Engaging in the underwriting of life insurance and non-life insurance entails obtaining from the regulatory authorities a life insurance business licence and a non-life insurance business licence, respectively. The JFSA endeavors to complete its review of licence application procedures within 120 days after a licence application reaches to the JFSA (which is a standard processing period under Article 246 of the Order for the Enforcement of the Insurance Business Act). Insurers who lay out a plan for obtaining a licence, however, cannot normally rely on this standard processing time, first, because it only obligates the JFSA to make an effort to meet that deadline, and second, because their negotiations with the JFSA begin by an exchange of drafts preceding in the formal filling of documents for the licence application – in fact, it is common that no formal documents for the licence application are filed before obtaining an acknowledgement from the JFSA.
The key criteria for licencing under the Insurance Business Act are, among other things, as follows:
i the person filing application for the insurance licence has a sufficient financial basis to perform insurance services soundly and efficiently, and has good prospects for income and expenditures in connection with those services;
ii in light of such points as its personnel structure, the applicant has the knowledge and experience to perform insurance services appropriately, fairly, and efficiently, and has sufficient social credibility;
iii the contents of the insurance contracts have no risk of lacking in protection for the policyholders, the persons to be insured, beneficiaries of insurance proceeds, and other relevant persons;
iv no specific persons are subject to unfair or discriminatory treatment under the contents of the insurance contracts;
v the contents of the insurance contracts pose no risk of encouraging or inducing conduct that is harmful to public policy and good morals;
vi the rights and obligations of the Policyholders, etc. and other contents of the insurance contracts are specified clearly and simply for the Policyholders, etc.;
vii the calculation procedures for insurance premiums and policy reserves are reasonable and proper, based on actuarial science; and
viii no specific persons are subject to unfair or discriminatory treatment with regard to insurance premiums.