Takaful Intermediaries Overview

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Questions and Answers

What is a primary reason insurance operators purchase reinsurance?

  • To increase their premium rates
  • To avoid legal disputes
  • To ensure they can pay larger claims (correct)
  • To invest in additional markets

Which principle is NOT applicable to Retakaful contracts?

  • Utmost good faith
  • Permissible takaful interest
  • Indemnity
  • Mutual agreement (correct)

What initiates the termination of an agency contract?

  • The principal’s bankruptcy
  • Completion of the related transaction
  • Operation of law making it illegal
  • All of the above (correct)

What role does Retakaful play in the Takaful industry?

<p>It acts as a risk-sharing mechanism (C)</p> Signup and view all the answers

Which factor does NOT lead to the termination of an agency relationship?

<p>By performance of the contracted duties (A)</p> Signup and view all the answers

What is the primary function of Retakaful as defined in the Islamic Financial Service Act 2013?

<p>To cover risks of the takaful fund arranged by a takaful operator (A)</p> Signup and view all the answers

Which of the following best describes the nature of the Retakaful contract?

<p>A contract of donation between takaful operators (C)</p> Signup and view all the answers

How does Retakaful contribute to the stability of takaful contribution pricing?

<p>By stabilizing claims cost through shared risks (D)</p> Signup and view all the answers

Which of the following contracts is primarily used in establishing Retakaful relationships?

<p>Mudarabah (C)</p> Signup and view all the answers

What role does Retakaful play in underwriting for takaful operators?

<p>It provides underwriting flexibility and capacity (A)</p> Signup and view all the answers

What is one of the main duties of a Takaful agent?

<p>Promotion of Takaful products and services (A)</p> Signup and view all the answers

Who are the licensed intermediaries registered by the Malaysia Takaful Association?

<p>Takaful agents and Takaful brokers (A)</p> Signup and view all the answers

Which entity regulates the registration of Takaful brokers?

<p>Bank Negara Malaysia (C)</p> Signup and view all the answers

What does a Takaful agent NOT typically do?

<p>Negotiate client leases (D)</p> Signup and view all the answers

What type of business activity is NOT considered a role of a Takaful operator?

<p>Negotiating loan agreements (A)</p> Signup and view all the answers

Which of the following best describes a Takaful broker's responsibilities?

<p>Providing independent advice to clients on the best Takaful plans (A)</p> Signup and view all the answers

What is a common requirement of the contract between a Takaful agent and the principal?

<p>It contains terms and conditions for remuneration (A)</p> Signup and view all the answers

Which of the following is NOT a responsibility of a Takaful agent?

<p>Providing legal support to clients (C)</p> Signup and view all the answers

What is the main role of a Takaful agent?

<p>Promoting Takaful plans on behalf of a Takaful Operator (B)</p> Signup and view all the answers

Which of the following best defines a Takaful broker according to IFSA 2013?

<p>A person who carries out broking business for Takaful (B)</p> Signup and view all the answers

What is a common way Takaful intermediaries are compensated?

<p>Commission based on contributions from customers (D)</p> Signup and view all the answers

Which task is NOT typically performed by a Takaful broker?

<p>Soliciting Takaful proposals on behalf of an operator (B)</p> Signup and view all the answers

What is a key duty of a financial adviser in Takaful?

<p>Analysing financial planning needs related to Takaful (C)</p> Signup and view all the answers

How do Takaful agents differ from financial advisers?

<p>Agents work for Takaful Operators, advisers are independent (D)</p> Signup and view all the answers

Which of these statements about Takaful intermediaries is correct?

<p>Financial advisers provide independent financial advisory services (A)</p> Signup and view all the answers

What is the primary function of a Takaful agent in relation to customers?

<p>Soliciting and obtaining proposals for Takaful certificates (B)</p> Signup and view all the answers

What is the maximum fine for marketing Takaful products without being a licensed Takaful Operator?

<p>RM50 million (B)</p> Signup and view all the answers

Which of the following rights does a Takaful agent have?

<p>The right to receive commissions or fees (D)</p> Signup and view all the answers

Which statement is true about the obligations of the principal towards the agent?

<p>The principal must always compensate the agent as agreed or reasonably (C)</p> Signup and view all the answers

What should a Takaful agent do according to Section 140 of IFSA 2013 when marketing products?

<p>Disclose they are an agent for a specific Takaful Operator (A)</p> Signup and view all the answers

What constitutes non-compliance for a Takaful agent under Section 136(4) of IFSA 2013?

<p>Marketing products without a license (B)</p> Signup and view all the answers

What is one way an agency can be terminated?

<p>By the principal giving notice of revocation (B)</p> Signup and view all the answers

What penalty can a non-compliant Takaful agent face aside from a fine?

<p>Imprisonment up to ten years (B)</p> Signup and view all the answers

If an agent incurs expenses with express authority, what are they entitled to?

<p>Reimbursement within acceptable limits (C)</p> Signup and view all the answers

What distinguishes treaty retakaful from facultative retakaful?

<p>Treaty retakaful involves a standing agreement. (B)</p> Signup and view all the answers

What is the role of the retakaful operator in an al-Mudharabah model?

<p>To undertake business activities as the entrepreneur. (B)</p> Signup and view all the answers

What happens when there is a deficit in the retakaful funds?

<p>A qard is provided to cover the liability. (C)</p> Signup and view all the answers

How is the profit shared in an al-Mudharabah retakaful contract?

<p>Based on the specific proportion defined in the contract. (B)</p> Signup and view all the answers

In which of the following models do takaful operators provide retakaful contributions to the risk fund?

<p>In both al-Mudharabah and al-Wakalah models. (D)</p> Signup and view all the answers

What does the term 'tabarru' refer to in the context of retakaful?

<p>The contributions made by takaful operators to the retakaful risk fund. (C)</p> Signup and view all the answers

Which statement is true regarding the obligations of both takaful and retakaful operators under a facultative retakaful agreement?

<p>There are no obligations for either party to accept the agreement. (B)</p> Signup and view all the answers

How are contributions for retakaful funded?

<p>From a portion of the takaful participants' fund. (D)</p> Signup and view all the answers

Flashcards

What is a Takaful Agent?

An individual representing a Takaful Operator, promoting products and services to customers.

What is the main duty of a Takaful Agent?

A Takaful Agent's primary duty is to promote Takaful products and services.

How do Takaful Agents help customers?

Takaful Agents provide advice and support to customers regarding Takaful products.

What do Takaful Agents do with proposals?

A Takaful Agent submits proposals to the Takaful Operator on behalf of the customer.

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How do Takaful Agents educate customers?

Takaful Agents raise awareness and provide information about Takaful products and services.

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What are the key relationship building skills for a Takaful Agent?

Maintaining a good relationship with existing and potential clients.

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What is the contract between a Takaful Agent and a Takaful Operator called?

The agreement between a Takaful Agent and the Takaful Operator outlining their responsibilities and remuneration.

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How is the contract between a Takaful Agent and a Takaful Operator made?

The contract between a Takaful Agent and the Takaful Operator can be written or verbal.

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Termination of Agency Agreement

The ending of an agency agreement can occur when the agent gives notice to the principal, the transaction for which the authority was given is completed, or the contractually defined period expires.

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Termination of Agency Agreement (Other Reasons)

An agency agreement can also end due to various events such as death, lunacy, or bankruptcy of either the principal or the agent, or when any law renders the agent's contract illegal.

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What is Retakaful?

Retakaful is a form of reinsurance in the Takaful industry, where takaful operators share risks among themselves to ensure claims can be paid.

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Purpose of Retakaful

Retakaful acts as a safety net for Takaful operators, allowing them to pay out large claims by pooling their risks.

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Principles in Retakaful Contracts

The principles of indemnity, permissible Takaful interest, and utmost good faith (like in traditional insurance) also apply to Retakaful contracts.

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Disclosure Requirement for Takaful Agents

A Takaful Agent must disclose their role as an agent and the specific Takaful Operator they represent to potential customers.

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Prohibited Activity: Unauthorized Takaful Marketing

Individuals or entities not licensed as Takaful Operators cannot market or promote Takaful products.

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Takaful Agent's Right: Payment

The right to be compensated for services provided, usually in the form of a commission.

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Takaful Agent's Right: Reimbursement

An agent is entitled to reimbursement for expenses incurred with their principal's permission within acceptable limits.

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Takaful Agent's Right: Autonomy

The right to perform their duties in a manner they deem appropriate and to reject any attempt by their principal to overcontrol their work.

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Principal's Duty: Remuneration and Expenses

Obligation of the principal to financially compensate the agent for services rendered as per agreement, custom, or what is considered reasonable.

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Principal's Duty: Indemnity

The principal must protect the agent from any legal consequences of actions lawfully performed within their authority on behalf of the principal.

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Retakaful

A contract between two takaful operators where one operator covers the risks of the other's takaful fund. It's essentially a form of risk sharing.

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Uqud al-tabarruat

A type of Islamic contract where donations are pooled together to cover a shared risk or liability.

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Wakalah

A contract where one party (the wakil) acts on behalf of another party (the muwakil) to perform a specific task. In retakaful, this means one takaful operator acts as an agent for its participants to cover risk.

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Retakaful contract

A contract where one takaful operator agrees to cover the risks of another operator, using the assets of the retakaful provider. This helps to ensure the solvency of the takaful operator and its participants.

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Retakaful Risk Fund

The fund created by takaful operators to cover the risks of retakaful agreements. This fund is used to pay out claims and maintain financial stability.

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Takaful agent

A person who connects potential customers with Takaful operators, primarily promoting Takaful plans offered by the operator.

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Takaful broker

An independent professional who assists customers in acquiring and renewing Takaful coverage from different Takaful operators. They act as a go-between and are not affiliated with any specific company.

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Financial advisor

An unbiased professional who provides financial advice, including recommendations for Takaful products. They analyze the financial needs of individuals and suggest suitable Takaful plans from a variety of providers.

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Duties of a Takaful agent

These professionals solicit and obtain proposals for Takaful certificates on behalf of a Takaful operator.

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Duties of a Takaful broker

The act of assisting clients in obtaining and renewing Takaful coverage from a Takaful operator.

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Duties of a Financial Advisor

Analyzing a person's financial planning needs related to a Takaful product and recommending an appropriate plan.

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Takaful broker under the IFSA Act 2013

An independent contractor who carries out Takaful and/or Retakaful broking business. They are not affiliated with any specific Takaful operator.

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Treaty Retakaful

A type of reinsurance where a standing agreement between retakaful companies ensures that risks within the agreement are automatically accepted.

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Facultative Retakaful

A type of reinsurance where each case is considered individually and both the takaful and retakaful operators decide on a case-by-case basis if they want to enter into the agreement.

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Operational Mechanism of Retakaful (1)

A type of reinsurance where individual policyholders of takaful products do not directly participate in the retakaful contracts, but their contributions are used to fund the retakaful.

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Operational Mechanism of Retakaful (2)

In case of a retakaful fund deficit due to unforeseen claims, retakaful operators provide a loan to cover the liability. This loan is repaid in subsequent years.

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Operational Mechanism of Retakaful (3)

Retakaful operations can be based on either al-mudharabah, al-wakalah, or a hybrid model combining both.

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Retakaful based on al-Mudharabah Model

A retakaful model based on the Islamic principle of al-mudharabah, where the retakaful operator acts as the entrepreneur (mudharib) and the participants (sahibul mal) contribute to the risk fund.

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Retakaful based on al-Wakalah Model

A retakaful model based on the Islamic principle of al-wakalah, where the retakaful operator acts as a representative (wakil) managing the retakaful contributions of the participants.

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Hybrid Retakaful Model

A retakaful model that combines the elements of both al-mudharabah and al-wakalah, blending entrepreneurial management with representative responsibilities.

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Study Notes

Takaful Intermediaries

  • A Takaful intermediary is a professional who attracts clients to Takaful contracts.
  • They are often known as Takaful agents, brokers, or Financial Advisers.
  • Intermediaries receive commissions (or brokerage fees) for introducing customers to Takaful plans, usually a percentage of the clients’ contributions.

Types of Takaful Intermediaries

  • Takaful Agent: Represents a Takaful operator, focuses on promoting their plans.
  • Takaful Broker: An independent contractor who arranges Takaful and/or Retakaful brokerage.
  • Financial Adviser: An independent party providing financial advisory services related to Takaful products.

Duties of Takaful Intermediaries

  • Takaful Agent: Solicits proposals, negotiates and handles certificates, and manages other operations on behalf of a Takaful Operator related to issuing, renewing, or continuing certificates.
  • Takaful Broker: Helps customers with obtaining and renewing Takaful coverage. Advises customers on suitable Takaful plans.
  • Financial Adviser: Analyses financial needs related to Takaful products. Recommends appropriate plans and helps source those plans through licensed providers. Arranges contracts for takaful products. Manages other tasks related to financial services.

Takaful Agent in IFSA 2013

  • Disclosure Requirement: Agents must inform clients that they are acting on behalf of a Takaful operator when promoting their products.
  • Agent to Represent Operator: Agents can't market or promote Takaful products or services for a non-licensed operator or a person outside of the Takaful Operator. Violation can carry penalties.

Rights of a Takaful Agent

  • Right to receive payment for services (usually a commission or fee).
  • Reimbursement of any money used, as permitted by the Takaful principal.
  • Right to perform duties in a way the agent finds suitable. Agents can refuse a principal's request to control their work.

Obligations of the Principal

  • Obligated to pay remuneration and expenses as agreed. Default to customary or reasonable compensation.
  • Indemnify the agent for legally performed duties.

Termination of Agency

  • By revocation notice from the principal.
  • By renunciation notice from the agent.
  • By mutual agreement of both parties.
  • By stipulated contract period expiration.
  • By operation of law (e.g., death, bankruptcy, etc.).

Retakaful

  • A form of insurance/reinsurance between takaful operators to pool/share takaful risks and obligations.
  • Insurance operators need reinsurance to cover large risks or losses.
  • The underlying processes and terms (e.g., indemnity, acceptable takaful interest, good faith) of primary takaful contracts also apply in Retakaful.
  • Retakaful operates fundamentally as a risk-sharing mechanism amongst the takaful operators.
  • Two types of Retakaful: Treaty Retakaful (standing agreement) and Facultative Retakaful (case-by-case basis).
  • Different Takaful operators may contract to share their risks and losses through a Retakaful Risk Fund, based on principles like al-mudharabah or al-wakalah.

Importance of Retakaful

  • Protecting solvency of the takaful operator and its participants.
  • Providing underwriting flexibility for accepting high-risk situations.
  • Stabilizing claims costs to provide more consistent pricing for contributions.
  • Allowing operators to better utilize assets to better give coverage to customers.

Operational Mechanism of Retakaful

  • Individual policyholders are not directly involved in retakaful contracts.
  • Retakaful funds use contributions from Takaful participants.
  • If retakaful funds lack sufficient funds to cover liability, the retakaful operators may inject capital (e.g., loan) into takaful funds.
  • This injection is typically repaid with future surplus or subtracted from reimbursements.
  • Retakaful operations can use models like al-mudharabah or al-wakalah.

Retakaful Operational Model

  • Al-Mudharabah: Retakaful operator/entrepreneur manages assets while Takaful operators contribute to the fund in a sharing arrangement.
  • Al-Wakalah: Retakaful operator manages assets on behalf of Takaful operators, with a predetermined fee, and the profits or losses are allocated according to the agreement.

List of Retakaful Companies

(A table of Retakaful companies is presented in the document)

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