Registration and Renewal as a Foreign Reinsurer in the Republic of Panama

Panama has positioned itself as an attractive financial center in the region, and its regulatory framework for insurance and reinsurance activities reflects its commitment to transparency and market stability. Foreign reinsurers wishing to operate in the country must comply with the requirements set forth in Law 12 of April 3, 2012, which regulates insurance and reinsurance activities in Panama, known as the Insurance and Reinsurance Law of Panama.

Registration of Foreign Reinsurers

According to Article 53 of Law 12, foreign reinsurers wishing to conduct activities in Panama must register with the Superintendency of Insurance and Reinsurance of Panama. This registration ensures that foreign reinsurers meet appropriate solvency and financial capacity standards to fulfill their contractual obligations.

Key registration requirements:

1. Financial solvency: Reinsurers must demonstrate they have a minimum capital set by the Superintendency. Article 56 establishes that they must maintain a minimum capital of B/. 5,000,000.00.
2. Operational experience: Reinsurers must show a minimum of five years of continuous operations and a minimum credit rating issued by a rating agency recognized by the Superintendency.
3. Documentation: Certain documents are required, such as audited financial statements, a copy of the license from the competent authority in the reinsurer’s home country, and details of the policies or contracts they will offer in Panama.
4. Legal representative in Panama: Every foreign reinsurer must appoint a legal representative residing in Panama, as stipulated in Article 55 of Law 12.

Renewal of the Registration

The registration as a foreign reinsurer is not indefinite and must be renewed periodically. According to Article 57 of Law 12, reinsurers must renew their registration annually by submitting the following documents:

1. Audited financial statements from the previous fiscal year.
2. An updated solvency certification issued by a recognized credit rating agency.
3. An updated legal capacity certification issued by the regulatory body of the reinsurance company’s country of origin.

The renewal process allows the Superintendency to periodically evaluate the financial and operational capacity of foreign reinsurers, ensuring they comply with the standards set by law and current regulations.

Consequences of Failing to Renew the Registration

Failure to meet renewal requirements may result in severe penalties, including the suspension of the registration and the prohibition of conducting new operations in Panama until compliance is achieved. According to Article 73 of Law 12, if a reinsurer fails to maintain solvency or renew its registration, the Superintendency has the right to revoke its authorization.

Conclusion

Panama’s Insurance and Reinsurance Law establishes a clear and precise framework for the operation of foreign reinsurers. This system seeks to ensure the solvency and stability of the reinsurance market, protecting the interests of both the insured and the local insurers who rely on these entities to mitigate risks. Foreign reinsurers wishing to participate in this market must strictly comply with the applicable regulations, both at the time of their initial registration and during annual renewals, to ensure their operational continuity in the country.