What is a Protected Cell Company?
A PCC is a new type of company. The purpose of forming a PCC or converting into
a PCC is to create, within an insurance company, one or more cells and to segregate and protect the assets of
each cell.
Assets of a PCC are cellular or non-cellular (core). In Atlas, the core
assets support the local business portfolio. Directors must keep both types of assets
identifiable (separate records and accounts).
A PCC may create and issue cell shares (usually
preference shares) the proceeds of
which go to cellular assets attributable to the
cell. A PCC may pay dividend to the owners of the cell shares.
Assets attributable to a cell
are only available to creditors in respect of that cell and are absolutely protected
from all the other creditors of the PCC. Where a liability arises attributable to a particular
cell, the assets of that cell shall primarily be used to settle that liability.
Should the assets of that cell be insufficient to meet its liabilities, then the PCC’s non-cellular assets are secondarily used. Other cells remain untouched.
This gives cell owners the confidence that their assets and liabilities are segregated
and are separate from those of other cell owners. Even if the core company for any
reason goes into liquidation, each cell would still be fully protected and may not
be called upon to pay for the insolvency of the core. The cell owners retain assets
and could repatriate and look for another core host.
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