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General Insurance.

While fintech feels like today’s next big thing, we’ve been helping financial services and credit businesses innovate since 2002

Underwriting Agencies

industry sectors Underwriting Agencies

General Insurance Distributors

industry sectors General Insurance Distributors

General Insurance Brokers

industry sectors General Insurance Brokers

Insurers (including Lloyd’s)

industry sectors Insurers (including Lloyd’s)

Discretionary Mutuals & Captives

industry sectors Discretionary Mutuals & Captives

The Fold began as a dedicated insurance firm when the AFS licensing regime was first introduced in 2002. Since then we’ve developed a reputation for a unique capability to manage the interplay between commercial objectives and maintaining compliance with the regulatory requirements that apply to the offer of insurance.

Helping general insurance businesses to design the optimum distribution strategy through affinity relationships and channels is what we do best. We also specialise in alternative risk structures including captives and discretionary mutuals.

Brokers industry-wide know us for our contract review service. It’s considered the best around because we provide drafting changes that really work and avoid insurance jargon so that brokers’ clients can easily understand what’s covered. We’re focused on practical outcomes not just advice and we enjoy helping the industry educate its SME buyers.

We specialise in providing accessible, cost effective services to specialist insurance businesses, including brokers, underwriting agencies, Lloyd’s Australian coverholders, discretionary mutuals, captives and other intermediaries. Whether you’re establishing your business, seeking a licence, setting up new distribution channels, or wanting to sell, we’d love to help!

SOME OF THE WAYS WE HELP OUR CLIENTS.
  •  Strategic regulatory matters
  •  AFS licensing including applications, variations and responsible manager appointments
  •  Insurance policy wording, drafting and legal sign off
  •  Disclosure documents including Product Disclosure Statements (PDSs)
  •  Reviewing websites and other marketing and promotional material
  •  Product development/new insurance products
  •  Distribution arrangements
  •  Appointing authorised representatives, referrers and distributors
  •  Monitoring and supervision systems and processes
  •  Breach management and reporting
  •  ASIC liaison, investigations and enforceable undertakings
  •  EDR complaints and PI issues
  •  Business establishment and structuring
  •  Sales and acquisitions, portfolio transfers and insurance business transfers
  •  Commercial agreements including binders, distribution agreements, joint ventures, contractor and employment agreements
  •  Alternative risk structures, mutuals and captives
  •  Contract review
Three trends we’re excited about
  •  Microinsurance is disrupting the industry and the view that insurance is expensive and only for developed countries. Providers are taking advantage of mobile phones and payment technologies to make insurance cheaper and accessible to new low income markets and positively impacting the whole economy of some developing countries.
  •  Everyone is focused on the SME market and those who are well placed to tap this market will be streets ahead of others. You’ll need to be nimble, responsive and able to change to be successful.
  •  Many in the market are suggesting it’s very early days in a three year period of rates hardening. This stage in the cycle is usually when businesses start to investigate alternative risk financing vehicles like captives and mutuals.
  • Responsible Managers Masterclass

    Are you sure that your managers have enough knowledge of the AFS requirements to keep you on the right side of the regulator?

    These sessions are for Responsible Managers, compliance managers and indeed any senior manager of a financial services business.

    It takes a full day, but includes lots of interactive activities to keep you on your toes.

    It covers the following areas:

    •  The Role and Responsibilities of Responsible Managers – what it means to be a Responsible Manager, the qualifications and experience required, responsibilities and overall liabilities involved.
    •  Regulation in the Financial Services Industry – who are the regulators and what do they do.
    •  Providing Financial Services – what is a financial or credit service and what compliance and disclosure obligations apply.
    •  AFS Licensees’ Obligations – an in-depth view of all the regulatory requirements that apply to financial services and credit businesses.

    Contact us for more information or to design or book a training session.

  • Marketing Material Compliance

    It’s quite surprising how many laws apply to marketing or advertising financial services.

    And how different they are to other types of marketing. Sure you can consult the ACMA website which has loads of useful material, but you’ll risk missing the specific elements for our industry.

    This training is a ‘must have’ for brand and marketing managers, especially extensive direct marketers. It will cover the laws and obligations which apply to marketing financial services – both direct and through intermediaries.

    Topics covered include:

    •  Holding out
    •  Business documentation
    •  Consumer protection
    •  Advertising guidelines
    •  Telemarketing
    •  Online marketing
    •  Email marketing
    •  Viral marketing

    Contact us for more information or to design or book a training session.

  • Distribution

    Distribution is king!

    Increasingly, financial services businesses are searching for affinity relationships and channels to reach a wider market place. We have worked with a broad range of insurance businesses who distribute their products online, through other people or under someone else’s brand. If you’re doing it or want to get into it, chances are we have seen it before or can lend our expertise to what you’re doing!

    The Fold’s training and facilitation in this area include:

    •  Workshops to design new distribution channels using The Fold’s unique “Influencing Spectrum" to choose the appropriate affinity model;
    •  Upskilling your compliance team and managers to manage and monitor your distribution; and
    •  Training the sales team on what they can and can’t do at the point of sale. We offer workshops and webinars, or we can design and host interactive online training for the entire sales team.

    All sessions can be tailored to suit your team’s needs and capabilities.

    Contact us for more information or to design or book a training session.

  • Contractual liabilities

    The Fold‘s contractual liabilities training covers any or all of the following issues – and we can tailor it to focus on the contracts that your clients bring to you.

    Key topics include:

    •  Navigating a contract and identifying the key issues for clients
    •  Proportionate liability – how does this impact on indemnity clauses and liability insurance?
    •  Joint insured, named insured, interested party and principal's liability – what’s the difference and when to use?
    •  Leases – tips and traps for retail shop and other commercial leases
    •  Labour hire – how do the parties to these arrangements get the right outcome?
    •  Mining/infrastructure – how to deal with the 'knock for knock' and other arrangements?

    Contact us for more information or to design or book a training session.

 

The Fold is always very willing to help. They are solicitors that have developed highly specialised knowledge and skills around the Australian Insurance Broking sector in the areas of compliance, contractual liability and insurance law. No matter how specific the question or request for advice, they can usually answer it off the tops of their heads; or provide a thorough written advice if required. Steadfast engages them as we believe they offer the most professional and comprehensive tools and advice and it is very important to us that we provide the best available advice and services to our brokers. In our opinion, The Fold is the most professional, best resourced firm that provides insurance broker specific compliance and contractual liability advice and tools in Australia.
Steadfast Group, Allan Reynolds

 
 

A small firm using technology, clear-headed strategy and imagination to punch above its weight in a specialist market. The Fold’s focus on not over-lawyering is ahead of the curve...
2015 Legal Innovation Index

 
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