Group Information  
 

The questions reproduced below come from a questionnaire in common use in North Americas and are more appropriate to the reporting and disclosure provisions applicable in the USA insurance and reinsurance brokers. Whereas, the American questions have been repeated and an attempt has been made to modify the answers to fit UK and EU legislation, practices and standards of disclosure. The answer are given in confidence and without prejudice and are correct to the best of the knowledge and belief of the directors of the subject companies.

 

 
Organisation and Personnel
Handling of Funds of Ceding and Assuming Companies
General Information

 

 

 
 

 

Organisation and Personnel
Who owns your organisation? Please indicate names and percentages owned by each.
Is it a company, partnership or corporation? Please describe subsidiaries, affiliations, directorships or other close business relations, management polls, etc., if any.
Where was it chartered? When?
Is it supervised by a regulatory authority? Where?
Is it licensed as an insurance broker, reinsurance intermediary, or other insurance or reinsurance organisation? Where?
Are producers sub-licensed? Where?
Do any individuals have drawing accounts? If so, are settlements made at least annually?
Does your organisation loan money to officers and/or employees?
Please list any individuals other than officers who have authority to negotiate with us.
Do you maintain fidelity coverage over all officers and employees? If so, please indicate limits.
Do you maintain errors and omissions? If so, please indicate limits.
Is your organisation subject to quarterly, semi-annual or annual financial audits by a certified public accountant? Please give name of auditor and date of original appointment.
Please enclose a copy of the auditor's most recent letter of certification and a copy of the audited financial statement.

Does each officer, and individual named in Question 'i' file an annual Conflict of Interest Statement with your organisation's Secretary? Are such statements reviewed by the Chief Executive?

 

 

 

Who owns your organisation? Please indicate names and percentages owned by each.
The Lloyd's brokers to which this questionnaire applies,
Butcher Robinson & Staples Ltd ("BRS")
Butcher Robinson & Staples International Ltd ("BRASIL") and
Harding Maughan Hambly Ltd ("HMH")
are 100% owned by Butcher Robinson & Staples Holdings Ltd ("BRSH") which in turn is a wholly owned subsidiary of chapter Group Plc ("CGPLC").

Aegis Insurance Brokers Ltd ("AIB") is further wholly owned subsidiary and places business in the London Market through BRASIL.

Turnover for the group is about £100 million premium with £17 million gross and £10 million net commission. Parent total assets employed are around £7 million.

This ultimate holding company, which guarantees the activities of its group companies is owned by the staff and executives in the trading companies and former executives. There are no institutional or outside shareholders. The full shareholder list is available through the Registrar of Companies. Back to Questions

Is it a company, partnership or corporation? Please describe subsidiaries, affiliations, directorships or other close business relations, management polls, etc., if any.
Basically, all above brokers are incorporated as private companies and act as independent agents and intermediaries in the London and International insurance and reinsurance industry. In many cases the group acts as master brokers offering facilities, capacity and expertise to the market.

The Lloyd's brokers part of CGPLC and any subsidiaries, associated companies and fellow subsidiaries are all wholly owned consolidated incorporated bodies with limited liability under the UK Companies Acts. The directors are from amongst the producers and shareholders.

The full corporate structure with subsidiaries and affiliates is disclosed within the group accounts and a full copy can be requested if required. There are no managed "pools", etc. The group is independent from other intermediaries and insurers and provides independent 'best advice' to agents and insureds. Back to Questions 

Where was it chartered? When?
Group companies are limited liability companies registered in England (unless otherwise stated) with registered offices at Collegiate House or as notified. Although some group companies were originally registered some 50n years ago the current main subsidiaries were founded in 1976 to 1979. HMH joined the group in March, 1999. If there is a need for the actual incorporation dates and changes in names, etc., users of this questionnaire should apply to the Company Secretary.  Back to Questions

Is it supervised by a regulatory authority? Where?
Registered Lloyd's brokers are regulated under the Lloyd's Act 1982 by the Society and Corporation of Lloyd's. In addition, these companies are registered under the Insurance Brokers Registration Act by the Insurance Brokers Registration Council ("IBRC"). The Lloyd's brokers are authorised to act as intermediaries in respect of insurance and reinsurance business obtained from anywhere in the world.

The brokers are subject to "IBA" rules as regards separation of insurance assets and liabilities and has entered into Trust Deeds under Lloyd's ByeLaw 5 of 1988 under which IBA assets are subject to s floating change held on Trust by The Society of Lloyd's for the benefit of insurance creditors.

These statutory bodies (which also regulates Lloyd's itself and regulates registered individuals) act on behalf of HM Treasury (formerly the Department of Trade and  Industry) and will shortly be rolled into the FSA. Registered Lloyd's Broker are part of the LIBC compensation provisions and under the overall Lloyd's umbrella and the UK Policy Holders Protection Act.

Under each Memorandum and Articles of Association is a formal record of principal activity as insurance and reinsurance brokers and this is approved under The Companies Act. under which group companies are incorporated and registered. The financial statements are audited in accordance with generally acceptable international accounting principles and submitted to a Registrar of Companies annual Reports and Accounts prepared in accordance with Financial Reporting Standards.

BRS, HMH, AIB, BRASIL as part of the Chapter Group are fully accredited under international Quality Standard ISO 9001 and are annually scrutinised under BVQI (Bureau Veritas).

Each Brokers is subject to the Laws of Agency as and intermediary and Corporation Taxation under the Income and Corporation Taxes Act 1988 and tax and VAT group elections.

The business placed is regulated under various Acts of Parliament (for example The Marine Insurance Act 1907) and is subject to the huge canon of commercial and mercantile case law.  Back to Questions

Is it licensed as an insurance broker, reinsurance intermediary, or other insurance or reinsurance organisation? Where?
Yes. In UK. As Above. Also as empowered by Memorandum and Articles of Association. Objectives lodged with Company regulators permit reinsurance and insurance broking and agency functions anywhere in the world. 

Are producers sub-licensed? Where?
Individual brokers and key members of staff are registered under the IBRC. All broker directors and most broking staff are Lloyd's members, associates or substitutes. Many brokers have Insurance qualifications and the certification scheme introduced by Lloyd's for all those with access to the Room have been applied in full by the group companies. All officers and insurance staff are subject to CPE and training requirements.

All UK Brokers with which we deal are registered under the same IBRC and/or Lloyd's. There are no casual producers or businesses not licensed which may form part of the intermediary-principal chain. Where for any reason (e.g. overseas agents) introductions are made by non-licensed intermediaries these are not part of the chain but may be paid an introductory commission.  Back to Questions

Do any individuals have drawing accounts? If so, are settlements made at least annually?
Not applicable. 

Does your organisation loan money to officers and/or employees?
No. Certain small amounts of assistance may be given upon request to pay for Train or bus season tickets. Other small emergency amounts may be extended on commercial terms. 

Please list any individuals other than officers who have authority to negotiate with us.
All officers and brokers representing the Lloyd's broker are permitted to make arrangements for the placement of insurance and reinsurance. We are a broadly based group and users of this questionnaire are invited to request list of empowered brokers relevant to the classes of business proposed. All negotiations are overseen by appropriated and empowered officers. 

Do you maintain fidelity coverage over all officers and employees? If so, please indicate limits.
Not all. All employees and certain officers under professional indemnity cover. Other directors and officers under cash fidelity cover and under specific Trustees cover. We do have D&O cover with £5m limit.  Back to Questions

Do you maintain errors and omissions? If so, please indicate limits.
Yes. The current limit for London placements via BRS and BRASIL is £30 Million each and every and in the aggregate - Excess of £25,000 (other than two at £150,000). In addition certain uninsured exposure is ceded to the captive insurer. Other AIB cover has a £6 million limit each and every loss. 

Is your organisation subject to quarterly, semi-annual or annual financial audits by a certified public accountant? Please give name of auditor and date of original appointment.
All group companies are subject to statutory annual audit by a leading international firm of Chartered Accountants under the UK Companies Acts. 

Please enclose a copy of the auditor's most recent letter of certification and a copy of the audited financial statement.
See audit report. No relevant qualifications reported.  Back to Questions

Does each officer, and individual named in Question 'i' file and annual Conflict of Interest Statement with your organisation's Secretary? Are such statements reviewed by the Chief Executive?
The directors interest in shares and contracts are submitted annually in respect of company directors and reviewed by the Chief Executive and the auditors. Brokers who are not directors are not required to complete such forms. All such members of staff are subject to the normal employment laws on conflicts of interest and constraints of trade. Back to Questions

 

 

 

 

 

Handling of Funds of Ceding and Assuming Companies
Are premium, loss and other funds owned by reinsureds and/or reinsurers (fiduciary funds) kept separate; that is, not commingled with other funds?
Do you invest such fiduciary funds? If so, in what type of securities?
Are these fiduciary funds audited in detail by a certified accountant on a quarterly, semi - annual of annual basis? If a separate letter of certification or financial statement applies to these funds and is not included in subjects of Item "2.a." Above, please attach latest copy.
Is cheque signing authority on fiduciary accounts limited? Are two signatures required?
Do you withdraw from the fiduciary account your commission monthly as earned? If not, how do you handle it?

Do you remit to reinsurers in strict accordance with contract terms even if a special remittance is required?

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Are premium, loss and other funds owned by reinsureds and/or reinsurers (fiduciary funds) kept separate; that is, not commingled with other funds?
The companies are governed by rules concerning Insurance Broking Accounts ("IBA") which are held on behalf of insureds/markets under a Trust. Brokerage and interest to the credit of the broker may be retained in the IBA accounts but may not be withdrawn if by so doing the IBA debtors plus IBA cash is thereby exceeded by the IBA creditors. This solvency test is audited annually, submitted to Lloyd's quarterly and reviewed by the boards monthly. 

Do you invest such fiduciary funds? If so, in what type of securities?
Yes. Strict Lloyd's rules apply to where investments can be lodged, on type and size of investment product. Securities are cash, CD's or similar liquid instruments. No IBA funds are invested other than in cash or deposits with major international banks and institutions without discernible credit risk. Back to Questions

Are these fiduciary funds audited in detail by a certified accountant on a quarterly, semi - annual of annual basis? If a separate letter of certification or financial statement applies to these funds and is not included in subjects of Item "2.a." above, please attach latest copy.
As above. Annual review. No separate certificate other than Lloyd's and IBRC solvency test reports.

Is cheque signing authority on fiduciary accounts limited? Are two signatures required?
Yes. Two director or senior official signatories are invariably required for cheques and deposit movements.

Do you withdraw from the fiduciary account your commission monthly as earned? If not, how do you handle it?
As required subject to rules explained above. We do not take brokerage or interest as earned but as received. Back to Questions

Do you remit to reinsurers in strict accordance with contract terms even if a special remittance is required?
Yes. Most market settlements are directly debited by the bureaux. No funding is permitted.

There may however be special circumstances (e.g. a possible breach of warranty or client request) where an exception may be put to the board. These circumstances where an insurer or reinsurer might request a "special remittance" are rare and strictly controlled. Back to Questions

 

 

 

 

General Information
Please attach any memoranda, letters, etc. that may be helpful to us in understanding basic philosophies, procedures, key personnel roster, working relationships, safeguards, etc. of your organisation and operation.

Do you require each underwriting group (pool) under your control to handle its fiduciary funds as described above in Section 2?

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Please attach any memoranda, letters, etc. that may be helpful to us in understanding basic philosophies, procedures, key personnel roster, working relationships, safeguards, etc. of your organisation and operation.
We are governed by and adhere to Lloyd's Code of Practice. The group standards and procedures in accordance with manuals and market best practice are monitored by compliance officers on each board, reviewed by auditors, BVQI and the review department of Lloyd's. Solvency reports and prescribed returns are submitted to Lloyd's quarterly and to Lloyd's and IBRC annually registered under ISO 9001 and BS 5750 under which these issues have been assessed and are regularly reviewed. Back to Questions

Do you require each underwriting group (pool) under your control to handle its fiduciary funds as described above in Section 2?
We have no underwriting group or pool under control. All brokers in the group and all covers, binding authorities and facilities we exercise are subject to the same Trust Rules. As regards any market we may use on behalf of clients- the answer is "Not specifically". Markets used are DTI of Bests/S&P reviewed and are subject to strict vetting by our security committee. All companies used are we believe operating proper controls over their IBA funds. Back to Questions

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