Companies Act 2006

1165 Meaning of “insurance company” and related expressions U.K.

(1) This section defines “insurance company”, “authorised insurance company”, “insurance group” and “insurance market activity” for the purposes of the Companies Acts.

(2) An “authorised insurance company” means a person (whether incorporated or not) who has permission under [F1 Part 4A] of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance.

(3) An “insurance company” means—

(a) an authorised insurance company, or

(b) any other person (whether incorporated or not) who—

(i) carries on insurance market activity, or

(ii) may effect or carry out contracts of insurance under which the benefits provided by that person are exclusively or primarily benefits in kind in the event of accident to or breakdown of a vehicle.

(4) Neither expression includes a friendly society within the meaning of the Friendly Societies Act 1992 (c. 40).

(5) References to an insurance group are to a group where the parent company is an insurance company or where—

(a) the parent company's principal subsidiary undertakings are wholly or mainly insurance companies, and

(b) the parent company does not itself carry on any material business apart from the acquisition, management and disposal of interests in subsidiary undertakings.

“Group” here means a parent undertaking and its subsidiary undertakings.

(6) For the purposes of subsection (5)—

(a) a parent company's principal subsidiary undertakings are the subsidiary undertakings of the company whose results or financial position would principally affect the figures shown in the group accounts, and

(b) the management of interests in subsidiary undertakings includes the provision of services to such undertakings.

(7) “Insurance market activity” has the meaning given in section 316(3) of the Financial Services and Markets Act 2000.

(8) References in this section to contracts of insurance and to the effecting or carrying out of such contracts must be read with section 22 of that Act, any relevant order under that section and Schedule 2 to that Act.

Textual Amendments

F1 Words in s. 1165(2) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 122 (with Sch. 20); S.I. 2013/423, art. 3, Sch.