The Dubai Financial Services Authority (DFSA), the independent financial services and markets regulator of Dubai International Financial Centre (DIFC), has imposed a fine of $455,176 on reinsurance brokerage Ed Broking (MENA) for a number of contraventions of DFSA legislation, including engaging in misleading and deceptive conduct.
The DFSA determined that the firm:
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respectively provided cedent insurers (the firm’s clients) – being the original insurers issuing the underlying policies – and reinsurers with two different premiums in respect of the same reinsurance placement;
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misled reinsurers about the deductions applied on the premium and the brokerage commission earned by the Firm; and
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misled a client about the brokerage earned by the Firm from 121 placements, as well as the deductions to the premium from some of those placements.
“The misconduct was facilitated by the firm’s practice of not disclosing brokerage commissions to its clients and its failure to adhere to its own systems and controls.
Further, the misconduct involved the use of altered documents,” said the DFSA.
The DFSA also found that the firm:
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failed to take reasonable steps to ensure that the communications with cedent insurers and reinsurers were clear, fair, and not misleading; and
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failed to act with due skill, care, and diligence.
The DFSA acknowledges that the firm promptly reported the misconduct to the DFSA, conducted an internal investigation, and paid restitution to clients in respect of placements in which altered documents were used.
Mr Alan Linning, Managing Director, Enforcement, of the DFSA, said, “The Dubai Financial Services Authority (DFSA) expects financial services firms within Dubai International Financial Centre (DIFC) to uphold the highest standards of conduct in their business dealings. In misleading clients and reinsurers as it did, Ed Broking (the firm) failed to meet these expectations. The fine imposed on the firm reflects the seriousness of its misconduct and serves to warn others against engaging in similar conduct.”
As part of its strategy and ongoing mission, the Authority will continue to implement stringent enforcement measures and provide clear regulatory guidance to ensure that all entities operating within the Centre adhere to the highest standards of regulation and ethical conduct, the DFSA said.