54. Validity of contracts 10 15 20 25 30 35 40 45 6 N(). I[J277 Ad N’o 5.3, I 998 (; OVEf7NfvtENT GAZETTE, 23 SEPTEMBER 1998 SHOR’r-TERM INSLIRANCE ACT. 1998 Policyholder protection 55. Protection of policyholders Part VIII Provisions relating to Lloyd’s 56. 57. 58. 59. 60. 61. 62. 63. General Appointment of’ Lloyd’s representative Returns to Registrar Claims against Lloyd’s underwriters Security to be furnished by or on behalf of Lloyd’s underwriters Payment of certain claims against Lloyd’s underwriters [mposi[ion of prohibition on activities of Lloyd’s; underwriters Application of other provisions of Act to Lloyd’s Part IX Offences and penalties 64. 65. 66. Otiences by persons other than short-term insurers Offences by short-term insurers Penalty for failure to furnish Registrar with returns etc. Part X Transitional and general pro} isions Tran.ritiona{ pwvision.s 10 15 20 67. 68. Continued registration of existing insurers Certain existing insurers to cease long-term insur ante business or to separate it from short-term insurance business Gef7eral prmfi.si(ms 69. 70. 71., 72. 73. Special provisions concerning short-term insurers that are not public companies 25 Regulations Savings [nterpretati(m of certain references in existing Iav/s Short title and commencement Schedule 1 Kinds of assets Schedule 2 Method of calculation of value of assets and liabilities Schedule 3 Lloyd’s security Introductory provisions 30 35 Definitions 1. ( I ) [n this Act, unless the context otherwise indicattx— (i) “accident and health policy” means a contract in terms of which a person, in return for ii prerniurn. undertakes to provide pc licy benefits if a— (,1) disability event; 40 n N,,. 19277 Ad No. 53, 1998 (GOVERNMENT GA2XITE, ?3 SEPTEMBER 1998 S}loRT-TERhI INSURANCE ACT, 1998 (ii) (iii) (/)) health event; or ([) death event. contemplated in the contract as a risk, occurs, but excluding any contract— (d) of which the contemplated policy benefi:s— (i) are something other than a stated sum of money; (ii ) are to be provided upon a person having incurred, and to defray, expenditure in respect of any health service obtained as a result of the health event concerned; and (iii) tire to be provided to any provider of a health service in return for the provision of such service; or (e) (i) of which the policyholder is a medical scheme registered under the Medical Schemes Act. 1967 (Act No. 72 of 1967); (ii) which relates to a particular member of the scheme or to the beneficiaries of such member; and (iii) which is entered into by the scheme to fund in whole or in part its liability to such member or beneficiaries in terms of its rules; 5 0 5 and includes a reinsurance policy in respect (If such a policy; (xxxiv) “Advisory Committee” means the Advisory Committee on Short-term Insurance established by secti(m 6; (ii) reinsurance policy” means any proportional “approved reinsurance policy in terms of which the reinsurer is liable for the liabilities of a short-term insurer under short-term policies and any non-proportional short-term reinsurance policy which remains in force until the liabilities under short-term policies huve expired, entered into by the short-term insurer with— (o) another short-term insurer, it’ the policy benefits under that short-term 25 short-term 20 rcinsurance policy are to be provided in the Republic; (h) an insurer by virtue of section 2 of the Export Credit and Foreign Investnlents Re-insurance Act, 1957 (Act No. 78 of 1957); (c) Lloyd’s underwriters in accordance with Part VIII: or (d) an insurer under a reinsurance policy ill terms of which the reinsurer 30 furnishes security in the form of- (i) money in the Republic with the shl)rt-term insurer by which such reinsurwce was entered into and o ~ which the short-term insurer has a prior charge and lien; or (ii) an irrevocable guar:intee or a letter of credit issued by a bank and in 35 the form prescribed by the Registrar, against losses which may be occasi(med thy the failure of the reinsurer to discharge its obligations under the said policy or by the termination of such policy for any reason; (xii) (iv) (v) (vi) (vii) (viii) (ix) (x) “auditor’” means an auditor registered in terms of the Public Accountants’ and 40 Auditors’ Act. 1991 (Act No. 80 of 199 I ), and appointed in terms of section 19( 1 ) or 20(l) of this Act; (xxxvi) “bank” nleans a bank registered otherwise th;i.n provisionally in terms of the Banks Act. 1990 (Act No. 24 of 1990); (iii) ‘6 Board” means the Financial Services Board established by section 2 of the 45 Financial Services Board Act; (xliii) “Companies Act” mums the Companies Act, 1973 (Act No, 61 of 1973): (xxviii) “company” means a company incorporated in accordance with. and registered under. the Companies Act. or deemed to have been so incorporated 50 and registered; (xxvii) “Court” means the High Court of South Africa: (xiv) “death event” me:im the event of the life of a person or an unborn having ended: (vi) 10 No 19277 Act No. 53, 1998 GOVERNMENT GAZETTE, 23 SE~EMBER 1998 SHORT-TERM INSUR,\NCE ACT, 1998 (xi) (xii) (xiii) “director” includes a person who is a member or alternate member of a body performing, in relation to an entity that is not a company, functions similar to those performed by a board of directors in relation to a company; (v) “disability event” means the event of the functional ability of the mind or body of a person or an unborn becoming impaired; (xxxiii) “engineering policy” means a contract in terms of which a person, in return for a premium, undertakes to provide policy benefits if an event contemplated in the contract as a risk relating to- (u) the possession, use or ownership of machinery or equipment, other than a motor vehicle, in the carrying on of a business; (b) the erection of buildings or other structures or the undertaking of other (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) works; or (c) the installation of machinery or equipment, occurs; and includes a reinsurance policy in respect of such a policy; (xvi) “Financial Services Board Act” means the Financial Services Board Act, 1990 (Act No. 97 of 1990); (Ii) “guarantee policy” means a contract in terms of which a person, other than a bank, in return for a premium, undertakes (o provide policy benefits if an event, contemplated in the policy as a risk relating to the failure of a person to discharge an obligation, occurs; and includes a reinsurance policy in respect of such a policy; (ix) “health event” means an event relating to the health of the mind or body of a person or an unborn; (xi) “holding company” means a holding company as defined in section 1 of the Companies Act; (xv) “independent intermediary” means a person, other than a representative, who renders services as intermediary and includes a Lloyd’s correspondent; (xxxi) “liability policy” means a contract in terms cf which a person, in return for a premium, undertakes to provide policy benetits if an event, contemplated in the contract as a risk relating to the incurring of a liability, otherwise than as part of a policy relating to a risk more specifically contemplated in another definition in this section, occurs; and include!; a reinsurance policy in respect of such a policy; (i) “Lloyd’s” means the association of persor,s generally known as Lloyd’s which is incorporated by the Lloyd’s Act of 1X7 1 (34 Vlct. c21 ), passed by the Parliament of the United Kingdom of Great Britain and Northern Ireland; (xxii) “Lloyd’s broker” means a person permitted by the Lloyd’s Council to perform acts as a broker at Lloyd’s; (xxiv) “Lloyd’s correspondent” means a person who is approved by Lloyd’s and authorised by a Lloyd’s broker or Lloyd’s undmvnter to act in the Republic as an agent for or on behalf of such broker or underwriter; (xxiii) “Lloyd’s representative” means the person referred to in section 57; (xxvi) “Lloyd’s underwriter” means an underwriting member of Lloyd’s; (xxv) “long-term insurer” means a person registert d or deemed to be registered as a long-term insurer under the Long-term Insurance Act, 1998; (xxi) “managing executive” means the chief executive officer of a short-term insurer or a manager of that short-term insurer who reports directly to that chief executive officer; (xlvii) “Minister” means the Minister of Finance or any other Minister to whom the administration of this Act may be assigned fram time to time; (xxix) “miscellaneous policy” means a contract in terms of which a person, in return for a premium, undertakes to provide policy benefits if an event, contemplated in the contract as a risk relating to any matter not otherwise defined in this section, occurs; and includes a reinsurance pclicy in respect of such a policy; (x) 5 10 15 20 25 30 35 40 45 50 55 !2 N(). 1°277 ,ict NO. 53. 1998 [; OVERN:LIENT GAZETTE, 2.3 SEPTEMBER 1998 Sl[ORT-TERhf [NSURl\NCE ACT. 1998 (xxix) (xxx) (xxxi) (xxxii) (xxxiii) (xxxiv) (xxXv) (xxxvi) (xxxVii) (xXxviii) (xxxix) (xl) (xIi) (xIii) “motor policy” means a contract in terms of which a person, in return for a premium, undertakes to provide policy benelits if an event, contemplated in the contract as a risk relating to the possession, use or ownership of a motor vehicle, occurs; and includes a reinsurance pcllicy in respect of such a policy; (xxx) “personal lines business” means short-term insurance business in respect of which the policyholder is a natural person; (xxxix) “policy benefits” means one or more sums of money, other than an annuity, or services or other benefits; (xii) “policyholder” means the person entitled to be provided with the policy benefits under a short-term policy; (xxxviii) “premium” means the consideration given ~~r to be given in return for an undertaking to provide policy benefits; (xl) “prescribe’” means to determine from time to rime by notice in the Gazette;(l) “property policy” means a contract in terms of which a person, in return for a premium, undertakes to provide policy benefits if an event, contemplated in the contract as a risk other than a risk more specifically contemplated in another definition in this section relating to the use, ownership, loss of or damage to movable or immovable property occurs: and includes a reinsurance policy in respect of such a policy; (vii) “proportional reinsurance” means the reinsurance of a part of a liability under a short-term policy, where premiums are sb; ired in the same proportion as losses between the reinsurer and the short-term insurer; (xii ) “Public Accountants’ and Auditors’ Act” means the Public Accountants’ and Auditors’ Act, 1991 (Act No. 80 of 1991 ); (Iii) “public company” means a company with a share capital which is a public company under the Companies Act; (xiii) “Registrar” means tbe Registrar of Short-term Insurance referred to in section 2(l); (xliv) “regulation” means a regulation under section 70; (xIv) “repealed Act” means the Insurance Act, 1943 (Act No. 27 of 1943); (xiii) “representative” means a person employed —(a) by or working for a short-terrn insurer and receiving or entitled to receive remuneration: and (b) for the purpose of rendering services as intermediary in relation to short-term policies entered into or to be entered into by the short-term insurer only; (xlviii) “risk” means a possibility that a particular event may occur during the period for which a short-term policy is operative; (xlvi) “services as intermediary” means any act performed by a person— (a) tbe result of which is that another person will or does or offers to enter (xliii) (xlliv) into, vary or renew a short-term policy; ~m (b) with a view to— (i) maintaining, servicing or otherwise dealing with; (ii) collecting or accounting for premiums payable under; or (iii) receiving, submitting or processing claims under, a short-term policy; (iv) (xIv) (xlvi) (xlvii) (xlviii) (xlix) ([) insurance business” means the business of providing or “short-term undertaking to provide policy benefits under short-term policies; (xx) “short-term insurer” means a person registered or deemed to be registered as a short-term insurer under this Act: (xix) “short-term policy” means an engineering policy, guarantee policy, liability policy, miscellaneous policy, motor policy, accident and health policy, property policy or tr-mspor-tation policy or a contract comprising a combina- tion of any of those policies; and includes a contract whereby any such contract is renewed or varied; (xviii) “short-term reinsurance policy” means a reirlsutance policy in respect of a short-term policy; (xvii) “subsidiary” means a company which, in terms of section 1(3) of the Companies Act, is deemed to be a subsidiary .:ornpany; (viii) “survival benefit” means a policy benetit which is to be provided in the event of the life of a person or an unborn continu ng or having continued for a period; (xxxv) 5 1 () 15 20 25 30 35 40 45 50 55 60 1-l N(). 19277 ,ict No. 53, 19911 GOVE I-? N}4ENT GAZETTE, 23 SEPTEMBER 1998 SHORT-’rERM INSURANCE ACT, 1998 (Ii) (Iii) “transportation policy” means a contract in terms of which a person, in return for a premium, undertakes to provide policy benefits if an event, contemplated in the contract as a risk relating to the possession, use or ownership of a vessel, aircraft or other craft or for the conveyance of persons or goods by air, space, land or water, or to the stumge, treatment or handling of goods so conveyed or to be so conveyed, occurs; and includes a reinsurance policy in respect of such a policy; (xlix) “unborn” means a human foetus conceived but not born. (xxxii) (2) For the purposes of entering into a short-term policy the life of an unborn shall be deemed to begin at conception. Part I Administration of Act Registrar of Short-term Insurance 2. ( 1 ) There shall be a Registrar of Short-term lnsumrrce with the powers and duties conferred on or assigned to the Registrar by or under tb is Act or any other law. (2) The executive officer of the Board shall be the Rrgistrar. (3) The powers and duties of the Registrar maybe exercised and shall be carried out- (a) personally by the Registrar; (b) by another member of the executive of the Board authorised thereto by the Registmr or, in the Registrar’s absence for anv reason, the Board; or (c) by any person who has been appointed by the Board for that purpose and who htis been authorised to do so under his or her control by the Registrar, or by the member referred to in paragraph (b), to the extent and subject to the conditions determined, either generally or in any particular case, in that authorisation. (4) Any decision or action taken by a person referred to in subsection (3)(b) or (c) in tbe exercise of any power or carrying out of any duty of the Registrar shall, for the purposes of this Act or any other law, be deemed to ha%e been taken by the Registrar. General provisions concerning Registrar 3.( 1 ) An approval of, or a determination or decision by, or a notice to be given by or to, the Registrar, shall, without derogating from legal rules on the making known or publication thereof, be valid only if it is in writing. (2) Whenever the approval of, or a determination or decision by, or the performance of any other act by the Registrar, is sought by a person under this Act or any other law, application therefor shall be made in writing to the Regiswar and the application shall— (~f) be made in the form tbe Registrar requires; and (h) be accompanied by— (i) the fees prescribed by the Registrar; and (ii) the information or documents which the Registrar requires. (3) If a person with an interest in the matter is aggrieved by a determination made, decision taken or act performed in the exercise or carrying out of the powers or duties of the Registrar, that person may appeal to the board of appeal established by section 26 of the Financial Services Board Act, with the necessary changes, in accordance with that section. (4) A person may, upon payment of the fees prescribed by the Registrar, inspect only those documents prescribed by the Registrar, after consultation with the Advisory Committee, which are held by the Registrar under this .Act in relation to a short-term insurer, Lloyd’s or an intermediary, or obtain a copy of or extract from any such document. (5) A document which purports to be certified by the Registrar as a document held in the Registrar’s office or to be a copy of such a document. shall be prima facie proof of the content of such a document or copy, and shall be iidmissible in evidence in any proceedings. 5 10 15 20 25 30 35 40 45 50 I 6 N(). 19277 Ad No. S3, 1998 GOVERN WENT GAZETTE. 23 SEPTEMBER 1998 SHORT-TERM INSLJR)INCE ACT, 1998 Special provisions concerning Registrar and his or her powers 4. ( 1 ) When anything is required or permitted to b> done under this Act within a particular period, the Registrar may, before the expiry of that period, extend it. (2) The Registrar may by notice direct a short-term insurer to furnish the Registrar, within a specified period, with specified information or documents required by the Registrar for the purposes of this Act. (3) If any advertisement, brochure or similar document which relates to the business of a short-term insurer, or to a short-term policy, and which is being, or is to be, published by a person, is misleading or contrary to th{~ public interest m contains an incorrect statement of fact, the Registrar may by notice direct that person not to publish it or to cease publishing it or to effect the changes to it which the Registrar deems fit. (4) If the Registrar has reason to believe that a person is contravening or failing to comply with a provision of this Act, the Registrar may by notice direct that person or any other person to— (a) furnish the Registrar within a specified period with any specified information or documents in the possession or under the control of that person which relate to the matter; (b) appear before the Registrar at a specified time :md place in connection with the 5 10 15 matter. (5) (a) If a person contravened or is contravening section 7(1)(a) of this Act, the 20 Registrar may— (i) by notice direct that person to make arrangements satisfactory to the Registrar to discharge all or any part of the obligations under short-term policies already entered into by that person; or (ii) apply to the Court for the sequestmtion or liquidation of that person, whether 25 he, she or it is solvent or not, in accordance with— (au) the Insolvency Act, 1936 (Act No. 24 of 1936): (M) the Companies Act; (cc) the Close Corporations Act, 1984 (Act No. 69 of 1984); or (old) the law under which that person is incorporated, as the case may be. 30 (b) In deciding an application contemplated in paragraph (a)(ii), the Court— (i) may take into account whether the sequestration or liquidation of the person concerned would be in the interests of the policyholders concerned; (ii) may make an order concerning the manner in which claims maybe proven by 35 policyholders; and (iii) shall (if necessary) appoint as trustee or liquidator a person nominated by the Registrdr. (6) Notwithstanding anything to the contrary in any law or the common law contdined, but subject to the provisions thereof relating to jurisdiction, procedure and evidence in relation to a Court, the Registrar shall have a right of appearance to institute and conduct any proceedings in a Court if it is reasonably necessary— (a) to discharge any duty or responsibility assigned to the Registrar by this Act: (b) to compel any person to comply with or to cease contravening this Act; (c) to compel any person to comply with a lawful request, directive or instruction 40 45 made, issued or given by the Registrar under this Act; (d) to obtain a declaratory order on any point of law relating to this Act or to short-term insurance business generally; or (e) in connection with any matter relating to short-term insurance business generally where the Registrar considers it to be in the public interest, 50 subject to such additional procedural requirements as the Court may order in each case so as to ensure fair and equitable judicial process. 18 N(). 19277 Act No. 53, 1998 GOVERN MENT GAZETTE, 23 SEPTEMBER 199X Sf~ORT-TERM INSURANCE ACT, 1998 (7) The Registrar may— ((1) (b) det;rmine th~t a policy or policies shall fo-m part of a particular class of policies defined in section I of this Act or in section 1 of the Long-term insurance Act, 1997, if a short-term insurer has not classified that policy or policies correctly into the appropriate cla:is, and when the Registrar so 5 determines, the policy or policies concerned shall be deemed to form part of the class of policies so determined for the purposes of, and subject to, the provisions of the said Act relating to that class of policies; or upon application of a short-term insurer, determine that a policy or policies fomling part of any class of policies defined in section 1 of this Act or in section 1 of the Long-term Insurance Act, 1997, shall form part of a different class of policies defined in the said section 1 of this Act, and when the Registrar so determines, that policy or polic [es shall for the purposes of this Act, be deemed to form part of the class of policies so determined and it or they shall be subject to all the— (i) provisions of this Act relating to that elms of policies; and (ii) conditions determined by the Registrar: 15 10 Provided that the Registrar shall not make a determination under this subsection if the Registrar is satisfied that the determination will be prejudicial to any person or will defeat any object of this Act. 20 Annual report 5. ( 1 ) The Registrar shall submit to the Minister a report on the Registrar’s activities under this Act during each year ending 31 December, and shall furnish any additional information relating to anything done by the Registrar under this Act that the Minister may require. (2) A copy of the report submitted to the Minister in terms of subsection (1) shall be tabled in Parliament within 30 days after receipt of th~ report if Parliament is then in session or, if Parliament is not then in session, within 30 days after the commencement of its next ensuing session. Advisory Committee on Short-term Insurance 6. ( 1 ) There shall bean Advisory Committee on Short-term Insurance which may on its own initiative, or shall at the request of the Minisl er or Registrar, investigate and report or advise concerning any matter relating to shore-term insurance. (2) The Advisory Committee shall consist of a c}~airperson and other members, appointed by the Minister after consultation with the Eoard. (3) A member of the Advisory Committee shall hold office for the period determined by the Minister when the appointment is made. (4) A member of the Advisory Committee who is nol in the full-time employment of the State or the Board shall be paid the remuneration and allowances in respect of any expenses incurred in the performance of the functions of the Advisory Committee, determined by the Board. (5) The Advisory Committee may meet or otherwise arrange for the performance of its functions, and may regulate its meetings as it thinks fit, after consultation with the Board. (6) The expenditure connected with the functions of the Advisory Committee shall be paid out of the funds of the Board. whose approval shall be required for all expenditure proposed to be incurred, or actually incurred, by the Advisory Committee. (7) The Advisory Committee shall have the powers and carry out the duties conferred on or assigned to it by or under this Act. 25 30 35 40 45 20 N,) 19277 Act No. 53, 1998 GOVERNMENT GAZETTE, 23 SEPTEMBER 1998 SHORT-TERM INS(J RANCE ACT, 1998 Part II Registration of short-term insurers Registration required in order to carry on short-term insurance business 7.( 1 ) No person shall carry on any kind of short-term insurance business, unless that person— (u) is registered or deemed to be registered as a short-term insurer, and is authorised to carry on the kind of short-term insurance business concerned, under this Act; or (b) is authorised under section 56 to do so, and carries on that business in accordance with this Act. (2) Subsection (1) shall not atmly to— (fr) (b) (c) (d) (e) (f) (g) f (h) a pension” fund organ~~a~on registered under the Pension Funds Act, 1956 (Act NCJ. 24 of 1956), or exempted under section 2(3)(a) of that Act from the requirement to be so registered, if and in so far as it acts in accordance with that Act; a friendly society registered under the Friendly Societies Act, 1956 (Act No. 25 of 1956), or exempted under section 3(2) of that Act from the requirement to be so registered, if and in so far as it dnters into short-term policies in respect of any of which the value of the policy benefits to be provided, does not exceed R5 000 per member m another maximum amount prescribed by the Minister; a fund established in terms of an agreement referred to in section 23 of the Labour Relations Act, i 995 (Act No. 66 of 1995), if and in so far as it acts in accordance with the provisions of such agreement; a medical scheme registered under the Medical Schemes Act, 1967 (Act No. 72 of 1967), if and in so far as it acts in accordance with that Act; a long-term insurer, if and in so far as it enters into a long-term poiicy which it is entitied to enter into by virtue of its registration as a long-term insurer; an agricultural co-operative or speciai fa;mers’ co-operative formed and incorporated under the Co-operatives Act, 1981 (Act No. 91 of 1981), if and in so far as it provides, under a scheme or arrangement in terms of its statutes, benetits the amount of which is not guaranteed and in respect of which its liability is limited to the amount standing to the credit of a fund specially maintained for that purpose; the unemployment insurance fund established by the Unemployment Insur- ance Act, 1966 (Act No. 30 of 1966), if and in so far as it acts in accordance with that Act; or the Land and Agricultural Bank of South Attica referred to in section 3 of the Land Bank Act, 1944 (Act No. 13 of 1944), if and in so far as it acts in accordance with that Act. (3) For the purposes of this section a person shall, in the absence of evidence to the contrary, be deemed to be carrying on short-term insurance business in the Republic if that person performs any act in the Repubiic— (u) the object or result of which is that another person wili enter into or enters into, or offers to enter into, renew or vary a short-term policy, other than a short-term reinsurance policy, in terms of ‘which the first-mentioned person undertakes to provide policy benefits to the other person; or (h) in relation to a short-term policy, other than ii short-term reinsurance policy, in terms of which that person has undertaken to provide policy benefits, and which act is aimed at— (i) maintaining, servicing or otherwise de.iling with the short-term policy; (ii ) collecting or accounting for premiums payable under the short-term policy; or (iii) receiving or submitting of, or assistir g or otherwise dealing with the settlement of, a claim under the short- lerrn policy. 5 10 15 20 25 30 35 40 45 50 55 21 No 19277 Act No. 53, 1998 GOVERNMENT GAZETTE, 23 SEPTEMBER 1998 SHORT-TERM INSURANCE ACT. 1998 Prohibition on use of certain words, or performance of certain acts, by certain persons 8. ( 1 ) No person shall— (a) subject to section 8(1)(u) of the Long-term Insurance Act, 1998, without the approval of the Registrar apply to his, her or its business or undertaking a name or description which includes the word “insure”, “assure” or “underwrite” or any derivative thereof, unless he, she or it is a short-term insurer or a Lloyd’s underwriter; or (b) perform any act which indicates that he, she (Jr it carries on or is authorised to carry on short-term insurance business, unless he, she or it is a short-term insurer authorised to carry on that business or a Lloyd’s underwriter. (2) Subject to this Act, no person shall render services as intermediary in relation to a short-term ~olicv. unless— . . (a) (b) (c) (d) short-term insurers are the only underwriters in terms of the short-term policy concerned; such person is a Lloyd’s correspondent and L,loyd’s underwriters are the only underwriters in terms of the short-term policy concerned; short-term insurers and Lloyd’s underwriters through a Lloyd’s correspondent are collectively the only underwriters in terms of the short-term policy concerned; or such person does so with the approval of the Registrar. (3) The Registrar may from time to time-by notice in I.he Gazette or, in the case of any particular person, by notice to such person, subject to such conditions as the Registrar determines— (a) and specifies in the notice, grant to person!, generally or to any particular person or category of persons the approval contemplated in subsection (2)(d) to such extent as may be specified by the Registrar in the notice; and (b) at any time withdraw or amend any such approval to such extent as may be determined by the Registrar. (4) Subsections (2) and (3) shall not apply in the case of a short-term reinsurance policy unless and to the extent that the Minister so detemines by notice in the Gazer[e. (5) An independent intermediary shall not charge, in addition to any remuneration contemplated in section 48, any fee which is payable by a policyholder, unless the amount thereof is disclosed expressly and separately to the policyholder by the intermediary. (6) No short-term insurer shall change its name without the prior approval of the Registrar. Application for registration 9. (1) A person who wishes to carry on short-term insurance business shall apply to the Registrar for registration as a short-term insurer. (2) Subject to subsection (3), the Registrar— (a) may grant an application made in terms of subsection (1) on such of the conditions contemplated in section 10 as the Registrar may determine; and (b) shall, if the Registrar grants such application, register the person concerned as a short-term insurer and issue to that person a certificate of registration, in such form as may be prescribed by the Registrar, authorizing that person to carry on the short-term insurance business concerned and specifying the conditions contemplated in paragraph (a). (3) An application referred to in subsection ( 1 ) shall not be granted by the Registrar— (a) unless the applicant— (i) is a public company and has the carrying on of short-term insurance business as its main object; or (ii) is incorporated without a share capital under a law providing specifically for the constitution of a person to carry on short-term insurance business as its main object; 5 10 15 20 25 30 35 40 45 50 55 24 N(), 19277 Act N(). S3, 1998 GOVERFIMENT GAZETTE, 23 SEPTEMBER 1998 SHORT-TERM INSURANCE ACT, 1998 (b) if— (i) the applicant does not have the financial resources, organisation or management that is necessary and adequate for the carrying on of the business concerned; (ii) any person who is, or will, from the date of proposed registration, be a 5 director or managing executive of the applicant is not fit and proper to hold the office concerned; (iii) the direct or indirect control of the applicant by another person, whether by virtue of sharehokling, voting power, the power to appoint directors, or in any other manner, will be contrary to the interests of policyholders; 10 (iv) the applicant is not, or will not be, able to comply with this Act; or (v) the registration is contrary to the public interest; (c) if the proposed name of the applicant, or a translation, shortened form or derivative thereof, is unacceptable because it— (i) is identical to that of another short-term insurer or a long-term insurer; 15 (ii) so closely resembles that of another short-term insurer or a long-term insurer that the one is likely to be mistaken for the other; (iii) is identical to that under which another short-term insurer or a long-term insurer was previously registered and reasonable grounds exist for objection to its use by the applicant concerned; or (iv) is misleading or undesirable, unless the applicant has undertaken to ad :]pt, within such period as the Registrar may determine, another name which is acceptable to the Registrar. 20 Conditions of registration