“Protected cell company” definition of section 9D of ITA

“protected cell company” means any entity incorporated, established or formed, whether by way of conversion or otherwise, in terms of any law of any country other than the Republic-

 

(a)     if the principal trading activities of that entity constitute the business of an insurer; and

 

(b)     where that law makes provision for-

 

(i)      the segregation of specified assets of that entity into structurally independent cells or segregated accounts;

 

(ii)     the linking or attribution of specified assets and liabilities to those cells or segregated accounts; or

 

(iii)    separate participation rights in respect of each such cell or segregated account,

 

irrespective of whether or not that law provides that the establishment or formation of a cell or segregated account creates a legal person distinct from that entity.