CORPORATE FINANCE FINANCIAL INSTITUTIONS ENERGY AND INFRASTRUCTURE TRANSPORT TECHNOLOGY Takaful at Lloyd’s Susan Dingwall Partner 2 July 2009.

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Presentation transcript:

CORPORATE FINANCE FINANCIAL INSTITUTIONS ENERGY AND INFRASTRUCTURE TRANSPORT TECHNOLOGY Takaful at Lloyd’s Susan Dingwall Partner 2 July 2009

2 Lloyd’s – a history of innovation Ben Turpin’s eyes

3 Lloyd’s – a history of innovation contd. David Beckham

4 Lloyd’s – a history of innovation contd. Gennaro Pelliccia’s tongue

5 Lloyd’s basic structure Clients Lloyd’s Brokers Members’ Agents Managing Agents Syndicates Individual Names Corporate Names

6 First LinkSyndicate Level Assets (PTFs) Lloyd’s Chain of Security Second LinkMembers Funds at Lloyd’sThird LinkCentral Fund Corporation Assets Subordinated Debt/Securities Callable Layer

7 Premiums Trust Fund Regulatory requirement All premiums are paid into the Fund and all claims and expenses are paid out of it The Fund is held for the benefit of policyholders until such time as a profit or loss is declared Member at Lloyd’s is ultimate beneficiary of his proportionate share of the Fund

8 Premiums Trust Fund contd. In practice, the PTFs of all syndicate members are managed as one fund Managing Agent can pool all open years of account of a syndicate and is entitled to pool assets between syndicates The distributable profit from the syndicate is transferred to the member’s Personal Reserve Fund

9 Funds at Lloyd’s Capital provided to support a member’s underwriting Individual Capital Assessments (“ICAs”) Uplifted ICAs are used to determine a syndicate’s Economic Capital Assessment

10 Central Fund The Central Fund is funded by members’ annual contributions and subordinated debt issued by the Corporation of Lloyd’s These central assets can be supplemented by a “callable layer” of up to 3% of members’ overall premium limits

11 Potential Issues for a takaful model Segregation of funds Distribution of surplus Rating

12 Segregation of funds Premiums Trust Fund Funds at Lloyd’s Central Fund

13 Distribution of surplus/ Funding of deficit Three year accounting Qard al Hassan loan

14 Ratings Market rating A+ (Standard & Poor’s and Fitch Ratings) A (A M Best)

15 Our international practice

16 Presentation 1No individual who is a member, partner, shareholder, employee or consultant of, in or to any constituent part of Norton Rose Group (whether or not such individual is described as a “partner”) accepts or assumes responsibility, or has any liability, to any person in respect of this presentation. 2Any reference to a partner means a member of Norton Rose LLP or a consultant or employee of Norton Rose LLP or one of its affiliates with equivalent standing and qualifications. 3This presentation contains information confidential to Norton Rose Group. Copyright in the materials is owned by Norton Rose Group and the materials should not be copied or disclosed to any other person without the express authorisation of Norton Rose. 4This presentation is not intended to give legal advice and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. Readers must take specific legal advice on any particular matter which concerns them. If you require any advice or information, please speak to your usual contact at Norton Rose Group.

CORPORATE FINANCE FINANCIAL INSTITUTIONS ENERGY AND INFRASTRUCTURE TRANSPORT TECHNOLOGY