This document summarizes Section 45 of the Insurance Act of 1938 as amended in 2015, which governs when an insurance policy can be called into question. It states that a policy cannot be called into question for any reason after 3 years except in cases of fraud. For fraud, a policy can be questioned within 3 years. It also defines fraud and outlines the process for an insurer to repudiate a policy within the 3 year period.
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LIC's Jeevan Rakshak Plan is a participating non-linked plan which offers a combination of protection and savings. This plan provides financial support for the family in case of unfortunate death of the policyholder any time before maturity and a lump sum amount at the time of maturity for the surviving policyholder. This plan also takes care of liquidity needs through its loan facility.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
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1. [Disclaimer: This is not a comprehensive list of Section 45
of the Insurance Act, 1938, as amended by the Insurance
Laws (Amendment) Act, 2015 and only a simplified version
prepared for general information. Policyholders are advised
to refer to the Insurance Laws (Amendment) Act, 2015, for
complete and accurate details.]
Prohibition of Rebates (Section 41 of the Insurance Act,
1938 as amended by the Insurance Laws (Amendment)
Act, 2015)
1)
No person shall allow or offer to allow, either directly
or indirectly, as an inducement to any person to take
out or renew or continue an insurance in respect of any
kind of risk relating to lives or property in India, any
rebate of the whole or part of the commission payable
or any rebate of the premium shown on the policy, nor
shall any person taking out or renewing or continuing a
policy accept any rebate, except such rebate as may be
allowed in accordance with the published prospectuses
or tables of the insurer.
2)
Any person making default in complying with the
provisions of this section shall be liable for a penalty
which may extend to ten lakh rupees.
This product brochure gives only salient features of
the plan. For further details please refer to the Policy
document on our website www.licindia.in or contact our
nearest Branch Office.
To purchase the policy online please log on to
www.licindia.in
BEWARE OF SPURIOUS PHONE CALLS AND FICTITIOUS /
FRAUDULENT OFFERS
IRDAI is not involved in activities like selling insurance
policies, announcing bonus or investment of premiums.
Public receiving such phone calls are requested to lodge
a police complaint.
If a lapsed policy is not revived within the revival period but
before the date of Maturity, the policy will automatically
terminate. In case of Regular Premium policies, nothing shall
be payable. However, in case of Limited Premium Payment
policies, the amount as payable in case of surrender shall be
refunded and the policy will terminate.
Revival of rider, if opted for, will be considered along with
revival of the Base Policy, and not in isolation.
9. Surrender Value:
No surrender value will be available under this Plan.
However on surrender of policy in the following cases (for
both Level Sum Assured (Option I) as well as Increasing Sum
Assured (Option II) options), an amount shall be refunded
as under:
a) Regular Premium policies: Nothing shall be refunded.
b)
Single Premium Policies: Applicable refund shall be
payable anytime during the Policy Term.
c)
Limited Premium Payment: Applicable refund shall only
be payable if full premiums have been paid for at least:
i)
Two consecutive years in case of premium paying
term less than 10 years.
ii)
Three consecutive years in case of premium paying
term of 10 years or more.
In case of a lapsed policy, refund shall be payable
only during the revival period on request by the
policyholder. However, on expiry of revival period
the policy shall terminate and refund shall be paid
to the policyholder.
10. Policy Loan:
No loan will be available under this plan.
11. Taxes:
i.
Statutory Taxes, if any, imposed on such insurance plans
by the Govt. of India or any other constitutional Tax
Authority of India shall be as per the Tax laws and the
rate of tax as applicable from time to time.
The amount of any applicable taxes, as per the
prevailing rates, shall be payable by the policyholder on
premium(s) under the policy , which shall be collected
separately over and above in addition to the premiums
payable by the policyholder. The amount of Tax paid
shall not be considered for the calculation of benefits
payable under the plan.
ii.
Regarding Income tax benefits/implications on
premium(s) paid and benefits payable under this plan,
please consult your tax advisor for details.
12. Free Look Period:
If the Policyholder is not satisfied with the “Terms and
Conditions” of the policy, the policy may be returned to the
Corporation within 30 days from the date of receipt of the
policy bond stating the reasons of objections. On receipt
of the same, the Corporation shall cancel the policy and
return the amount of premium deposited after deducting
the proportionate risk premium (for base plan and rider, if
any) for the period of cover, expenses incurred on medical
examination, special reports, if any, and stamp duty charges.
13. Suicide Exclusion:
(i) Under Single premium policy:
The policy shall be void if the Life Assured (whether
sane or insane at the time) commits suicide at any time
within 12 months from the date of commencement of
the risk, the Corporation will not entertain any other
claim except for 90% of the Single Premium paid.
(ii) Regular /Limited Premium Payment policy:
This policy shall be void if the Life Assured (whether
sane or insane) commits suicide at any time within
12 months from the date of commencement of risk,
provided the policy is in force or within 12 months from
the date of revival, the Corporation will not entertain
any claim except for 80% of the premiums paid till the
date of death.
This clause shall not be applicable for a lapsed policy as
nothing is payable under such policies.
Note: Single Premium/ Premium referred above shall not
include any taxes, extra amount if charged under the policy
due to underwriting decision and any rider premium.
14. How to purchase LIC’s Tech-Term:
Step-by-step process to buy LIC’s Tech-Term Online:
1)
Log-on to our website (www.licindia.in) for buying this
online product. Click on ‘Buy Policies Online’. Select plan
LIC’s Tech-Term.
2) Click on ‘Buy Online’. Choose your desired Sum Assured,
Sum Assured option (Level/Increasing), Policy Term,
Premium Payment option (Regular/Limited/Single)
and Premium Payment Mode (Yearly/Half-yearly) for
Regular and Limited Premium Payment option, Date of
Birth, Gender and Smoking status.
3)
After filling in the details, a premium calculator will
calculate the premium for the chosen parameters.
4)
Enter other details such as Name, Address, Occupation,
Qualification etc. displayed on the screen and complete
the proposal form online.
5)
Pay premium online and fulfil the underwriting
requirements, if any.
Section 45 of the Insurance Act, 1938
The provision of Section 45 of the Insurance Act, 1938 shall
be as amended from time to time. The simplified version of
this provision is as under:
Provisions regarding policy not being called into question in
terms of Section 45 of the Insurance Act, 1938, as amended
by Insurance Laws (Amendment) Act, 2015 are as follows:
1.
No Policy of Life Insurance shall be called in question on
any ground whatsoever after expiry of 3 yrs from
a. the date of issuance of policy or
b. the date of commencement of risk or
c. the date of revival of policy or
d. the date of rider to the policy
whichever is later.
2.
On the ground of fraud, a policy of Life Insurance may
be called in question within 3 years from
a. the date of issuance of policy or
b. the date of commencement of risk or
c. the date of revival of policy or
d. the date of rider to the policy
whichever is later.
For this, the insurer should communicate in writing to the
insured or legal representative or nominee or assignees of
insured, as applicable, mentioning the ground and materials
on which such decision is based.
3.
Fraud means any of the following acts committed by
insured or by his agent, with the intent to deceive the
insurer or to induce the insurer to issue a life insurance
policy:
a.
The suggestion, as a fact of that which is not true
and which the insured does not believe to be true;
b.
The active concealment of a fact by the insured
having knowledge or belief of the fact;
c. Any other act fitted to deceive; and
d.
Any such act or omission as the law specifically
declares to be fraudulent.
4.
Mere silence is not fraud unless, depending on
circumstances of the case, it is the duty of the insured or
his agent keeping silence to speak or silence is in itself
equivalent to speak.
5.
No Insurer shall repudiate a life insurance Policy on
the ground of Fraud, if the Insured / beneficiary can
prove that the misstatement was true to the best of
his knowledge and there was no deliberate intention
to suppress the fact or that such mis-statement of or
suppression of material fact are within the knowledge of
the insurer. Onus of disproving is upon the policyholder,
if alive, or beneficiaries.
6.
Life insurance Policy can be called in question within 3
yearsonthegroundthatanystatementoforsuppression
of a fact material to expectancy of life of the insured was
incorrectly made in the proposal or other document
basis which policy was issued or revived or rider issued.
For this, the insurer should communicate in writing
to the insured or legal representative or nominee or
assignees of insured, as applicable, mentioning the
ground and materials on which decision to repudiate
the policy of life insurance is based.
7.
In case repudiation is on ground of mis-statement and
not on fraud, the premium collected on policy till the
date of repudiation shall be paid to the insured or legal
representative or nominee or assignees of insured,
within a period of 90 days from the date of repudiation.
8.
Fact shall not be considered material unless it has a
direct bearing on the risk undertaken by the insurer. The
onus is on insurer to show that if the insurer had been
aware of the said fact, no life insurance policy would
have been issued to the insured.
9.
The insurer can call for proof of age at any time if he
is entitled to do so and no policy shall be deemed to
be called in question merely because the terms of
the policy are adjusted on subsequent proof of age of
life insured. So, this Section will not be applicable for
questioning age or adjustment based on proof of age
submitted subsequently.
Registered Office:
Life Insurance Corporation of India
Central Office, Yogakshema , Jeevan Bima Marg, Mumbai-400021
Website: www.licindia.in
Registration Number: 512
2. LIC’s Tech-Term (UIN: 512N333V01)
(A Non-linked, Non-participating,
Pure Risk Premium Plan)
LIC’s Tech-Term is a Non-Linked, Non-participating Online
Pure Risk Premium Plan which provides financial protection
to the insured’s family in case of his/her unfortunate death
during the policy term. This plan will be available through
online application process only and can be purchased
anytime, anywhere at your convenience.
Key features of LIC’s Tech-Term:
• Flexibility to choose from two benefit options: Level
Sum Assured and Increasing Sum Assured.
• Flexibility to
o Choose from Single Premium, Regular Premium
and Limited Premium Payment
o Choose the Policy Term/Premium Paying Term
o Opt for payment of benefit in instalments.
• Special rates for women.
• Benefit of attractive High Sum Assured Rebate.
•
Two categories of premium rates namely
(1) Non-Smoker rates and (2) Smoker rates. The
application of Non-Smoker rates shall be based on
the findings of the Urinary Cotinine test. In all other
cases, the Smoker rates will be applicable.
•
Option to enhance your coverage by opting for Accident
Benefit Rider on payment of additional premium for the
rider benefit.
Eligibility conditions and other Restrictions:
a) Minimum Age at entry : [18] years (Last Birthday)
b) Maximum Age at entry : [65] years (Last Birthday)
c) Maximum age at Maturity : [80] years (Last Birthday)
d) Minimum Basic Sum Assured : Rs. 50,00,000/-.
e) Maximum Basic Sum Assured: No Limit
The Basic Sum Assured shall be in multiples of:
Rs. 5,00,000/-, if Basic Sum Assured for the policy is Rs.
50,00,000/- to Rs. 75,00,000/-.
Rs. 25,00,000/-, if Basic Sum Assured for the policy is
above Rs. 75,00,000/-.
f) Policy Term : [10 to 40] years
g) Premium Paying Term :
Regular Premium : Same as policy term
Limited Premium :
[Policy Term minus 5] years for
Policy Term [10 to 40] years
:
[Policy Term minus 10] years for
Policy Term [15 to 40] years
Single Premium : NA
Plan Features:
1. Death Benefit:
Death benefit payable in case of admissible death claim
during the policy term, provided the policy is inforce shall
be “Sum Assured on Death”.
For Regular premium and Limited premium payment policy,
“Sum Assured on Death” is defined as the highest of:
• 7 times of annualised premium; or
•
105% of all the premiums paid as on the date of death;
or
• Absolute amount assured to be paid on death.
For Single premium policy, “Sum Assured on Death” is
defined as the higher of:
• 125% of Single Premium.
• Absolute amount assured to be paid on death.
Premiums referred above shall not include any extra amount
chargeable under the policy due to underwriting decision
and rider premium(s), if any.
Absolute amount assured to be paid on death shall depend
on Death Benefit Option chosen at the time of taking this
policy and is as under:
o Option I: Level Sum Assured
Absolute amount assured to be paid on death shall be
an amount equal to Basic Sum Assured, which shall
remain the same throughout the policy term.
o Option II: Increasing Sum Assured
Absolute amount assured to be paid on death shall
remain equal to Basic Sum Assured till completion
of fifth policy year. Thereafter, it increases by 10%
of Basic Sum Assured each year from the sixth policy
year till fifteenth policy year till it becomes twice the
Basic Sum Assured. This increase will continue under
an inforce policy till the end of policy term; or till the
Date of Death; or till the fifteenth policy year, whichever
is earlier. From sixteenth policy year and onwards, the
Absolute amount assured to be paid on death remains
constant i.e. twice the Basic Sum Assured till the policy
term ends.
For example, Absolute amount assured to be paid on
death under a policy with Basic Sum Assured of Rs. X
will be Rs. X till the end of fifth policy year, Rs. 1.1X
during the sixth policy year, 1.2X during seventh policy
year, increasing so on by 10% of Basic Sum Assured each
year till it becomes 2X in fifteenth policy year. From
the sixteenth policy year and onwards, the Absolute
amount assured to be paid on death will be 2X.
The Death Benefit Option once chosen cannot be changed
later.
2. Maturity Benefit:
On survival of the life assured to the end of the policy term,
no maturity benefit is payable.
3. Options available:
i. Rider Benefit:
The policyholder has an option of availing LIC’s Accident
BenefitRider(UIN:512B203V03)underRegularPremiumand
Limited Premium payment mode by payment of additional
premium during the Premium Paying Term, provided the
outstanding premium paying term is atleast five years. The
benefit cover under this rider shall be available during the
Premium Payment Term only or up to the policy anniversary
on which age nearest birthday of the Life Assured is 70
years, whichever is earlier. If this rider is opted for, in case
of accidental death, the Accident Benefit Rider Sum Assured
will be payable as lumpsum along with the death benefit
under the base plan.
The premium under this rider shall not exceed 100% of the
premium under the Base plan. The Accidental Benefit Sum
Assured shall not exceed the Basic Sum Assured under the
policy.
For more details on this rider, refer to the Rider brochure on
our website www.licindia.in.
ii. Option to take Death Benefit in instalments:
This is an option to receive death benefits in instalments
over the chosen period of 5 or 10 or 15 years instead of lump
sum amount under an inforce policy. This option can be
exercised by Life Assured during his/her lifetime; for full or
part of Death benefits payable under the policy. The amount
opted for by the Life Assured (i.e. Net Claim Amount) can be
either in absolute value or as a percentage of the total claim
proceeds payable.
The instalments shall be paid in advance at yearly or half-
yearly or quarterly or monthly intervals, as opted for,
subject to minimum instalment amount for different modes
of payments being as under:
Mode of instalment payment Minimum instalment amount
Monthly Rs. 5000/-
Quarterly Rs. 15000/-
Half-Yearly Rs. 25000/-
Yearly Rs. 50000/-
If the Net Claim Amount is less than the required amount to
provide the minimum instalment amount as per the option
exercised by the Life assured, the claim proceed shall be
paid in lump sum only.
The interest rate applicable for arriving at the instalment
payments under this option shall be as fixed by the
Corporation from time to time.
For exercising option to take Death Benefit in instalments,
the Life Assured can exercise this option during his/her
lifetime while in currency of the policy, specifying the period
of Instalment payment and net claim amount for which the
option is to be exercised. The death claim amount shall then
be paid to the nominee as per the option exercised by the
Life Assured and no alteration whatsoever shall be allowed
to be made by the nominee.
4. Payment of Premiums:
You can opt for Regular Premium, Limited Premium or Single
Premium payment options under this plan and premium(s)
can be paid online. In case of Regular and Limited Premium
payment, the premium can be paid regularly during the
Premium Paying Term with modes of premium payment
Yearly or Half Yearly.
The premium payable will depend on the age at entry of
the life to be assured, smoking status, gender, policy term,
Premium Paying Term and Sum Assured Option chosen.
Under Single Premium, minimum premium shall be Rs
30,000/-. Under Regular and Limited Premium mode, the
minimum premium shall be Rs 3,000/-.
5.
Grace Period (applicable for Regular and Limited
Premium payment):
A grace period of 30 days shall be allowed for payment of
yearly or half-yearly premiums from the date of first unpaid
premium. During this period, the policy shall be considered
inforce with the risk cover without any interruption as per
the terms of the policy.
If the premium is not paid before the expiry of the days of
grace, the Policy lapses. All the benefits shall cease after the
expiry of grace period from the date of first unpaid premium
under such policies and nothing shall be payable.
6. Sample Illustrative Premium:
The sample illustrative premiums for both option I (Level
Sum Assured) and option II (Increasing Sum Assured) for
Basic Sum Assured of Rs. 1 Crore for Non-Smoker, Male,
Standard lives under different Premium Payment options
are as under :
Option I (Level Sum Assured):
Age
(LBD)
Policy
Term
Regular
Annual
Premium
Annual
Premium
for
Limited
Premium
Paying Term of
(Policy Term
minus 5)Years
Annual
Premium
for
Limited
Premium
Paying Term of
(Policy Term
minus 10) Years
Single
Premium
20 20 Rs. 5,368/- Rs. 6,160/- Rs. 8,008/- Rs. 64,592/-
30 20 Rs. 7,216/- Rs. 8,360/- Rs. 10,912/- Rs. 87,120/-
40 20 Rs.13,770/- Rs. 16,110/- Rs. 21,060/- Rs. 1,66,230/-
Note: The above illustrative premiums are exclusive of GST.
Option II (Increasing Sum Assured):
Age
(LBD)
Policy
Term
Regular
Annual
Premium
Annual
Premium
for
Limited
Premium
Paying Term of
(Policy Term
minus 5)Years
Annual
Premium
for
Limited
Premium
Paying Term of
(Policy Term
minus 10)
Years
Single
Premium
20 20 Rs.7,020/- Rs. 8,190/- Rs. 10,620/- Rs. 85,140/-
30 20 Rs.10,350/- Rs. 12,060/- Rs. 15,750/- Rs.1,24,920/-
40 20 Rs.21,252/- Rs. 24,932/- Rs. 32,568/- Rs.2,56,036/-
Note: The above illustrative premiums are exclusive of GST.
7. Rebate/Loadings:
The following rebates/loadings shall be applicable:
(i)
High Sum Assured Rebate (Applicable for Regular,
Limited Single Premium payment):
The high sum assured rebates are as under:
a) Under Option I: Level Sum Assured
Age Band
(LBD)
High SA rebate as a % of Tabular Annual/Single
Premium
Less than
Rs 1 Crore
Rs 1 Crore to less
than Rs 2 Crore
Rs 2 Crore
and above
Upto 30 years Nil 12% 20%
31 to 50 years Nil 10% 15%
51 years and
above
Nil 5% 7%
b) Under Option II: Increasing Sum Assured
Age Band
(LBD)
High SA rebate as a % of Tabular Annual/
Single Premium
Less than
Rs 1 Crore
Rs 1 Crore to less
than Rs 2 crore
Rs 2 Crore
and above
Upto 30 years Nil 10% 18%
31 to 50 years Nil 8% 13%
51 years and
above
Nil 4% 6%
(ii)
Modal Loading (applicable for Regular and Limited
Premium payment):
Mode Loading as a % of tabular annual premium
Yearly Nil
Half-Yearly 2%
8. Revival:
If premiums are not paid within the grace period, then
the policy will lapse. A lapsed policy can be revived during
the lifetime of the Life Assured, but within a period of 5
consecutive years from the date of first unpaid premium
or as is allowed under applicable Product Regulations, and
before the date of Maturity, as the case may be, on payment
of all the arrears of premium together with interest
(compounding half-yearly) at such rate as may be decided
by the Corporation from time to time. In addition, proof of
continued insurability may be required.
The Corporation reserves the right to accept at original
terms, accept at revised terms or decline the revival of a
discontinued policy. The revival of a discontinued policy
shall take effect only after the same is approved by the
Corporation and is specifically communicated in writing to
the Policyholder.