THE INSURANCE ACT, 1938, PART II, SPECIAL PROVISIONS RELATING TO EXTERNAL COMPANIES

PART II

SPECIAL PROVISIONS RELATING TO EXTERNAL COMPANIES

Power of Government to impose reciprocal disabilities on non-Bangladesh companies62. Where, by the law or practice of any country outside Bangladesh in which an insurer carrying on insurance business in Bangladesh is constituted, incorporated or domiciled, insurance companies incorporated in Bangladesh are required as a condition of carrying on insurance business in that country to comply with any special requirements whether as to the keeping of deposits of assets in that country or otherwise which is not imposed upon insurers of that country under this Act the Government shall, if satisfied of the existence of such special requirement, by notification in the official Gazette, direct that the same requirement, or requirements as similar thereto as may be shall be imposed upon insurers of that country as a condition of carrying on the business of insurance in Bangladesh.

Particulars to be filed by insurers established outside Bangladesh63. Every insurer, having his principal place of business or domicile outside Bangladesh, who establishes a place of business within Bangladesh, or appoints a representative in Bangladesh with the object of obtaining insurance business, shall within three months from the establishment of such place of business or the appointment of such representative, file with the Chief Controller of Insurance-

(a) a certified copy of the charter, statutes, deed of settlement or memorandum and articles or other instrument constituting or defining the constitution of the insurer, and, if the instrument is not written in the English language, a certified translation thereof,

(b) a list of the directors, if the insurer is a company,

(c) the name and address of some one or more persons resident in Bangladesh authorised to accept on behalf of the insurer service of process and any notice required to be served on the insurer, together with a copy of the power of attorney granted to him,

(d) the full address of the principal office of the insurer in Bangladesh,

(e) a statement of the classes of insurance business to be carried on by the insurer, and

(f) a statement verified by an affidavit setting for the special requirements, if any, of the nature specified in section 62 imposed in the country of origin of the insurer on Bangladesh nationals, and, in the event of any alteration being made in the address of the principal office or in the classes of business to be carried on, or in any instrument here referred to, or in the name of any of the persons here referred to, or in the matters specified in clause (f) above, the company shall forthwith furnish to the Chief Controller of Insurance particulars of such alteration.

Books to be kept by insurers established outside Bangladesh64. Every insurer having his principal place of business or domicile outside Bangladesh shall manage its affairs in Bangladesh at his principal office in Bangladesh and shall keep thereat all the records relating to the business of the insurer in Bangladesh including such books of account, registers and documents as will enable him to furnish the accounts, statements and abstracts which he is required under this Act to furnish to the Chief Controller of Insurance in respect of the insurance business transacted by him in Bangladesh.