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照，但依據書面合意，其收取費用僅在單純就已生效或協商中之保險契約之保險 給付或有利或不利之處提供諮詢意見或服務，而未直接或間接以被保險人名義參 與招攬、協商或訂約之保險代理人或經紀人。275
3、實質合法安排特定保險類型之人
依該模範法第 4 條 F 項之規定，本條規定不適用於實質上合於本州保險法規安排 下列保險之人：
（1）第 5 條所規定之剩餘保險（Surplus lines insurance）。
（2）依本州保險法規定，保險人不需取得營業許可即可經營之交易。
（3）再保險。
（4）從事州際間或外州商業之鐵路或空運之財產或設施、水險及運送保險。
（5）於保單簽發時，所承保之財產、風險或曝險不在本州境內或在本州境內實 現，且經合法在境外招攬、簽約或遞交之保單，於保單簽發後之交易。
至於所謂「剩餘保險」，依該模範法第 5 條 A 項（3）款前段之規定，係指全 部保險金額或險種無法自本州許可經營保險業務之保險人獲得之保險。依據同條 項款後段之規定，剩餘業務得向合格剩餘業務保險人投保，但須事先以適當方法 向經許可在本州經營業務之保險人查詢。276
第五項 新加坡法律規定與實務作法
（一） 新加坡保險法(Insurance Act)相關規定
新加坡保險法第 35ZE 條第一項原則上禁止依新加坡法律登記設立之保險經
275 Section 4E 2nd paragraph: This Section shall not apply to a person, properly licensed as an agent or broker in this state who, for a fee and pursuant to a written agreement, is engaged solely to offer to the insured advice, counsel or opinion, or service with respect to the benefits, advantages or disadvantages promised under any proposed or in-force policy of insurance if the person does not, directly or indirectly, participate in the solicitation, negotiation or procurement of insurance on behalf of the insured.
276 Section 5A(3): The full amount or type of insurance cannot be obtained from insurers who are admitted to do business in this state. The full amount or type of insurance may be procured from eligible surplus lines insurers, provided that a diligent search is made among the insurers who are admitted to transact and are actually writing the particular type of insurance in this state if any are writing it.
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(reinsurance)、新加坡境外之風險(risks outside Singapore)及其他經法律規定之風險 (such other risks as may be prescribed)則不受上開規定拘束279。所謂「新加坡境外之風險」乃指該風險若由新加坡註冊之保險人所承保時，
依附表一將被界定為屬境外保單(off-shore policy)者280。所謂「境外保單」則指由 新加坡註冊在新加坡經營保險業之保險人簽發，一切非屬「新加坡保單」
277 Insurance Act §35ZE(1) [“Subject to sections 35ZF and 35ZG, no registered insurance broker shall, in the course of its business as such, negotiate any contract of insurance with an insurer (directly or indirectly) except with a registered insurer acting in the course of its business as such.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=dba274b6-f0b9-47e4-b62d-96e0106bff37;page=0;q uery=DocId%3A3bf026f8-05d6-4c03-8df7-d34478f721a4%20Depth%3A0%20ValidTime%3A17%2F10%2F20 15%20TransactionTime%3A17%2F10%2F2015%20Status%3Ainforce;rec=0#pr35ZE-he-, last visited: on 17/10/2015, you requested the version in force on 17/10/2015 incorporating all amendments published on or before 17/10/2015. The closest version currently available is that of 01/07/2015.
278 Insurance Act §35ZE(3) [“Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 3 years or to both.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
279 Insurance Act §35ZE(2) [“The reference in subsection (1) to a contract of insurance shall not apply to —(a)reinsurance;(b) business relating to risks outside Singapore; or (c) such other risks as may be prescribed.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
280 Insurance Act §35ZE(4) [“In subsection (2), “risks outside Singapore” means any risk which would be classified as an offshore policy as defined in the First Schedule had the risk been underwritten by a registered insurer in Singapore.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
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若新加坡金融署(Monetary Authority)基於承保風險之特殊性或其他例外情 況，認為遵守前開保險法第 35ZE 條實務上係不妥適者，得例外准許經核准設立
281 Insurance Act, First Schedule, Sec. 2(1)[“Subject to this paragraph and section 16(3) and (4) of the Act,
“Singapore policy”, in relation to any insurer, means a policy issued in the course of the insurer’s business in Singapore and falling within one of the following descriptions: (a) in relation to a life policy or accident and health policy — (i) where the policy owner is an individual, the policy owner or insured is ordinarily resident in Singapore at the date of the proposal in respect of the policy (proposal date); (ii) where the policy owner is not an individual, the policy owner’s address is or was an address in Singapore at the date of issue of the policy and at the date of the establishment of the insurer’s register of Singapore policies (if the policy was issued before then); (b) in relation to direct general insurance (other than short-term accident and health policies) and facultative general reinsurance, a policy where the risk arises in Singapore or — (i) where the insured is an individual, the insured is ordinarily resident in Singapore; or (ii) where the insured is not an individual, the insured is a person resident in Singapore or has a permanent establishment in Singapore; and (c) in relation to treaty general reinsurance, a policy where more than 25% of the total risks in terms of gross premiums arises in Singapore.”].
http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=9193c507-ff54-4421-942b-4d221d5ccaea;page=0;q uery=DocId%3A3bf026f8-05d6-4c03-8df7-d34478f721a4%20Depth%3A0%20ValidTime%3A17%2F10%2F20 15%20TransactionTime%3A17%2F10%2F2015%20Status%3Ainforce;rec=0#Sc1-, last visited: on 17/10/2015.
282 Insurance Act, First Schedule, Sec. 2(2)[“a policy where — (a) the insured is an individual and the insured is ordinarily resident in Singapore; or (b) the insured is not an individual and the insured is a person resident in Singapore or has a permanent establishment in Singapore, shall not be regarded as a Singapore policy if it is in respect of cargo transported from a place outside Singapore to a place outside Singapore, whether or not the cargo is in transit in Singapore.”].
http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=9193c507-ff54-4421-942b-4d221d5ccaea;page=0;q uery=DocId%3A3bf026f8-05d6-4c03-8df7-d34478f721a4%20Depth%3A0%20ValidTime%3A17%2F10%2F20 15%20TransactionTime%3A17%2F10%2F2015%20Status%3Ainforce;rec=0#Sc1-, last visited: on 17/10/2015.
283 Insurance Act §35ZF(1) [“Where in any particular case the Authority is satisfied that, by reason of the exceptional nature of the risk or other exceptional circumstances, it is not reasonably practicable to comply with section 35ZE, the Authority may permit any registered insurance broker — (a) to negotiate the contract of insurance with such insurer as the insurance broker sees fit; and (b) if in the opinion of the Authority the case requires it, to effect the contract of insurance and receive the premium in Singapore on behalf of such insurer.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
284 Insurance Act §35ZG(1) [“Without prejudice to section 35ZF, a registered insurance broker may negotiate any
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insurance scheme)，該分支機構應設代表人(administrator)，且需為新加坡居民286。 其主要任務為職司該外國保險機構之運作及掌管該外國保險業於新加坡境內營contract of insurance referred to in section 35ZE with a foreign insurer under a foreign insurer scheme under Part IIA if he is authorised to do so under a licence issued by the Authority.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
285 Insurance Act §35A [“’foreign insurer’ means an insurer — (a) that is authorised under the law of another country or territory to carry on insurance business in that country or territory; and (b) that is not registered as an insurer under section 8; ‘foreign insurer scheme’ means any foreign insurer scheme referred to in section 35B.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
286 Insurance Act §35C (1), (2) [“The Authority shall, in respect of any foreign insurer scheme, appoint an administrator who shall be resident in Singapore. Any person who wishes to be appointed as an administrator in respect of any foreign insurer scheme may apply to the Authority in such form and manner as the Authority may require.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
287 Insurance Act §35C (3) [“Upon receiving an application under subsection (2), the Authority may grant the application either unconditionally or subject to such conditions as the Authority thinks fit or reject the application.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
288 Insurance Act §35C (4) [“An administrator appointed under subsection (1) shall, in respect of the foreign insurer scheme for which the administrator is appointed — (a) have such responsibility for the operation of the scheme as may be prescribed; and (b) carry out such tasks in relation to the carrying on of insurance business in Singapore by the foreign insurers under the scheme as may be directed by the Authority or as may be
prescribed.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
289 Insurance Act §35ZG(2),(3), (4) [“In issuing a licence under subsection (1), the Authority may impose such conditions as it thinks fit and may at any time add to, vary or revoke such conditions. The issue of a licence by the Authority under subsection (1) shall be subject to the payment of such annual fees as may be prescribed.”].
Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
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另實務上新加坡之理財顧問(financial advisor)得為新加坡居民透過設立海外信託 帳戶(oversea trust)方式，向未經核准之海外保險人洽訂人壽保險契約，蓋海外信 託人所持有之保單被視為境外保單，原則無需經金融署事先核准，但若實際之保290 Monetary Authority of Singapore, FREQUENTLY ASKED QUESTIONS (“FAQs”) ON SECTION 6 OF THE INSURANCE ACT AND SECTION 33 OF THE FINANCIAL ADVISERS ACT
http://www.mas.gov.sg/~/media/resource/legislation_guidelines/fin_advisers/fin_advisers_act/faqs/FAQ%20for
%20Section%206%20of%20the%20Insurance%20Act%20and%20Section%2033%20of%20the%20Financial%
20Adviser%20Act.pdf, last visited: on 17/10/2015.
291“Offshore policy”, in relation to any insurer, means any policy, other than a Singapore policy, issued in the course of the insurer’s business in Singapore.
FIRST SCHEDULE 2-(3) of Insurance Act (CHAPTER 142) (Original Enactment: Act 46 of 1966) REVISED EDITION 2002 (31st December 2002)
http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A3bf026f8-05d6-4c03-8df7-d344 78f721a4%20Depth%3A0%20Status%3Ainforce;rec=0;whole=yes#Sc1-, last visited: on 17/10/2015.
292 Monetary Authority of Singapore, FREQUENTLY ASKED QUESTIONS (“FAQs”) ON SECTION 6 OF THE INSURANCE ACT AND SECTION 33 OF THE FINANCIAL ADVISERS ACT
http://www.mas.gov.sg/~/media/resource/legislation_guidelines/fin_advisers/fin_advisers_act/faqs/FAQ%20for
%20Section%206%20of%20the%20Insurance%20Act%20and%20Section%2033%20of%20the%20Financial%
20Adviser%20Act.pdf, last visited: on 17/10/2015.
293 “Singapore's offshore insurance business could nearly triple to S$18 billion (US$14 billion) of gross premiums written in 2023 from S$6.1 billion in 2013, assuming Asia-Pacific's non-life insurance industry continues to grow at robust rates for the next decade, according to Standard and Poor's. The region's non-life industry grew by 8% annually over the past decade and contributed to 11% growth in Singapore's offshore insurance industry.”
Singapore: Growth of offshore insurance hub hinges on expertise, Source: eDaily, Asia Insurance review, 20 Aug 2014.
http://www.asiainsurancereview.com/News/View-NewsLetter-Article/id/30897/type/eDaily/Singapore-Growth-o f-offshore-insurance-hub-hinges-on-expertise, last visited: on 17/10/2015.
294 林勳發，跨國、境外與剩餘保險相關規範之檢討與修訂建議，保險專刊第 31 卷第 4 期，頁 343-346，2015 年 12 月。