Annual Compliance
A business incorporated in India has to fulfill a specific set of compliance, filings, and returns as prescribed under the provisions of various corporate and tax laws. In simple words, compliance means following rules and orders applicable to the entity. Every entity is governed under law and order and that entity needs to follow the rule and regulations prescribed by it. Legal and regulatory enforcement must be handled as an integral part of every corporate strategy. The executive board and management must consider the scope and consequences of the company's relevant laws and regulations. They need to set up a compliance management system as a supporting risk management program, as it significantly reduces enforcement risk.
Annual compliance means a specific set of compliance which a company has to fulfill post-incorporation in order to commence and continue its operations. Non-compliance with such compliance may lead to strike off of the company and disqualification of the directors of such a Company. Annual compliance includes various returns to be filed with the IRDA, Company compliance, FEMA Compliances, etc of an insurance company
Introduction
A regulatory authority established for governing the insurance sector is known as Insurance regulatory and development authority. It is a statutory body which plays a vital role in governing the insurance sector, its main motive is to frame rule and regulation for the insurance company and to look after the working of the insurance company. Insurance firms' main motive is to uphold the resources and invest the same. Companies in the insurance industry are expected to follow the complex economic patterns. Reporting, however, is the basic obligation that the authorities demand from companies. To ensure transparency and accountability, IRDA Compliance for insurance companies is required. So, to ensure the organization's better governance, they must share their details.
IRDA plays a major role in regulating, promoting, and orderly growth of the insurance sector. IRDA provides
- Registration to an insurance company
- Modification, renewal, cancellation, and suspension of registration certificate
- Adjudicate dispute between intermediaries and insurers and protect rights of the policyholder
- Settlement of claims and to curb fraudulent activity
- Promote insurance sector
- Draft rule and regulation
An insurance company is covered under the various act:
- Insurance act 1938
- FEMA 1999
- Companies Act 2013
Compliance
|
Regulatory Compliance
|
|
|
IRDA
|
âž² Insurance Company needs to file a report to IRDA:
âž² monthly
âž² Quarterly
âž² Annually
As per the prescribed format
There may be some event base reporting which company need to file to IRDA on happening such event
âž² Compliance can be filed online or offline as recommended by the authority
âž² Insurance firms are expected to report on a monthly basis that contains details relevant to Industry, Policyholders' Injustice and Petitions Report, etc. The Insurance Provider shall file within the specified period. Similarly, the monitoring is often provided on a quarterly and annual basis.
âž² The Company shall file the accounts in the manner the Authority suggests. The Insurance company shall also at all times plan the solvency margin list.
âž² The company shall send the return to the Authority annually in 4 copies within a span of 6 months from the end of the financial year.
|
|
Companies Act Compliances
|
âž² Directors Declaration (DIR-8)
âž² Compliances related to the relevant resolution passed in the company
âž² Annual Filing (MGT-7 & AOC-4) to ROC
(Insurance Companies are exempted for filing annual reports through XBRL)
âž² All other relevant compliance of public company as per the companies acts 2013.
|
|
FEMA Compliances
|
âž² FEMA's regulations are structured and enforced on those insurance firms which have foreign investors or foreign promoters. For the insurance firm, compliance with the FEMA Compliances is compulsory and an annual report is generated by following the requirements prescribed by the RBI and within the defined period of time.
|