Insurance (Amendment) Act 2021: A Complete Guide

Insurance (Amendment) Act 2021
Shivani Jain
| Updated: Apr 01, 2021 | Category: Insurance Broker, News

Recently, the GOI (Government of India) has passed the Insurance Amendment Act 2021, on 25.03.2021, to amend the provisions of the Insurance Act 1938.

Further, the said amended act has received the presidential assent on 25.03.2021 and will come into effect from the date chosen for publication by the Central Government.

In this learning blog, we will discuss the objective and key provisions of the Insurance Amendment Act 2021.

Key objective of the Insurance Amendment Act 2021

The key objective of the act is to achieve the purpose of the Government’s FDI (Foreign Direct Investment) Policy by raising the threshold limit of the foreign investment in the Indian insurance companies from the prevailing 49 per cent to 74 per cent, and to permit the foreign ownership and control with the safeguards.

Read our article:How to Get Insurance Broker License in India

Key Provisions of the Amended Insurance Act

The key provisions of the amended Insurance Act can be summarised as:

Substitution of Section 2 Clause (7A) Sub Clause (b)

The existing section 2 clause (7A) sub clause (b) will be substituted with new provisions, which are as follows:

(b) in which the total aggregate holdings of the equity shares by the foreign investors comprising of portfolio investors do not exceed 74 per cent of the total paid-up equity capital of such an Indian Insurance Company and the foreign direct investment will be subject to the conditions & manner, as may be specified.

Amendment in Section 27

It shall be noted that in the provision of section 27 of the principal Act, i.e., the Insurance Act 1938, the explanation stated in sub-section (7) shall stand omitted.

Substitution of Section 114 Subsection (2) Clause (aaa)

It shall be noted that in the provision of section 114 subsection (2) clause (aaa) of the principal Act, i.e., Insurance Act 1938[1], shall be substituted with the new one, which is as follows:

(aaa) the conditions and the manner of the foreign direct investment under sub-clause (b) of clause (7A) of section 2.

Conclusion

In a nutshell, to accomplish the objective of the Government’s FDI Policy, the government has amended the provisions of the Insurance Act 1938 and has increased the limit of Foreign Investment in the Indian Insurance Companies from 49 to 74%. The said amended act will be in force from the date assigned by the government for publication in the Official Gazette. 

Read our article:What Role Does IRDA Play in the Development of Insurance Sector?

Insurance-Amendment-Act-2021

Spread the love
Shivani Jain

Shivani has completed her B com LLB (Hons) and has the experience of writing various research papers during her college time. Earlier she was working as an Associate in a Delhi based Law Firm, but her interest in writing made her pursue Legal Content Writing as a career. Her core area of interest is in writing about various legal enactments, tax, and finance.

docsbizkit
 

Related Articles

Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021
| Date: Feb 05, 2021 | Category: News

Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Amendment Rules 2021

The Central Government by way of a Notification No. 11/ 2021, dated 01.02.2021, had amended the provisions of Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles...

Read More
Aadhar Authentication for GSTIN made compulsory by MCA
| Date: Mar 10, 2021 | Category: GST, News

Aadhar Authentication for GSTIN made compulsory by MCA

The Ministry of Corporate Affairs or MCA, by way of a notification dated 05.03.2021, has notified that Aadhar Authentication for GSTIN will be made compulsory for the incorporation of company....

Read More
Legal Entity Template Rolled Out by SEBI
| Date: Mar 13, 2021 | Category: News, SEBI Advisory

Legal Entity Template Rolled Out by SEBI

On 10.03.2021, the Securities and Exchange Board of India (SEBI), by way of the powers provided under section 11 (1) of the SEBI Act 1992, has rolled out a Legal...

Read More

ARTICLES

Hi! My name is Akanksha! Let's talk.