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Insurance Intermediaries - Regulation

Original Language Title: Versicherungsvermittler - Verordnung

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156. Regulation of the Federal Minister for Economic Affairs, Family and Youth on the admission requirements for the regulated trade insurance agent, insurance broker and advice in insurance matters as well as the right to Insurance mediation in industrial property advisory services (insurance intermediaries-regulation)

On the basis of § § 18 (1) and 137b (4) of the Industrial Regulations 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 8/2010, shall be arranged:

Section 1

General

Evidence required

§ 1. The qualifications for the business insurance agent, insurance broker and advice in insurance matters (insurance mediation-§ 94 Z 76 GewO 1994) as well as for the insurance mediation in respect of life and accident insurance in the The framework of the industrial property business advisory business (§ 94 Z 75 GewO 1994) can be provided by the following provisions in each case. The extent to which certain training courses do not include parts of the aptitude test has to be determined by the respective examination regulations.

Professional activity

§ 2. For the purposes of this Regulation, activities within the meaning of Section 18 (3) of the Regulation shall apply as a professional activity.

Employees of insurance intermediaries

§ 3. The professional qualification of employees directly employed in insurance mediation within the meaning of Section 137b (2) of the German Procurement Law (GewO) in 1994 shall be qualified by appropriate training such as the examination for obtaining the external service certificate in the case of the The Academy of Education of the Austrian Insurance Industry (BÖV-Examination) or the proof of internal training, which can also be restricted to the distributed products, is also fulfilled in terms of the peripheral and content of comparable internal training. As such, comparable internal training courses were carried out by credit institutions ' employees before the entry into force of this Regulation.

Section 2

Insurance Agent

Professional skills requirements

§ 4. (1) The professional qualification for the entry of the business insurance agent shall be fulfilled by the completed qualification test. The professional qualification for the entry of the business insurance agent is also fulfilled by the successful filing of the examination for the business insurance broker and advice in insurance matters. In the design of the examination contents for the qualification test for insurance agents, consideration should be given to the particularities of the planned exercise.

(2) The professional qualification for the entry of the business insurance agent is further provided by the following evidence:

a)

the certificate of successful examination of the examination to obtain the certificate of external service at the Education Academy of the Austrian Insurance Industry (BÖV-examination); or

b)

the certificate of the successful completion of the university course for insurance industry or the certificate of successful completion of the university course for financial services; or

c)

proof of an uninterrupted three-year professional activity in this business or in the business insurance broker and advice in insurance matters either as a self-employed person or as an operating manager; or

d)

Proof of continuous two-year professional activity in this business or in the business insurance broker and advice in insurance matters as a self-employed person or as a manager if the beneficiary is responsible for the in the case of an activity in question which is certified by a certificate recognised by the State or which has been recognised by a competent professional organisation as being fully competent; or

e)

Proof of continuous two-year professional activity in this business or in the business insurance broker and advice in insurance matters as a self-employed person or as a manager if the beneficiary proves that: has carried out the activity in question for at least three years as an employed person; or

f)

Proof of an uninterrupted three-year professional activity in this business, in the business insurance broker and advice in insurance matters, or in an insurance company as a dependent employee, if the beneficiary Person for the activity in question can provide proof of prior training, attested by a certificate recognised by the State or recognised by a professional organisation as a full-time professional.

In the cases of lit. (c) and (d) the termination of this activity may not be more than ten years from the date of submission of the complete application by the person concerned to the competent authority.

Restricted Trade

§ 5. If the trade insurance agent is to be exercised in a limited extent to certain branches in accordance with Annex A to the VAG, the professional qualification shall be qualified by the restricted qualification test, which is matched to the planned restriction. for insurance agents or for insurance brokers and advice in insurance matters, namely general insurance-specific basic knowledge and savings-specific knowledge, to the extent necessary for the specific classes of insurance, or a correspondingly restricted activity in accordance with. § 4 para. 2 lit. c to f or § 6 para. 2.

Section 3

Insurance brokers and advice in insurance matters

Professional skills requirements

§ 6. (1) The professional qualification for the entry of the business insurance broker and advice in insurance matters shall be fulfilled by the completed qualification test.

(2) The professional qualification for the entry of the business insurance broker and advice in insurance matters is further provided by the following evidence:

a)

proof of an uninterrupted three-year professional activity in this sector either as a self-employed person or as an operating manager; or

b)

Proof of continuous two-year professional activity in this sector as a self-employed person or as a manager if the beneficiary is able to demonstrate for the activity in question a previous training provided by a State recognised or recognised by a competent professional organisation as being fully recognised; or

c)

Proof of continuous two-year professional activity in this sector as a self-employed person or as a manager if the beneficiary proves that the activity in question is at least three years as a dependent worker , or

d)

Proof of continuous three-year professional activity in this sector as a dependent employee, if the beneficiary can prove for the activity in question a previous training provided by a state-recognised The certificate is certified or recognized by a competent professional organization as being fully valid.

In the cases of lit. (a) and (c) shall not be less than ten years from the date of submission of the complete application by the person concerned to the competent authority.

Restricted Trade

§ 7. If the trade is to be carried out in an amount restricted to certain branches in accordance with Annex A to the VAG, the professional qualification shall be subject to the planned restriction. Qualified insurance brokers and counseling in insurance matters, which are subject to a coordinated and coordinated assessment of general insurance specific basic knowledge and specific knowledge, to the extent that the specific classes of insurance are , or a correspondingly restricted activity in accordance with. § 6 (2).

Section 4

Insurance mediation in the case of industrial property consulting

Professional skills requirements

§ 8. The professional qualification for insurance mediation in respect of life and accident insurance as an insurance agent or as an insurance broker and advisor in insurance matters within the scope of the business of the commercial property advisory service is obtained by the completion of the relevant part of the qualification test for the commercial asset consultant or a correspondingly limited activity-according to the form-according to the form. § 4 para. 2 lit. c to f or § 6 (2).

Section 5

Other provisions

Entry into force; external force; transitional provisions

§ 9. (1) At the same time as this Regulation enters into force, the Regulation of the Federal Minister for Economic Affairs and Labour on the conditions of access for the regulated trade insurance agent (Insurance Agent Regulation), BGBl. II n ° 96/2003, and the Regulation of the Federal Minister for Economic Affairs and Labour on the conditions for access to the related trade insurance broker; advisers in insurance matters (insurance broker and -berater-regulation), BGBl. II No 97/2003, except for force.

(2) certificates concerning the successfully completed examination in accordance with § 1 (1) (1) (1) of the Regulation on the conditions of access for the regulated trade insurance agent (Insurance Agent Regulation), BGBl. II n ° 96/2003, are considered to be evidence of the successfully completed examination in accordance with § 4 for the commercial insurance agent. Certificates of successfully completed examination in accordance with Article 1 (1) (1) (1) (1) and (2) of the Regulation on the conditions of access for the related trade insurance broker; advisers in insurance matters (insurance brokers and insurance brokers); -berater-regulation), BGBl. II No 97/2003, are considered as certificates of the successfully completed examination in accordance with § 6 for the business insurance broker and advice in insurance matters. Certificates of successfully completed examination in accordance with § 1 (1) (1) (1) of the Regulation on the conditions for access to the regulated trade in industrial property, BGBl. II No 95/2003, are considered to be evidence of the qualification test for the commercial property consultant filed pursuant to § 8 for the placement of life and accident insurance in the context of the industrial property advisory business.

Linguistic equality

§ 10. To the extent that personal names are referred to in this Regulation only in male form, they shall refer to women and men in the same way. The gender-specific form, in particular the term "insurance agent", "insurance broker", "counsellor in insurance matters" or "commercial insurance", shall be applied to certain persons. Asset consultant ".

Mitterlehner