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2018
W556/2018 — Berkshire Hathaway Specialty Insurance Company
Financial Markets Tribunal
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Feb 12 2018 onwards

W556/2018 — Berkshire Hathaway Specialty Insurance Company



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MODIFICATION NOTICE

To Berkshire Hathaway Specialty Insurance Company
Address Unit 2106-B, Level 21, Index Tower, DIFC, P.O. Box 506861,
Dubai, UAE
DFSA Firm Reference No. F004309
Notice No. W556/2018

THE DFSA HEREBY GIVES NOTICE THAT:

The Rules specified in the left hand column of the table herein do not apply to the above mentioned Person in the form appearing in the Rulebook but instead apply as modified in the right hand column of the table.

RULES MODIFIED

The Rules specified in the left hand column are modified to the extent shown in the right hand column of the table below. In this table, underlining indicates new text and striking through indicates deleted text, otherwise the Rule remains unaltered. Where a significant number of the paragraphs of the Rule remain un-altered the entire Rule may not be reproduced in the table. In such circumstances the un-altered parts of the Rule will be referred to by the relevant identifying paragraph number or letter, as the case may be.

Rule Modified Text
GEN 8.2.2.

(1) An Authorised Person must, except as provided under Rule 8.2.3, prepare and maintain all financial statements in accordance with:

(a) the International Financial Reporting Standards (IFRS); or
(b) the Generally Accepted Accounting Principles in the United States of America (US GAAP).

(2) In this Rule, US GAAP has the meaning given to that term in statement no. 162 issued by the Financial Accounting Standards Board.

GEN 8.6.1

An Authorised Person must, in writing, require its Auditor to;

(a) conduct an audit of and produce a Financial Statement Auditor's Report on the Authorised Person's financial statements in accordance with the International Standards on Auditing, or the Generally Accepted Auditing Standards (US GAAS) issued by the American Institute of Certified Public Accountants Auditing Standards Board and the Auditing Standards of the Public Company Accounting Oversight Board of the United States;
(b) produce a Regulatory Returns Auditor's Report in accordance with the Rules in AUD App1 as relevant;
(c) produce, if the Authorised Firm is permitted to control or hold Client Money, a Client Money Auditor's Report in accordance with the Rules in AUD App2;
(d) produce, if the Authorised Firm is permitted to control or hold Insurance Monies, an Insurance Monies Auditor's Report in accordance with the Rules in AUD App3; and
(e) produce, if the Authorised Firm is permitted to hold or control Client Investments, Arrange Custody or Provide Custody in or from the DIFC, a Safe Custody Auditor's Report in respect of such business as applicable, in accordance with the Rules in AUD App4.

CONDITIONS

The modification in respect of the Rules specified above remains in effect for the duration of the period set out below on condition that the above named Person to whom this notice applies carries on Financial Services through a Branch in the DIFC.

If this condition stated above in breached, this notice ceases to have effect forthwith and the Rules specified in the table herein apply to the above menioned Person to whom this notice applies in their unmodified form as they appear in the applicable module of the Rulebook in force at the relevant time.

EFFECTIVE PERIOD

This notice comes into effect on the date of issue and remains in force until further notice.

INTERPRETATION

The provisions in this notice are to be constructed in accordance with GEN section 6.2 as if these provisions are provisions of the Rulebook.

Defined terms are identified in this notice by the capitalisaton of the initial letter of a word or of each word in a phrase and are defined in the Glossary (GLO). Unless the context otherwise requires, where capitalisation of the initial letter is not used, an expression has its natural meaning

THIS NOTICE IS ISSUED UNDER ARTICLE 25 OF THE REGULATORY LAW 2004 BY:

Name: Bryan Stirewalt


Position: Managing Director, Supervision
DATE OF ISSUE: 12 February 2018