Investing in Insurtech Start-ups
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Investing in Insurtech Start-ups Start Comparison
Are there any limitations or criteria on the type of start-up that an insurer can invest in? Does the start-up need to be registered with any authority?

Generally speaking, there are no specific statutory limitations or criteria on the type of start-ups that an insurer can invest in. Insurers should, however, observe the Guideline on Asset Management by Authorised Insurers ("GL13") in making its investments.

What are the available options in terms of investments that an insurer can make in an insurtech start-up?

The insurer can invest in an insurtech start-up either as equity instruments or by granting of loans.

What are the restrictions on investing in an onshore insurtech start-up?

There are no specific statutory restrictions on investing in an onshore start-up. Insurers should, however, observe the Guideline on Asset Management by Authorised Insurers in making its investments.

What are the restrictions on investing in an offshore insurtech start-up? Is approval required from the regulators?

There are no specific statutory restrictions on investing in an offshore start-up. Insurers should, however, observe the Guideline on Asset Management by Authorised Insurers in making its investments.

Is an insurer permitted to grant loans to an insurtech start-up? Under what conditions?

There are no specific statutory restrictions on granting loans to start-ups. Insurers should, however, observe the Guideline on Asset Management by Authorised Insurers.

What type of corporate approvals is required for an insurer to invest in an insurtech start-up?

There are no specific statutory requirements. Insurers should follow their internal investment process and usually, approval from the investment committee and board would be required.

Are there any general minority shareholder protection mechanisms in your jurisdiction?

The law provides for various avenues for the protection of minority shareholders, such as application to court for inspection of records of the company, petition to the court for relief for unfair prejudice or bringing a derivative action.

Are there any restrictions on the insurer in terms of appointing its own staff or management to join the insurtech start-up's board of directors or management team?

Generally, there are no statutory restrictions, subject to any consideration on potential conflict of interest, and provided that it will not affect the fitness and propriety of the relevant management staff.

Are there any restrictions on entering into a service contract with the insurtech start-up upon completion of the investment? (a) Any connected party transaction restrictions? (b) Any prerequisite approvals required from the regulators or from internal committees?
  1. There is none, assuming that the insurer is not a listed company and is not subject to listing rules.
  2. Depending on the type of services provided, the contract may be subject to the relevant regulatory requirements under the outsourcing regime and may need clearance from the Insurance Authority.
Are there any regulatory requirements on the disclosure of the transactions and connected transactions thereafter between the insurer and the insurtech start-up?

There are none from the insurance regulatory perspective, except for notification or approval requirements under the outsourcing regime.

To what extent can the insurer provide operational support to the insurtech start-up?

There are no specific statutory restriction. General principles will apply, such as it should be at arm's length, it should not affect policyholders' interest, fitness and propriety and the financial position of the insurer, or give rise to a potential conflict of interest situation.

What type of remuneration is permitted for the insurer to offer to the insurtech start-up?

There are no specific statutory restriction. General principles will apply, such as it should be at arm's length; it should not affect policyholders' interest, fitness and propriety and the financial position of the insurer; or give rise to a potential conflict of interest situation.

How can the insurtech start-up transfer the intellectual property rights for its

Intellectual property rights are generally transferred through an assignment agreement.

Are there any laws governing the collection, usage, storage, disclosure and transfer of personal data between the insurer and the insurtech start-up?

The Personal Data (Privacy) Ordinance and the relevant codes issued by the Privacy Commissioner regulates the collection, use, retention, disclosure and transfer of personal data in Hong Kong.