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Review and direction

Review

Power to conduct reviews
1. The Council may at any time order a review of the affairs or any aspect of the affairs of a member that may in any way relate to his permission to underwrite or his membership of the Society.

Membership Byelaw, paragraph 35

2. Any review ordered under paragraph [1. above] may be conducted by such person or persons as may be nominated by the Council.

Membership Byelaw, paragraph 36

3. A person conducting a review of a member under paragraph [1. above] may require a member or, in respect of any corporate member, any director, partner, officer, agent or employee thereof or a managing agent or a members’ agent– 

(a) to attend before him at such time and such place as he may specify; 

(b) to answer questions or otherwise provide information to him; 

(c) to produce or give to him all such documents and other materials in its or his possession, custody or power as the person conducting the review may reasonably require for the purposes of the review.

Membership Byelaw, paragraph 37

4. Where a person conducting a review requires the production of documents or other materials, in the case of a corporate member, that person may require the corporate member or a managing agent or a members’ agent to – 

(a) provide him with all reasonable facilities in its premises for the purposes of examining or reviewing such documents or other materials; 

(b) permit him to copy or take extracts from them on the premises or elsewhere; 

(c) by a director, officer, agent or employee thereof, or partner therein, provide an explanation of them and if any of such documents or materials are not produced, to state, to the best of his knowledge or belief, where such documents or other materials are.

Membership Byelaw, paragraph 38

Power to require production of reports 
5. The Council may require any member to provide it with a report on any matter about which the Council may order a review of under paragraph [1. above]. The Council may require that the report – 

(a) be undertaken by a person nominated or approved by the Council with every assistance of the member as that person may reasonably require; 

(b) contain such information and be in such form as the Council may determine; 

(c) be undertaken at the cost of the member in question; and 

(d) be submitted to Council on such date as it may prescribe.

Membership Byelaw, paragraph 39

Directions, conditions and requirements

1. The Council may at any time give such directions or impose such conditions or requirements on any member (or any class or group thereof) as it thinks reasonably necessary or appropriate. Without prejudice to the generality of the foregoing, a direction, condition or requirement given or imposed under this paragraph may include a direction, condition or requirement for the purposes of – 

(a) ensuring that the member will be or will continue to be suitable to be a member or that the member should have or continue to have permission to underwrite insurance business at Lloyd’s; 

(b) requiring that a member provide further security in respect of his underwriting business at Lloyd’s, including the provision of further funds at Lloyd’s; 

(c) directing that the member cease, or reduce the level of, his underwriting business at Lloyd’s, underwriting business of a specified class or underwriting business through a specified syndicate at Lloyd’s; 

(e) setting overall premium limits, general business premium limits, long term  business premium limits and member’s syndicate premium limits; 

(f) protecting – 

(i) the name, reputation or standing of the Society or of its members; 

(ii) the general rating or ratings of the Lloyd’s market applying to policies of insurance underwritten by members of the Society; 

(iii) the assets of the Society including the assets of the New Central Fund; and 

(iv) the authorisation of members of the Society to conduct insurance business in the United Kingdom and overseas; and 

(g) ensuring compliance by that member with the requirements of Lloyd’s Acts 1871 to 1982 and the requirements of the Council; and 

(h) ensuring compliance by that member with the requirements of the Financial Services Authority.

Membership Byelaw, paragraph 40

2. The Council may from time to time add to, amend or withdraw any direction, condition or requirement given or imposed under Review and Direction: Directions, conditions and requirements.

A member shall act in accordance with any direction, condition or requirement given to or imposed upon him under the Membership byelaw.

Membership Byelaw, paragraph 41