A Labuan Reinsurance Business is an insurance business whereby the reinsurer assumes a part of the liability under an original contract of insurance issued by other insurers or reinsurers. A Labuan reinsurer may conduct either a general insurance business, life insurance business or both.
In conventional insurance, the insured enters a contractual agreement with the insurer where protection is offered in exchange for a stipulated price. The transfer of risk in case of loss is thereby shouldered by the insurance provider. Reinsurance is a form of insurance which allows an insurance company to mitigate risk by transferring all or part of its liabilities to another insurer or reinsurer. This strategic maneuver shields the insurer from the potential threat of substantial claims eroding its profits in any given year.
Labuan reinsurers navigate their profits and risks by strategically assessing potential losses and predetermined gains during the underwriting process. Unlike conventional insurers, their operations involve speculative risks, wherein calculated estimates of payouts versus premiums shape their profit dynamics.
In the sphere of Labuan’s financial ecosystem, Takaful (also known as Islamic Insurance) emerges as a scheme of mutual protection that exists amongst the insurer and the insureds, in adherence to the Islamic Shariah principles. The loss and risk are essentially distributed amongst the insureds. Despite paying a fixed premium, the compensation for losses are paid by the insurer, and the profits earned from business(es) that are conducted by the insurer are shared in proportion to their contribution of funds.
The reinsurance of takaful business (on Islamic principles) is referred to as retakaful. Retakaful is a form of mutual assistance among participating takaful operators in which the operators pay a certain amount of contribution into the retakaful funds to share a certain risk if the risk exceeds underwriting limits.
Despite the global scarcity of Retakaful companies, often confined to local and regional markets, Labuan’s jurisdiction serves as a desirable platform for Takaful and Retakaful entities. This unique positioning enables them to operate on a global scale, reaching broader markets and adhering to Islamic principles in the pursuit of comprehensive insurance solutions.
Aspects of Differences | Takaful / Retakaful | Reinsurance |
Amount of money received | All contributions will go to a common pool of funds, which will be used to share any surplus or loss from the pool collectively. | The amount of money received by the insured, either on the occurrence of the insured event or upon maturity of the policy may be much more or less than the amount paid by the insured. |
Bearer of risks | The insured bears the risk as the takaful insurer is merely a custodian of the fund. | The insurer bears the risk of loss in the insured event. |
Investment of funds | Takaful companies undertake and invest in only Shariah compliant businesses. | Conventional insurance companies invest in any interest-based avenues and without any regard for the Islamic Shariah principles. |
Distribution of surplus funds | The takaful insurer will distribute any underwriting surplus to the insured annually. | Since the payments are deferred, the compensation paid by the insurer to the insured is greater than the installments paid by the insured, which constitutes to a surplus. |
Certainty of contracts | Takaful contracts impose a duty to disclose all material facts bearing on the contract. | Conventional insurance contracts contain uncertainty in terms of time, incident and claim limit, until the insured event has taken place. |
Strategic location to tap into the Asia Pacific market
Shared time zone with major Asian cities for seamless interaction
Excellent infrastructure and regulations within the Labuan IBFC
OECD whitelist jurisdiction status
Recognised by prominent exchanges for entity listing (such as Hong Kong, Singapore, Malaysia, Australia, and Dubai Exchanges)
100% foreign ownership with a minimum requirement of 1 shareholder and 2 directors
Low corporate tax rate of 3%
Absence of withholding tax, stamp duty, GST, import duty, sales or service tax, capital gains tax, inheritance tax
Void of tax on dividends to shareholders
Void of tax on director fees for foreign directors
To set up a Labuan Retakaful (and Takaful) Business, you will have to comply with the Labuan Islamic Financial Services and Securities Act 2010 (LIFSSA) and the Shariah principles.
Other than that, the tax framework and license fees remain the same. The setting up of a retakaful (and takaful) business does not require a separate license and no additional license fee is involved.
Comprising a team of seasoned professionals well-versed in Labuan’s business landscape, FA Advisory Limited extends a comprehensive suite of services covering corporate services, private wealth management, and licensing compliance administration, all tailored to meet the unique needs of our clients.
At FA Advisory Limited, our expertise lies in delivering Labuan insights that facilitate business expansion, simplifying intricate processes, and offering valuable information to guide you through various facets of your journey.
Choose FA Advisory as your trusted partner in navigating the dynamic business landscape of Asia. With our commitment, we are your gateway to success in Labuan and beyond.
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