GIM1070 - Legal basis of insurance: regulatory definition of ‘insurance business’
Under FSMA 2000 the FSA has established a regulatory framework
for insurance business. Under the FSA’s Prudential Sourcebook
for Insurers (INSPRU) an insurer must not carry out any commercial
business other than insurance business and activities directly
arising from that business (INSPRU 1.5.13). The FSA
Handbook’s Glossary defines insurance business as the
business of effecting or carrying out contracts of insurance.
Contracts of insurance are in turn defined in the RAO (see
GIM1020) in terms that derive from the
European Insurance Directives (see
GIM2020 and
GIM3030).
There are some types of business defined in the RAO which
are on the fringes of insurance (for example customs bonds) and
some which are not insurance as commonly understood (for example
pension fund management). In practice, however, it will seldom be
relevant to the corporation tax liability of an insurance company
that some of its activities may not strictly be insurance, at least
where the company is regulated in a territory where there is strict
enforcement.
