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Cession Agreement for Hong Kong

Cession Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that facilitates the transfer of insurance risk from a primary insurer (cedant) to a reinsurer. This document establishes the terms and conditions under which the reinsurer agrees to accept a portion of the insurance risk and the associated premium, operating within Hong Kong's regulatory framework and common law system. It details the scope of coverage, premium calculations, claims procedures, reporting requirements, and other operational aspects of the reinsurance arrangement, ensuring compliance with Hong Kong's Insurance Ordinance and related regulations.

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Cession Agreement

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What is a Cession Agreement?

A Cession Agreement is a crucial document in the insurance and reinsurance industry, used when an insurance company wishes to transfer part of its risk exposure to a reinsurer. This type of agreement is particularly important in Hong Kong's sophisticated financial services market, where complex insurance arrangements require careful structuring and documentation. The agreement typically includes detailed provisions on risk transfer, premium calculations, claims handling procedures, and reporting requirements. A well-drafted Cession Agreement must comply with Hong Kong's regulatory requirements, particularly the Insurance Ordinance (Cap. 41) and related regulations. It serves as the primary document governing the relationship between the cedant and reinsurer, establishing their respective rights, obligations, and operational procedures.

What sections should be included in a Cession Agreement?

1. Parties: Identification of the ceding company and the reinsurer, including their full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the cession arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including technical insurance and reinsurance terminology

4. Scope of Cession: Details of the insurance business being ceded, including types of risks, territories, and any exclusions

5. Premium and Commission: Terms relating to premium calculation, payment mechanisms, and any commission arrangements

6. Claims and Settlements: Procedures for claims notification, handling, and settlement between the parties

7. Accounts and Settlements: Provisions regarding accounting procedures, settlement of balances, and reporting requirements

8. Security and Collateral: Requirements for any security or collateral arrangements between the parties

9. Duration and Termination: Term of the agreement, renewal provisions, and circumstances for termination

10. Confidentiality: Obligations regarding confidential information and data protection

11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

12. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment restrictions

What sections are optional to include in a Cession Agreement?

1. Sanctions Compliance: Required if either party operates in or the agreement covers territories subject to international sanctions

2. Broker Involvement: Required if a reinsurance broker is involved in the arrangement

3. Currency and Exchange Rates: Required for cross-border arrangements involving multiple currencies

4. Offset Provisions: Optional provisions for offsetting balances between parties

5. Special Acceptance: Required if certain risks require special acceptance procedures

6. Regulatory Compliance: Required if specific regulatory requirements need detailed treatment

7. Tax Provisions: Required for cross-border arrangements with specific tax implications

What schedules should be included in a Cession Agreement?

1. Schedule A - Coverage Details: Detailed specification of risks covered, limits, and exclusions

2. Schedule B - Premium Calculation: Detailed methodology for premium calculation and adjustments

3. Schedule C - Claims Procedures: Detailed procedures for claims handling and documentation requirements

4. Schedule D - Reporting Requirements: Templates and timing for required reports and bordereaux

5. Schedule E - Contact Details: Key contact information for both parties for various functions

6. Appendix 1 - Policy Wording: Sample policy wording or reference to underlying insurance policies

7. Appendix 2 - Forms and Templates: Standard forms for claims, reporting, and other operational matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Document Type

Service Letter

Cost

Free to use
Relevant legal definitions






































Clauses




































Relevant Industries

Insurance

Reinsurance

Financial Services

Risk Management

Maritime Insurance

Property Insurance

Life Insurance

General Insurance

Professional Services

Legal Services

Relevant Teams

Legal

Compliance

Risk Management

Underwriting

Claims

Finance

Operations

Actuarial

Reinsurance

Corporate Services

Policy Administration

Business Development

Relevant Roles

Chief Risk Officer

Reinsurance Manager

Insurance Manager

Legal Counsel

Compliance Officer

Claims Manager

Underwriting Manager

Actuarial Manager

Finance Director

Operations Director

Treaty Manager

Portfolio Manager

Risk Analyst

Insurance Broker

Reinsurance Broker

Company Secretary

General Counsel

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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