Regulation and Oversight

The International Association of Insurance Supervisors (IAIS) has approved the Insurance Capital Standard (ICS) for internationally active insurance groups, offering a unified approach to capital adequacy. The US-developed Aggregation Method was also assessed and found to produce comparable results. The ICS will be recommended for adoption at the IAIS December meeting. Read More

The European Commission's Solvency II review will simplify compliance for EU-domiciled captives by introducing the "small and non-complex undertakings" (SNCUs) category. Most captives will qualify, benefiting from eased regulatory requirements and improved proportionality in areas like governance and risk assessments. Read More

FERMA's policy notes on the European Union's Artificial Intelligence (AI) Act and Corporate Sustainability Reporting Directive highlight the key roles of risk managers in compliance, insurance implications, and sustainability reporting. Risk managers are advised to implement AI governance, assess "silent AI" risks, and align risk analysis with sustainability standards under the European Green Deal. Read More

The Internal Revenue Service (IRS) is working to finalize regulations aimed at tightening disclosure requirements for potentially abusive tax transactions, including those involving captive insurance companies using § 831(b) for tax treatment. These new rules are expected to increase compliance scrutiny, which could result in legal challenges as the IRS moves toward finalization. Read More

The Department of Labor proposed its first pension plan exemption for captive insurance, with Memorial Sloan Kettering Cancer Center seeking approval to reinsure a guaranteed annuity contract through its captive insurer. This shift from prior exemptions focused on welfare benefit plans is detailed by Eversheds Sutherland. Read More