ILG expresses its opinion on Ministerial Resolution No. (5) of 2021 issued by His Excellency the Minister of Finance regarding the amendment of the executive regulations of Law No. 106 / 2016 issued by Ministerial Resolution No. 37 of 2013, and the Insurance Regulatory Unit has been added as a supervisory authority concerned with monitoring the insurance sector.

However, there are several comments on this decision:

FIRST

Not to transfer the supervisory jurisdiction over brokers and agents to the Insurance Regulatory Unit even though the insurance broker, reinsurance broker and insurance agent are considered insurance professions subject to the supervision of the Insurance Regulatory Unit.

second

The name of the Kuwait Lawyers Bar Association was supposed to be changed to the Kuwait Society of Lawyers, but the Kuwaiti Court of Cassation issued its ruling in 2015 upholding the cancellation of the decision of the Ministry of Social Affairs and Labor, and thus the Society of Lawyers returned to its previous entity. To this day, it is still considered among the associations of public interest under the name “Kuwait Lawyers Bar Association”, and accordingly, if the situation remains as it is under the name “Bar Association”, there will be no supervisory and supervisory body for lawyers’ offices, even if it is currently considered a professional union because it did not meet this form legally.

third

The question arises whether the urgent discharge of matters justifies the issuance of Resolution No. (5) of 2021 regarding the amendment of the executive regulations of Law No. 106 of 2016 issued by Ministerial Resolution No. 37 of 2013?

opinion

ILG believes that this decision is invalid because the minister has to deal with urgent matters of his ministry only, and not including issuing regulations or amending organizational or executive regulations.

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