Insurance Companies
- Inbound to the U.S.
- Outbound from the U.S.
INBOUND TO THE U.S.:
Since the 1960s, Sutherland attorneys have advised non-U.S.-based companies on their U.S. insurance strategy and operations. We regularly consult with the majority of the leading U.S. life insurance businesses owned by European and Canadian financial services concerns. Our services include advice across a broad range of matters:
- Choice, formation and relevant regulatory regimes/approvals of U.S. business entities
- Legal concerns with respect to the day-to-day business of insurance operations and product distribution channels
- Acquisition and disposition of U.S. insurance operations and blocks of insurance policies
- Acquisition and disposition of U.S. distribution channels
- Product design and regulatory approval
- Regulation of insurance marketing and sales activities
- Investment portfolio transactions, and applicable regulatory and other constraints
- Acquisition, operation and outsourcing of technology systems and processes
- Back office operations
- Reinsurance solutions
- U.S. domestic and international tax considerations, including tax treaty benefits
- Compensation and benefits for executives, employees and sales representatives (including independent representatives)
- Employment law and other human capital requirements
- Protection of intellectual property rights
- Resolution of disputes and litigation
OUTBOUND FROM THE U.S.:
Leading U.S. insurance companies are making strategic decisions to leverage their products, expertise and systems by accessing developed and developing non-U.S. markets. These strategic initiatives may take the form of subsidiaries, affiliates, joint ventures, marketing or alliances and other business forms. We support company management and project teams in the implementation of these initiatives, providing relevant critical legal analysis and addressing:
- Choice of business structure
- Regulatory requirements for access to markets
- Integration of U.S. and non-U.S. regulatory requirements
- Extension or adaptation of U.S. product offerings
- Foreign Corrupt Practices Act (FCPA) compliance, anti-money laundering and related considerations
- Risk management, planning and control systems
- Distribution channels and marketing regulation
- Back office and systems implications
- Tax structuring and consequences
- Cross-border compensation and benefits
- Protection of intellectual property
To augment our services and to assist in the execution of our advice, Sutherland has relationships with top law firms experienced in insurance matters in their respective jurisdictions, including Brazil, Russia, India and China (BRIC), and other Central and South American, Asian, European and Caribbean jurisdictions.
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