ABC PA

Dear Valued Customers,

Please be informed that an 8% Service Tax will be applied for all taxable general insurance policies where the insurance period commences on or after 1 March 2024 or where the insurance period spans across 1 March 2024 (calculated on a pro-rated basis).

MSIG reserves the right to collect any undercharged service tax for policies processed before 1 March 2024 where the insurance period spans across 1 March 2024. 

You are obligated to pay any applicable taxes including but not limited to service tax and stamp duty that are imposed by the Malaysian tax authorities in relation to your Policy. 

We are in the midst of updating our brochure and product materials to reflect the Service Tax. The materials will be ready in due course.

If you have any queries, please contact our Customer Service Hotline: 1-800-88-MSIG (6744).

Nomination is important to ensure that your loved ones get the protection that you intended.

Find out how you, as a policyholder, can make nominations with the simple FAQs below. 

1.    Why do I have to nominate?

Nomination is important to ensure that your loved ones will receive the protection as intended by you and that policy moneys may be paid out by insurers without any delay.  Where no nomination is made, the policy moneys will be paid out to your lawful executor (if you have made a Will) or your lawful administrator (if no Will has been made) – this process will take a while.

*If there is no lawful executor or administrator, then the policy moneys will be paid out to the rightful persons in accordance with applicable distribution laws.

2.    Who can I nominate?

You can nominate any individual(s) you want.  HOWEVER, not all nominees will receive the policy moneys beneficially or for their own use.  Depending on your marital status and who you nominate, nominations may produce unexpected results for the nominee(s).  Likewise, nominations by a Muslim policy owner and non-Muslim policy owner will have different consequences.

How so?

Nominations made by a non-Muslim policy owner will create either (i) a trust policy in favour of the nominee(s) or (ii) a non-trust policy.

To ensure that your nominee(s) receive the policy moneys as intended, you need to ensure that a trust policy is created in favour of your nominee(s).

3.    How do you create a trust policy?

Trust policy will be created:

(a)   if the nominee is your spouse or child; or

(b)  if the nominee is your parent (provided that there is no living spouse or child at the time you make the nomination).

4.    What if I nominate someone else as my nominee(s)?

In such as case, you are creating a non-trust policy.  Here, your nominee will only receive the policy moneys as executor and distribute the policy moneys in accordance with your Will or where there is no Will, in accordance with applicable distribution laws.  If you intend for these nominee(s) to receive the policy moneys beneficially and not as executor, you will need to assign the policy benefits to them.

In brief, if you nominate people other than your spouse, children or parents, make sure to assign the policy benefits to them to ensure that they receive the policy moneys for their own use.  Please contact MSIG if you require more information on this.

5. What is the difference between nominee, beneficiary and executor? 

A nominee is a person who is nominated in the insurance policy to receive or administer the insurance policy benefits (death benefit only) upon the demise of the policyholders. A beneficiary is a person who is entitled to receive and enjoy the benefits from the insurance policy. An executor is someone whom you appoint to manage and distribute the death benefits to others according to relevant laws.

6.    What about Muslim policy owner?

Nominee(s) irrespective of the relationship with the policy owner can only receive the policy moneys as executor and the policy moneys must be distributed in accordance with Islamic laws.

7.    I did not make any nomination and Will.  How will the policy moneys be distributed?

The policy moneys as well as your other assets will be distributed in accordance with applicable distribution laws.

For West Malaysia and Sarawak, the Distribution Act 1958 applies, where the policy moneys and assets will be divided between your surviving spouse, children and parent(s) in certain proportions.

The Distribution Act 1958 is however not applicable to Muslims in West Malaysia and natives in Sarawak. For Sabah, policy moneys and assets will be distributed in accordance with the Intestate Succession Ordinance 1960. 

8.    How do I make a nomination?

It is easy to make a nomination.  You can download the PA Insurance Nomination Form provided in this website or you may contact us and request for a copy.  Complete and return the original PA Insurance Nomination Form to MSIG for our further action  – you may wish to refer to the sample completed form for reference. 

Please make sure that the form is duly signed and witnessed by someone who is 18 years old and above, of sound mind and not a named nominee, failing which the nomination may be deemed invalid.

*The FAQs are provided for general information only. For detailed provisions on nomination, please refer to Schedule 10 of Financial Services Act 2013. 

To download a copy of the Personal Accident Insurance Nomination Form, please click on the link below.

9.    Can I, being the insured, revoke the nomination made earlier in my trust policy?

Yes, you can revoke the nomination under your trust policy but under the law you must obtain the written consent of the trustee before the revocation can be valid. (Refer to explanation in question 3 above). Hence, if you wish to revoke the nomination, you may download the Consent Form provided by us through the link below for completion. After the submission of the completed Consent Form and new Nomination Form to us, we will pass an endorsement for a change of nominee to your trust policy.

APPOINTMENT OF TRUSTEE

10.  What is the Trustee's role? 

Trustees must act in the best interest of the nominees. When the Policyholder passes away, the trustee receives the policy moneys and distributes them to the nominees. Policyholders need the trustee’s written consent to deal with the insurance policy.

11.  Why do I need to appoint a trustee? 

If you are a non-Muslim and have named your spouse, child or parents as nominees, it is recommended to appoint a trustee. The trustee manages and divides the policy moneys. The trustee does not have to be a family member but should be someone you trust.

12.  Must the appointment of the trustee be made when I apply for my insurance policy?

Not necessarily. The appointment of the trustee can be made when you apply for the insurance policy or at a later time.

13.  When will policy become a statutory trust policy? 

Trust will be created under Schedule 10 of the Financial Services Act 2013, when the following criteria are met:

at the time of nomination, the Policyholder is a non-Muslim; and

at the time of nomination, the nominee is as follows:

In the absence of a Trustee appointed by the Policyholder, the nominee(s) above will be presumed to be the Trustee of the policy (“Statutory Trustee”). For easy reference, the trust created under Schedule 10 of the Financial Services Act 2013 will be known as “Statutory Trust” in this FAQS.

14.  Can a Policyholder appoint himself/herself as a Trustee? 

Under the Financial Services Act 2013, the Policyholder cannot appoint himself/herself as a Trustee. However, this restriction will only apply to appointments made after 30 June 2013.

15.  The Policyholder appointed a Trustee. Subsequently, the Trustee has passed away and the Policyholder wishes to appoint a new trustee or new nominee. What is the document required?

Policyholder to submit Certified True Copy of Death Certificate for the initially appointed Trustee together with a new Trust & Nomination Form.

16. What happens if the Policyholder has made a nomination that creates a Statutory Trust, but the nominee is below the age of 18 years old?

If the nominee is under 18, the nominee’s parent (other than the Policyholder) will be the statutory trustee. If the parent is not alive, the Public Trustee (i.e. Amanah Raya Berhad) or a trust company nominated by the Policyholder will be the trustee.

Disclaimer: The above FAQs are for quick reference or information only. In the event of any dispute, the provisions under Schedule 10 of the Financial Services Act 2013 shall prevail.