10 August 2017Analysis

Gibraltar to allow protected cell companies to write third party business

The Gibraltar government has indicated that it will allow Gibraltar licenced protected cell companies (PCCs) third party business in a move intended to open up new opportunities for Gibraltar’s insurance sector.

Third party business has always been permitted under Gibraltar's PCC legislation but regulatory permission for such activity has to date been restricted.

Earlier this year the Gibraltar Financial Services Commission (GFSC) undertook a review and concluded that third party business could be permitted within Gibraltar PCCs provided there are appropriate safeguards in place and applications would be reviewed on a case-by case-basis.

Gibraltar was the first EU jurisdiction to introduce PCC legislation in 2001 and Gibraltar cells have been widely used for both cell captives and fronting cells. Since 2015 Gibraltar’s ILS transactions have also been structured using a PCC cell.

Albert Isola MP, Minister for Commerce, HM Government of Gibraltar said the move followed detailed discussions with a number of insurance businesses and the Gibraltar Financial Services Commission (GFSC).

"I am now pleased to announce that third party business will in future be considered from Gibraltar PCCs. We believe this will open up new opportunities for Gibraltar’s insurance sector in a safe and robust manner," he said.

"Government fully supports the GFSC’s view that cells writing third party business will need particularly close scrutiny and the cell’s assets and reinsurance programme will be crucial in determining if such business can be authorised.

"The approach to new applications will be heavily reliant on the quality of the business plan, the quality of the people and organisations involved and a robust and comprehensive regulatory process. If all these aspects are satisfied then we are confident that Gibraltar PCCs can offer a flexible and secure platform for new third party insurance business."

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