub-

regulation (6), pay to the competent authority an annual supervisory

fee as established in the Second Schedule, as applicable, with respect

to every such cell

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to a cell company as referred to in this sub-regulation with

respect to a cell in accordance with article 39(3) of the Act, the annual

supervisory fee due by that cell company with respect to such cell in

accordance with this sub-regulation following the date referred to in

paragraph (a) of the said article shall be the minimum annual

supervisory fee established in the Second Schedule, as applicable.

(6) Notwithstanding the provisions of sub-regulations (4) and

(5), the first annual supervisory fee due to the competent authority in

accordance with the said sub-regulations shall be the aggregate of the

following

(a)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

remaining between the date when a cell company is granted

approval in accordance with the Companies Act (Cell

Companies Carrying on Business of Insurance) Regulations

and the end of the calendar year in which such approval was

granted; and

(b)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

between the start of the following calendar year and the date

when the next supervisory fee is due in accordance with sub-

regulation (7).

(7) The first annual supervisory fee due in accordance with

sub-regulation (6) shall be paid to the competent authority on the date

when the cell company is granted approval in accordance with the

Companies Act (Cell Companies Carrying on Business of

Insurance) Regulations, and every annual supervisory fee following

the first annual supervisory fee which is due in accordance with sub-

regulations (4) and (5) shall be paid to the competent authority one

(1) month from the date of submission of the annual quantitative

template as established by law.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

A company that is to be formed or constituted as an

incorporated cell company to carry on the business of insurance and,

or reinsurance shall, upon submission of an application to the

competent authority for approval in accordance with regulation 6 of

the Companies Act (Cell Companies Carrying on Business of

Insurance) Regulations, pay to the competent authority an application

fee as established in the First Schedule, as applicable, with respect to

such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such company intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(2) A company that intends to transform in accordance with

any of the provisions of regulation 22(1) of the Companies Act S.L. 386.13.

(Incorporated Cell Companies Carrying on Business of Insurance)

Regulations shall, upon submission of an application to the competent

authority for approval in accordance with regulation 22(4) of the said

Regulations, pay to the competent authority an application fee as

established in the First Schedule, as applicable, with respect to such

application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such company intends to

carry on shall not be less than the minimum application fee established

in the First Schedule, as applicable, with respect to each such type of

business.

(3) An incorporated cell company that has been granted

approval in accordance with the Companies Act (Incorporated Cell S.L. 386.13.

Companies Carrying on Business of Insurance) Regulations that

intends to create a new incorporated cell shall, upon submission of an

application to the competent authority for approval as required in

accordance with the said regulation, pay to the competent authority an

application fee as established in the First Schedule, as applicable,

with respect to such application

Provided that, in any case, the application fee due in

accordance with this sub-regulation with respect to the long term

business and, or the general business which such incorporated cell

would be carrying on shall not be less than the minimum application

fee established in the First Schedule, as applicable, with respect to each

such type of business.

(4) A company that has been granted approval in accordance

with the Companies Act (Incorporated Cell Companies Carrying on S.L. 386.13.

Business of Insurance) Regulations shall, subject to the provisions

of sub-regulation (6), pay to the competent authority an annual

supervisory fee as established in the Second Schedule, as applicable

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to a company as referred to in this sub-regulation in

accordance with article 39(3) of the Act, the annual supervisory fee

due by that company in accordance with this sub-regulation following

the date referred to in paragraph (a) of the said article shall be the

minimum annual supervisory fee established in the Second Schedule,

as applicable.

(5) Without prejudice to sub-regulation (4), an incorporated

cell company as referred to in sub-regulation (3) that has been granted

approval to create one (1) or more incorporated cells in accordance

with the Companies Act (Incorporated Cell Companies Carrying on

Business of Insurance) Regulations shall, subject to the provisions

of sub-regulation (6), pay to the competent authority an annual

supervisory fee as established in the Second Schedule, as applicable,

with respect to every such cell

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable

Provided further that where the competent authority issues

a permit to an incorporated cell company as referred to in this sub-

regulation with respect to an incorporated cell in accordance with

article 39(3) of the Act, the annual supervisory fee due by that

incorporated cell company with respect to such incorporated cell in

accordance with this sub-regulation following the date referred to in

the provisions of paragraph (a) of the said article shall be the

minimum annual supervisory fee established in the Second Schedule,

as applicable.

(6) Notwithstanding the provisions of sub-regulations (4) and

(5), the first annual supervisory fee due to the competent authority in

accordance with the said sub-regulations shall be the aggregate of the

following

(a)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

remaining between the date when a company is granted

approval in accordance with the Companies Act (Incorporated

Cell Companies Carrying on Business of Insurance)

Regulations and the end of the calendar year in which such

approval was granted; and

(b)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

between the start of the following calendar year and the date

when the next supervisory fee is due in accordance with the

provisions of sub-regulation (7).

(7) The first annual supervisory fee due in accordance with

sub-regulation (6) shall be paid to the competent authority on the date

when the company is granted approval in accordance with the

Companies Act (Incorporated Cell Companies Carrying on S.L. 386.13.

Business of Insurance) Regulations, and every annual supervisory

fee following the first annual supervisory fee which is due in

accordance with sub-regulations (4) and (5) shall be paid to the

competent authority one (1) month from the date of submission of the

annual quantitative template as established by law.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

Where an undertaking or a company as referred to Fee in relation

in regulations 3, 4, 5 or 6 that is authorised to carry on one (1) or to

classes of the

more classes of the business of insurance intends to

business of

insurance and,

or reinsurance.

(a)

carry on any one (1) or more additional classes

under the business of insurance;

(b)

carry on the same classes falling under the business

of reinsurance; and, or

(c)

carry on different classes falling under the business

of reinsurance,

it shall, upon submission of an application to the competent authority

to modify its authorisation accordingly, pay to the competent

authority the application fee established in the said regulations, as

applicable, which application fee shall be reduced by twenty-five per

cent (25%)

Provided that, where paragraphs (a) and, or (b) apply, the

minimum application fees established in the First Schedule, as

applicable, with respect to each type of business of insurance, shall not

apply.

(2) Where an undertaking or a company as referred to in

regulations 3, 4, 5 or 6 that is authorised to carry on one (1) or more

classes of the business of reinsurance intends to

(a)

carry on any one (1) or more additional classes

under the business of reinsurance;

(b)

carry on the same classes falling under the business

of insurance; and, or

(c)

carry on the different classes falling under the

business of insurance,

it shall, upon submission of an application to the competent authority

to modify its authorisation accordingly, pay to the competent

authority the application fee established in the said regulations, as

applicable, which application fee shall be reduced by twenty-five per

cent (25%)

Provided that, where paragraphs (a) and, or (b) apply, the

minimum application fees established in the First Schedule, as

applicable, with respect to each type of business of insurance, shall not

apply.

(3) Where an undertaking or a company as referred to in

regulations 3, 4, 5 or 6 that is authorised to carry on one (1) or more

classes of the business of insurance and, or reinsurance, intends to

stop carrying out any one (1) or more, but not all, such classes of the

business of insurance and, or reinsurance, it shall, upon the

submission of a request to the competent authority to modify its

authorisation accordingly, pay to the competent authority a

modification fee of one thousand euro (€1,000).

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

A person that intends to act as an approved auditor

in accordance with the Insurance Business (Approved Auditor)

Regulations shall, upon submission of an application to the competent

authority for authorisation in accordance with regulation 5 of the said

regulations, pay to the competent authority an application fee as

established in the First Schedule, as applicable, with respect to such

application.

(2) A person that has been authorised under the Act to act as

an approved auditor in accordance with the Insurance Business

(Approved Auditor) Regulations shall, subject to the provisions of

sub-regulation (3), pay to the competent authority an annual

supervisory fee as established in the Second Schedule, as applicable

Provided that the first annual supervisory fee shall be

prorated according to the period remaining between the date when an

approved auditor is granted authorisation in accordance with the said

regulations and the date when the next annual supervisory fee is due

in accordance with sub-regulation (3).

(3) The first annual supervisory fee due in accordance with

sub-regulation (2) shall be paid to the competent authority on the date

when an approved auditor is granted authorisation in accordance with

the Insurance Business (Approved Auditor) Regulations, and every

annual supervisory fee following the first annual supervisory fee

which is due in accordance with the said sub-regulation shall be paid

to the competent authority on the 31st January of each calendar year.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

An undertaking granted authorisation under article Fees in relation

7 of the Act that intends to establish a branch in Malta in accordance to

establishment of

with article 10(2) of the said Act shall, upon submission of an a branch.

application to the competent authority for approval, pay the

competent authority an application fee as established in the First

Schedule, as applicable, with respect to such application.

(2) An undertaking authorised under the Act that has been

granted approval to establish a branch in Malta in accordance with

article 10(2) of the said Act shall, subject to the provisions of sub-

regulation (3), pay to the competent authority an annual supervisory

fee as established in the Second Schedule, as applicable, with respect

to every branch so established

Provided that the first annual supervisory fee shall be

prorated according to the period remaining between the date when the

undertaking is granted approval in accordance with the Act to

establish a branch in Malta and the date when the next annual

supervisory fee is due in accordance with sub-regulation (3).

(3) The first annual supervisory fee due in accordance with

sub-regulation (2) shall be paid to the competent authority on the date

when the undertaking is granted approval in accordance with the Act

to establish a branch in Malta, and every annual supervisory fee

following the first annual supervisory fee which is due in accordance

with the said sub-regulation shall be paid to the competent authority

on the 31st January of each calendar year.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

An undertaking whose head office is in Malta that Fees in relation

intends to act as a reinsurance special purpose vehicle in or from to

special purpose

Malta in accordance with the Reinsurance Special Purpose Vehicles vehicles.

Regulations shall, upon submission of an application to the competent

authority for authorisation in accordance with regulation 8 of the said

Regulations, pay to the competent authority an application fee as

established in the First Schedule, as applicable, with respect to such

application.

(2) Where an undertaking authorised to act as a reinsurance

special purpose vehicle in accordance with the Reinsurance Special S.L. 403.19.

Purpose Vehicles Regulations intends to assume additional risk it

shall, upon submission of an application to the competent authority

for approval in accordance with the provisions of regulation 8(2) of

the said Regulations, pay to the competent authority an application

fee as established in the First Schedule, as applicable, with respect to

such application.

(3) An undertaking authorised to act as a reinsurance special

purpose vehicle in accordance with the Reinsurance Special S.L. 403.19.

Purpose Vehicles Regulations shall, subject to the provisions of sub-

regulation (4), pay to the competent authority an annual supervisory

fee as established in the Second Schedule, as applicable

Provided that the first annual supervisory fee shall be

prorated according to the period remaining between the date when the

undertaking is granted authorisation in accordance with the

Reinsurance Special Purpose Vehicles Regulations and the date

when the next annual supervisory fee is due in accordance with sub-

regulation (4).

(4) The first annual supervisory fee due in accordance with

sub-regulation (3) shall be paid to the competent authority on the date

when the undertaking is granted authorisation in accordance with the

Re-Insurance Special Purpose Vehicles Regulations, and every

annual supervisory fee following the first annual supervisory fee

which is due in accordance with the said sub-regulation shall be paid

to the competent authority on the 31st January of each calendar year.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

A securitisation cell company that intends to carry

on business as a reinsurance special purpose vehicle in or from Malta

in accordance with the Securitisation Cell Companies Regulations

shall, upon submission of an application to the competent authority

for authorisation, pay to the competent authority an application fee as

established in the First Schedule, as applicable, with respect to such

application.

(2) Where a securitisation cell company authorised to carry on

business as a reinsurance special purpose vehicle in accordance with

the Reinsurance Special Purpose Vehicles Regulations intends to

create a cell it shall, upon submission of an application to the

competent authority for approval in accordance with regulation 33 of

the Securitisation Cell Companies Regulations, pay to the competent

authority an application fee as established in the First Schedule, as

applicable, with respect to such application.

(3) A securitisation cell company that has been authorised to

carry on business as a reinsurance special purpose vehicle in

accordance with the Reinsurance Special Purpose Vehicles

Regulations shall, subject to the provisions of sub-regulation (6), pay

to the competent authority an annual supervisory fee as established in

the Second Schedule, as applicable.

(4) Without prejudice to the provisions of sub-regulation (3), a

securitisation cell company as referred in the said sub-regulation that

has created one (1) or more cells in accordance with the

Securitisation Cell Companies Regulations shall, subject to the

provisions of sub-regulation (6), pay to the competent authority an

annual supervisory fee as established in the Second Schedule, as

applicable, with respect to every such cell.

(5) Notwithstanding the provisions of sub-regulations (3) and

(4), the first annual supervisory fee due to the competent authority in

accordance with the said sub-regulations shall be prorated according

to the period remaining between the date when the securitisation cell

company is granted authorisation in accordance with the Reinsurance S.L. 403.1.9

Special Purpose Vehicles Regulations or approval in accordance

with the Securitisation Cell Companies Regulations, as applicable, S.L. 386.16.

and the date when the next annual supervisory fee is due in

accordance with the provisions of sub-regulation (6).

(6) The first annual supervisory fee due in accordance with

sub-regulation (5) shall be paid to the competent authority on the date

when the securitisation cell company is granted authorisation in

accordance with the Reinsurance Special Purpose Vehicles S.L. 403.19.

Regulations or approval in accordance with the Securitisation Cell S.L. 386.16.

Companies Regulations, as applicable, and every annual supervisory

fee following the first annual supervisory fee which is due in

accordance with sub-regulations (3) and (4) shall be paid to the

competent authority on the 31st January of each calendar year.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

A European insurance undertaking that intends to Fees due by

establish a branch in Malta in accordance with regulation 3 of the European

insurance

European Passport Rights for Insurance and Reinsurance undertakings.

Undertakings Regulations shall, upon being notified by the European

regulatory authority of its home Member State in accordance with

Article 146(1) of the Solvency II Directive as transposed in national

law, pay the competent authority a notification fee of one thousand

euro (€1,000).

(2) A European insurance undertaking that has established a

branch in Malta in accordance with regulation 3 of the European S.L. 403.14.

Passport Rights for Insurance and Reinsurance Undertakings

Regulations shall, subject to the provisions of sub-regulation (4), pay

to the competent authority an annual supervisory fee as established in

the Second Schedule, as applicable

Provided that, in any case, the annual supervisory fee shall

not be less than the minimum annual supervisory fee established in

the Second Schedule, as applicable.

(3) Notwithstanding the provisions of sub-regulation (2), the

first annual supervisory fee due to the competent authority in

accordance with the said sub-regulation shall be the aggregate of the

following

(a)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

remaining between the date when the branch of such European

insurance undertaking is established in Malta and may

commence business in accordance with the regulation 3(4) of

the European Passport Rights for Insurance and Reinsurance

Undertakings Regulations, and the end of the calendar year in

which such branch was established; and

(b)

the minimum fee established in the Second

Schedule, as applicable, prorated according to the period

between the start of the following calendar year and the date

when the next supervisory fee is due in accordance with sub-

regulation (4).

(4) The first annual supervisory fee due in accordance with

sub-regulation (3) shall be paid to the competent authority on the date

when the branch of the European insurance undertaking is established

in Malta and may commence business in accordance with regulation

3(4) of the European Passport Rights for Insurance and Reinsurance

Undertakings Regulations, and every annual supervisory fee

following the first annual supervisory fee which is due in accordance

with sub-regulation (2) shall be paid to the competent authority on the

30th June of each calendar year.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

An authorised insurance undertaking that intends to

transfer its general business in accordance with article 33 of the Act

shall, upon submission of an application to the competent authority

for approval in accordance with the said article, pay to the competent

authority an application fee of zero point zero two per cent (0.02%) of

its gross premium or technical provisions for the last financial year,

whichever is the highest

Provided that, in any case, the application fee shall not be

less than the minimum application fee established in the First

Schedule, as applicable.

(2) An insurance or reinsurance undertaking whose head

office is in a country outside Malta that intends to transfer, in whole

or in part, its general business or long term business to an undertaking

authorised under the Act in accordance with article 37A of the Act

shall, upon submission of a notification to the competent authority in

accordance with the said article, pay to the competent authority an

application fee as established in the First Schedule, as applicable.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

The fees established and due in terms of these

regulations shall not be refundable.

(2) Without prejudice to the provisions of regulations 3(3) and

(7), 4(3), 5(6), 6(6), 8(2), 9(2), 10(3) and 11(5), the fees established

and due in terms of these regulations shall not be prorated.

Malta Government Gazette — Legal Notice 2024 368 · Gazzetta tal-Gvern ta’ Malta Nru. 21,366 – 24.12.2024 — Insurance Business Act (Fees) Regulations, 2024

(1)

The Insurance Business (Fees) Regulations are Repeal and

hereby repealed without prejudice to anything done or omitted to saving.

be done thereunder.

(2) These regulations shall not be deemed to affect the liability

in respect of any fees due under the Insurance Business (Fees)

Regulations, prior to the coming into force of these regulations.

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