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States continue to consider enacting the amendments to the NAIC Insurance Holding Company System Regulatory Act and Regulation

USA - March 5 2012 In 2011, Rhode Island, Texas and West Virginia became the first states to adopt legislation to implement the December 2010 amendments to the National Association of Insurance Commissioners (“NAIC”) Insurance Holding Company System Regulatory Act (“Model Act”) and Insurance Holding Company System Model Regulation with Reporting Forms and Instructions (“Model Regulation”).

David W. Alberts, Lawrence R. Hamilton, Martin Mankabady

NAIC continues consideration of AG 38

USA - March 5 2012 During a conference call on 21 February 2012, a joint working group of the National Association of Insurance Commissioners’ (the “NAIC”) Life Insurance and Annuities (A) Committee and Financial Condition (E) Committee (the “Joint Working Group”), formed by the Executive (EX) Committee to study Actuarial Guideline 38 (“AG 38”), an NAIC model regulation which requires life insurers to establish additional statutory reserves for certain universal life insurance policies with secondary guarantees (“ULSG policies”)¸ took its first significant action by adopting a bifurcated approach to AG 38 that establishes separate standards for ULSG policies that are already in force and ULSG policies that are issued in the future.

David W. Alberts, Lawrence R. Hamilton, Martin Mankabady

New Draft Rules on the administration of representative offices of foreign insurance related institutions

China - March 5 2012 On 22 March 2011, the Chinese Insurance Regulatory Commission (“CIRC”) released new draft rules on the administration of representative offices of foreign insurance related institutions (the “Draft Rules”).

David W. Alberts, Lawrence R. Hamilton, Martin Mankabady

Proposed changes to the taxation of insurance groups

United Kingdom - March 5 2012 HM Treasury has recently closed a consultation on the tax regime for controlled foreign companies (“CFCs”).

David W. Alberts, Lawrence R. Hamilton, Martin Mankabady

European Commission letter to EIOPA regarding third country equivalence

European Union - March 5 2012 On 2 February 2012, the European Commission (the “Commission”) wrote a letter to the European Insurance and Occupational Pensions Authority (“EIOPA”) regarding third country equivalence assessments under Solvency II.

David W. Alberts, Lawrence R. Hamilton, Martin Mankabady