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INSURANCE BUSINESS ACT (FEES) REGULATIONS

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Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

SUBSIDIARY LEGISLATION 403.26

INSURANCE BUSINESS ACT (FEES) REGULATIONS

1st January, 2025

LEGAL NOTICE 368 of 2024, as amended by Legal Notice 303 of

2025.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

The title of these regulations is the Insurance

Business Act (Fees) Regulations.

(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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(regulations 3 to 13)

L.N. 303 of 2025.

Application Fee

Fees falling due in

Fees falling due in

€

€

Undertaking whose

Minimum

Minimum

head office is in Malta

fee

fee

carrying on the business

of insurance and, or

reinsurance

(a) long term business

1,600

15,000

1,800 per

17,000

per

class

class

(b) general business

1,000

10,000

1,200 per

12,000

per

class

class

Third country insurance

Minimum

Minimum

or reinsurance

fee

fee

undertaking carrying on

the business of

insurance and, or

reinsurance

(a) long term business

800 per

8,000

900 per

9,000

class

class

(b) general business

500 per

7,000

600 per

8,000

class

class

Captive insurance or

Minimum

Minimum

reinsurance

fee

fee

undertaking

(a) long term business

800 per

8,000

900 per

9,000

class

class

(b) general business

500 per

7,000

600 per

8,000

class

class

Cell company carrying

Minimum

Minimum

on the business of

fee

fee

insurance and, or

reinsurance

INSURANCE BUSINESS ACT (FEES)

(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

(ii) general business

1,000

10,000

1,200 per

12,000

1,500 per

15,000

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

company carrying on

fee

fee

fee

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

Approved auditor

(a) individual

6,000

(b) audit firm

2,000

4,500

INSURANCE BUSINESS ACT (FEES)

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

Amended by: 

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

In these regulations, unless the context

otherwise requires

"Act" means the Insurance Business Act;

"business of affiliated insurance" shall have the same

meaning as is assigned to it by regulation 15 of the Companies

Act (Cell Companies Carrying on Business of Insurance)

Regulations;

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

the Companies Act (Cell Companies Carrying on Business of

Insurance) Regulations;

"cell company" shall have the same meaning as assigned

to it in the Companies Act (Cell Companies Carrying on

Business of Insurance) Regulations;

"competent authority" means the Malta Financial

Services Authority established by the Malta Financial Services

Authority Act;

"European insurance undertaking" shall have the same

meaning as assigned to it in the European Passport Rights for

Insurance and Reinsurance Undertakings Regulations;

"European regulatory authority" shall have the same

meaning as assigned to it in the European Passport Rights for

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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

L.N. 303 of 2025.

(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

Captive insurance and

9,000

10,500

12,000

reinsurance

undertakings

INSURANCE BUSINESS ACT (FEES)

Cells of cell companies

6,000

7,500

9,000

carrying on exclusively

the business of affiliated

insurance

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

Cell companies and cells

Fees

Fees

Fees

falling due in 2025 falling due in 2026

falling due in 2027

(€)

(€)

and thereafter

(€)

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

INSURANCE BUSINESS ACT (FEES)

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

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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 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

Provided further that where such undertaking intends to

carry on both long term business and general business, only the

highest of the minimum application fees due by such undertaking in

accordance with this sub-regulation shall apply.

(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 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

Provided further that where such undertaking intends to

carry on both long term business and general business, only the

highest of the minimum application fees due by such undertaking in

accordance with this sub-regulation shall apply.

(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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

An undertaking that intends to act as a captive

insurance or reinsurance undertaking in accordance with the

Insurance Business (Captive Insurance Undertaking and Captive

Reinsurance Undertakings) Regulations 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 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

Provided further that where such undertaking intends to

carry on both long term business and general business, only the

highest of the minimum application fees due by such undertaking in

accordance with this sub-regulation shall apply.

(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

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 the first annual supervisory fee shall be

prorated according to the period remaining between the date when an

undertaking is granted authorisation under the Act to act as a captive

insurance or reinsurance undertaking in accordance with the said

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

in accordance with sub-regulation (3).

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) The first annual supervisory fee due in accordance with

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

when an undertaking is granted authorisation under the Act to act as a

captive insurance or reinsurance undertaking in accordance with the

Insurance Business (Captive Insurance Undertaking and Captive

Reinsurance Undertakings) Regulations, and every annual

supervisory fee following the first annual supervisory fee shall be

paid to the competent authority on the 31st January of each calendar

year.

(4)

Repealed by Legal Notice 303 of 2025.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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 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

Provided further that where such company intends to

carry on both long term business and general business, only the

highest of the minimum application fees due by such company in

accordance with this sub-regulation shall apply.

(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 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

Provided further that where such company intends to

carry on both long term business and general business, only the

highest of the minimum application fees due by that company in

accordance with this sub-regulation shall apply.

(3) A cell company approved in accordance with regulation

5 of the Companies Act (Cell Companies Carrying on Business of

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 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

Provided further that where such cell intends to carry on

both long term business and general business, only the highest of the

minimum application fees due by such cell in accordance with this

sub-regulation shall apply.

(4) A cell company approved in accordance with

regulation 5 of the Companies Act (Cell Companies Carrying on

Business of 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

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, with respect

INSURANCE BUSINESS ACT (FEES)

to every such cell

Provided further that such annual supervisory fee shall

vary depending on whether such cell carries on exclusively the

business of affiliated insurance.

(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)

Provided that were a cell as referred to in sub-

regulation (5) carries on exclusively the business of affiliated

insurance, the first annual supervisory fee due in accordance

with the said sub-regulation shall be prorated according to the

period remaining between the date when a cell company has

been granted approval to create that cell in accordance with the

Companies Act (Cell Companies Carrying on the Business of

Insurance) Regulations and the date when the next annual

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

Provided that were a cell as referred to in sub-regulation

(5) carries on exclusively the business of affiliated insurance, the first

annual supervisory fee due in accordance with sub-regulation (6)

shall be paid to the competent authority on the date when a cell

company has been granted approval to create such cell in accordance

with the Companies Act (Cell Companies Carrying on the Business

of Insurance) Regulations, and every annual supervisory fee

following the first annual supervisory fee shall be paid to the

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

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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 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

(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

businessor 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

Provided further that where such company intends to

carry on both long term business and general business, only the

highest of the minimum application fees due by such company in

accordance with this sub-regulation shall apply.

(3) An incorporated cell company that has been granted

approval in accordance with the Companies Act (Incorporated Cell

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 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

Provided further that where such incorporated cell

intends to carry on both long term business and general business,

only the highest of the minimum application fees due by such cell in

accordance with this sub-regulation shall apply.

(4) A company that has been granted approval in

accordance with the Companies Act (Incorporated Cell Companies

Carrying on Business of 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 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 (7), 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

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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

Where an undertaking, a company or a cell as

referred to in regulations 3, 4, 5 or 6 that is authorised to carry on one

(1) or more classes of long term and, or general business falling

under the business of insurance and, or reinsurance intends to

(a)

carry on one (1) or more of the same classes of long

term and, or general business falling under a

different type of business, be it the business of

insurance or reinsurance; and, or

(b)

carry on one (1) or more additional classes of long

term and, or general business, be they falling under

the business of insurance and, or 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 percent (25%)

Provided that in any such case, the minimum application

fees established in the First Schedule shall not apply.

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

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

classes of long term and, or general business falling under the

business of insurance and, or reinsurance intends to cease to carry

on one (1) or more, but not all, such classes under the business of

insurance or reinsurance or, where applicable, under both such

businesses, 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).

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

An undertaking granted authorisation under

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

accordance with article 10(2) of the said Act shall, upon submission

of an 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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

An undertaking whose head office is in Malta

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

Malta in accordance with the Reinsurance Special Purpose 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

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

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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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 Special Purpose Vehicles Regulations or

approval in accordance with the Securitisation Cell Companies

Regulations, as applicable, 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

Regulations or approval in accordance with the Securitisation Cell

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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(1)

A European insurance undertaking that intends

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

European Passport Rights for Insurance and Reinsurance

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

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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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.

Laws of Malta — Subsidiary Legislation 403.26 — INSURANCE BUSINESS ACT (FEES) REGULATIONS

(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.

Amended by: 

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