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142 | The South African Insurance Industry Survey 2016                                         WHATEVER YOU DO,
                                                                                               BE DIFFERENT...
                            Currently, foreign reinsurers participate in the local market by   IF YOU ARE DIFFERENT,
                            either establishing a subsidiary in South Africa or by way of      YOU WILL STAND OUT.
                            providing cross-border reinsurance directly.
                                                                                               Anita Roddick
                            The allowance for reinsurance branches is expected to
                            increase the supply of reinsurance capacity in the South
                            African market. Many of these multinational reinsurers will
                            prefer the branch structure, as it:

                            –– allows easier movement of capital;

                            –– centralises multiple processes and functions;

                            –– reduces regulatory burden to some extent; and

                            –– reduces audit requirements

                            However, the aforementioned benefits come with certain
                            limitations related to which investments should be held to
                            meet technical provisions, and how these assets can be
                            utilised and/or transferred.

                            In addition, the direct and indirect taxation consequences
                            of the decision by an existing reinsurer to restructure its
                            business and operate using a branch structure are complex
                            and require detailed consideration. In this regard, a restructure
                            of this nature highlights the differences in the interpretation
                            of the corporate rule (section 41 to 47 of the Income Tax Act)
                            provisions within the context of the insurance industry.

                            Overall, an exciting, but challenging time to be operating a
                            reinsurance business in South Africa.
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