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Every insurance
company must be registered in the commercial
register and be under the
supervision and control by the Ministry
of Economy and Finance. |
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An Insurance
company can not delegate power of management
, leading and liquidation
role to any person who is condemned
with crime of theft , confidence abuse
, intentionally issue check without
provisions, effecting the state credit,
fraudulent act, hiding things obtained
from illegal acts .
All condemnations for temptations or
the complicity in committing the above
mentioned crimes or all sentences to
imprisonment of at least one year, despite
of whatever crime, shall be the ground
of incapacity. |
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All insurance companies, whether
state-owned, private, or joint-venture
shall be allowed
to operate in the kingdom of Cambodia
only in the form of public liability
company (Anonymous company).
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Insurance
companies can carry out following insurance
classes:
a- Life insurance company which is
required to have registered capital
in riel currency at
least equivalent to 5,000,000,00 (Five
Million) SDR based on exchange rate
on the date of license granting
b- The general insurance company
which is registered to have registered
capital in riels
currency at least equivalent 5,000,000,00
(Five Million) SDR based on the exchange
rate on the date of license granting.
c- Life insurance and general insurance
Company which is required to have
registered
capital in riel currency at least
equivalent to 10,000,000.00 (Ten Million)
SDR based on the exchange rate on
the date of license granting
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The insurance Company as mentioned
below will not be allowed to carry
out insurance
business in the kingdom of Cambodia
if :
a- Not being authorized by the competent
authority.
b- Not being registered for any classes
of insurance as provided in the article
46 of this law.
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Before starting the insurance business,
the licensed insurance Company shall
fulfill the
following formalities as required
by the Ministry of Economy and Finance:
-Provide document or letter being
certified that the deposited of 10
percent of the registered capital
has been put at the National Treasury
of the Kingdom of Cambodia. This be
posit shall be maintained until the
Company cease the business operation
in the kingdom of Cambodia.
-Provide document or letter being
certified that the solvency margin
has been maintained at a recognized
bank in the Kingdom of Cambodia. This
solvency margin shall be defined as
per type of each insurance Company,
but the minimum limit of solvency
shall not be lower than 50 percent
of the registered capital.
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The state control shall be conducted
for an advantage of the insured ,
the applicant and
the beneficiary and for capitalization
as well.
As for the state owned and joint-venture
company holding at least 51%(fifty
one percent) being the state share,
shall have to comply with the law
of the general statute of the public
enterprise.
The private insurance company shall
have comply with the license granted
by the
Ministry of Economy and Finance.
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An insurance agent is a physical
or legal person which receives insurance
commissions
from insurance company and manage
to handle the insurance business on
behalf of the insurance company under
the clearly specified mandate.
An insurance broker is a legal person
which carries out insurance business
for the benefit
to the insured , providing the intermediary
services between the insured and the
insurance company to conclude an insurance
contract and legally collect brokerage
commission.
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The formalities, terms and conditions
for the activities of the insurance
agent and broker
shall be defined by the sub-decree.
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Those who act against the article
36, article 40 or Article 42 of this
Law shall be fined
from Riel150,000.00 (One hundred fifty
thousand Riel) to Riel 1,500,000 (One
million and five hundred thousand
Riel) and imposed to buy insurance
as well.
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Any country act to the article 44
or Article 48 of this Law shall be
fined from Riel
10,000,000(Ten million riel) to Riel
50,000,000 (fifty million riel) and
the license must be revoked.
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Those who act against article 47
of this Law shall be fined from Riel
50,000,000 (Fifty million riels)In
case that these persons still continue
committing this illegal act, they
will be sentenced to imprisonment
from 01 year (one year) to 05 years
(five years)
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Any Persons that carries out business
as specified in article 40 of this
law shall be
required to have insurance from an
insurance company, the deadline of
which is 30 june, 2001after this law
comes into force.
Any Persons that carries out business
as specified in Article 36 and Article
42 of this Law
shall be required to have insurance
from an insurance company and the
deadline of which is 31 December 2001
after this Law com into force.
Legal penalty shall be applied as
specified in article 52 of this law
if the two deadlines as
mentioned above are expired.
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Any regulation contradicts this Law
shall be deemed null and void.
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| Click
here to download Insurance Law » |
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