Insurance (prudential standard) determination No. 8 of 2006 - Prudential Standard GPS 120 - Assets in Australia
Assets must be held by foreign insurer’sAssets must be held by foreign insurer’s custodian or agent in Australia
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Assets must be held by foreign insurer’s custodian or agent in Australia
- An amount representing an asset of a foreign insurer is excluded from being an asset in Australia unless it is held for the foreign insurer by either:
(a) a custodian (in a way set out in subparagraph 13(a) or (b)), being a custodian that:
(i) has a registered office (within the meaning of the Corporations Act) in Australia and against whom the insurer can enforce its rights in Australia; and
(ii) has been appointed under a contract under which only the agent in Australia of the foreign insurer may give directions[10] (either directly or via a delegated authority to another person) to the custodian with regard to the disposal of assets; or
(b) the foreign insurer’s agent in Australia (on trust for the foreign insurer).