Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 3 - Jul/Aug/Sep 2021

BNM Issues Exposure Draft of Policy Document on Bancassurance/Bancatakaful

On 30 August 2021, Bank Negara Malaysia ("BNM") issued the Bancassurance/Bancatakaful Exposure Draft ("Exposure Draft") for industry feedback. The Exposure Draft outlines the requirements for Bancassurance/Bancatakaful arrangements which will apply to existing and new Bancassurance/Bancatakaful arrangements, including renewals.

The Exposure Draft aims to:

  1. ensure Bancassurance/Bancatakaful subsists as a viable, widely accessible channel for consumers to purchase insurance and takaful products;
  2. promote sound market conduct practices which safeguard consumers’ interest through needs-based sales, disclosure, and enhanced transparency; and
  3. promote market competitiveness while preserving consumer choice.

The Exposure Draft, which is more comprehensive relative to the existing Bancassurance Guidelines, sets out, inter alia:

  1. the responsibilities of the Board and senior management about the governance and management of its Bancassurance/Bancatakaful arrangements;
  2. the conditions or appropriate targets tied to the payment of upfront fees, to ensure all parties to the Bancassurance/Bancatakaful arrangement deliver quality sales and prevent misaligned incentives from developing;
  3. the requirements that all upfront fees (including service fees, facilitation fees or any type of fees related to or forming the upfront fees) payable by a licensed person to its Bancassurance/Bancatakaful partner, or any other party on its behalf, shall come from the licensed person’s shareholders fund;
  4. the quality of sales, including formulating robust internal policies, procedures, and controls with respect to its Bancassurance/Bancatakaful persistency rates;
  5. the clear demarcation of responsibilities and accountability between the licensed person and the Bancassurance/Bancatakaful partner;
  6. the transparency and disclosure requirements in marketing; and
  7. the minimum qualifications and training requirements, including minimum eight hours of annual professional development requirement (CPD) for staff of Bancassurance/Bancatakaful partners.

The deadline for providing feedback on the Exposure Draft was 30 September 2021. BNM is presently contemplating an effective date six months after the issuance of the final policy document.

Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.


Christopher & Lee Ong
Level 22, Axiata Tower ,
No. 9 Jalan Stesen Sentral 5
Kuala Lumpur Sentral,
50470 Kuala Lumpur, Malaysia


Yon See Ting
Managing Partner
D +603 2278 8311
F +603 2278 8322

Lee Hock Chye
D +603 2273 1919
F +603 2273 8310

Fiona Sequerah
D +603 7958 8310
F +603 7958 8311

Lim Wee Hann
D +65 62320606

Yau Yee Ming
D +603 2278 8311
F +603 2273 8322

Kuok Yew Chen
D +603 7958 8310
F +603 7958 8311

Rajah & Tann Asia is a network of legal practices based in Asia.

Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update.