Commonwealth Consolidated Acts

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LIFE INSURANCE ACT 1995 - SECT 59

Allocation of operating profit etc.

             (1)  A life company must allocate all of the operating profit or loss of a category of business of a statutory fund for a period.

             (2)  A life company allocates an operating profit for a period by identifying in its financial statements prepared as at the end of the period:

                     (a)  the amount of the profit; and

                     (b)  the amount of the profit that should be treated as, or added to, Australian policy owners' retained profits; and

                     (c)  the amount of the profit that should be treated as, or added to, overseas policy owners' retained profits; and

                     (d)  the amount of the profit that should be treated as, or added to, shareholders' retained profits (Australian participating); and

                     (e)  the amount of the profit that should be treated as, or added to, shareholders' retained profits (overseas and non-participating).

             (3)  A life company allocates an operating loss for a period by identifying in its financial statements prepared as at the end of the period:

                     (a)  the amount of the loss; and

                     (b)  the amount representing the portion of the loss to be taken into account in reduction of Australian policy owners' retained profits; and

                     (c)  the amount representing the portion of the loss to be taken into account in reduction of overseas policy owners' retained profits; and

                     (d)  the amount representing the portion of the loss to be taken into account in reduction of shareholders' retained profits (Australian participating); and

                     (e)  the amount representing the portion of the loss to be taken into account in reduction of shareholders' retained profits (overseas and non-participating).

             (4)  A life company must allocate to shareholders' capital of a statutory fund all capital payments made to the fund under section 37.

             (5)  A company allocates a capital payment by:

                     (a)  identifying in its financial statements prepared as at the end of the period in which the payment was made the amount of the payment; and

                     (b)  identifying that amount as an amount that should be added to shareholders' capital.



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