Law Amending The Law Of 25 June 1992 On Terrestrial Insurance Contract And The Law Of 27 March 1995 On Insurance Mediation And Distribution Of Insurance (1)

Original Language Title: Loi modifiant la loi du 25 juin 1992 sur le contrat d'assurance terrestre et la loi du 27 mars 1995 relative à l'intermédiation en assurances et à la distribution d'assurances (1)

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Posted the: 2006-03-15 Numac: 2006011087 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 22 February 2006. -Law amending the law of 25 June 1992 on terrestrial insurance contract and the law of 27 March 1995 on insurance mediation and distribution of insurance (1) ALBERT II, King of the Belgians to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act is the transposition into Belgian law of directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation.
CHAPTER II. -Amendments of the law of 27 March 1995 on insurance mediation and distribution of insurance s. 3. in the title of the law of 27 March 1995 on insurance mediation and distribution of insurance, "insurance mediation" shall be replaced by the words "insurance and reinsurance mediation.
S. 4. before the current chapter I of the Act, which will form the Ierbis chapter, there shall be inserted a new chapter first, as follows: "chapter I:. -Definitions Article 1. -For the purposes of this Act, it has to be understood by: 1 ° "insurance mediation": any activity consisting to present or offer insurance contracts or to achieve some other preparatory work to their conclusion to conclude them, or contribute to their management and their implementation;
are not considered to be an insurance mediation:-the activities carried out by an insurance undertaking or an employee of an insurance undertaking who is acting under the responsibility of the latter;
-the activities to provide information on an occasional basis in the context of another professional activity provided that these activities are not intended to help the customer conclude or perform a contract of insurance, management, professional title of claims of an insurance undertaking or estimation and liquidation of claims activities;
2 ° "reinsurance mediation": any activity consisting to present or offer reinsurance contracts or carry out other preparatory work at their conclusion to conclude them, or contribute to their management and their implementation;
are not considered to be a reinsurance mediation:-the activities carried out by a reinsurance undertaking or an employee of a reinsurance undertaking who is acting under the responsibility of the latter;
-the activities to provide information on an occasional basis as part of other work provided that these activities do not have to help the customer conclude or perform a contract of reinsurance, management, professionally, claims of a reinsurance company or estimation and liquidation of claims activities;
3 ° "insurance intermediary": any natural or legal person having the status of self-employed within the meaning of the legislation social and carrying activities of intermediation in insurance, even on an occasional basis, or having access to this activity;
4 ° "reinsurance intermediary": any natural or legal person having the status of self-employed within the meaning of the legislation social and speaking in intermediation activities in reinsurance, even on an occasional basis, or gaining access to this activity;
5 ° 'head of distribution': has) any physical person belonging to the direction of an intermediary of insurance or reinsurance, or any employee in the service of such an agent, and that de facto responsibility for the activity of insurance and reinsurance mediation or exercises control.
(b) any natural person who, in an insurance undertaking or reinsurance, assumes de facto responsibility for persons responsible for the distribution of products of insurance or reinsurance or exercises control over such people.
6 ° "insurance broker": the insurance or reinsurance intermediary who brings together makers of insurance and insurance companies, or insurance companies and businesses of reinsurance, without being bound by the choice of;
7 ° "insurance agent": the insurance or reinsurance intermediary who, by reason of one or more conventions or proxies, in the name and on behalf of a single or several companies insurance or reinsurance, carries out activities of insurance or reinsurance mediation;
8 ° «subagent for insurance»: the intermediary of insurance or reinsurance, other than those referred to in points 6 ° and 7 °, which acts under the responsibility of the persons referred to 6 ° or 7 °;
9 ° "insurance undertaking": an insurance undertaking within the meaning of article 91bis, 1 ° and 2 °, of the law of insurance supervision;
10 ° "reinsurance undertaking": a company of reinsurance within the meaning of article 91bis, 3 °, of the insurance supervision Act;
11 ° 'large risks': the risk within the meaning of article 1, 7, of the royal decree of 22 February 1991 on the general regulation on the control of insurance undertakings;
12 ° 'Member State': a State that is part of the European economic area;
13 ° "Home Member State": a) if the insurance or reinsurance intermediary is a natural person, the Member State where he is domiciled and where it operates;
(b) if the insurance or reinsurance intermediary is a legal person, the Member State where its head office is situated or, if such person has no headquarters pursuant to its national law, the Member State where its head office is located;
14 ° "Host Member State": the Member State, other than the home Member State, where an insurance or reinsurance intermediary has a branch or engaged in the free provision of services;
15 ° "BFIC": the banking, finance and Insurance Commission;
16 ° 'competent authority': the authorities within the meaning of article 2, paragraph 11, of the directive;
17 ° "durable medium": any instrument which enables the customer to store information addressed to him personally, so that they can be accessed later, during a period of time adequate to the purposes of the information and allow the unchanged reproduction of the information stored;
in particular, the notion of "durable medium" includes computer diskettes, CD-ROMs, DVDs and the hard drive of the computer of the consumer on which electronic mail is stored, but does not include a website, unless this site meets the criteria specified in the definition of durable medium;
18 ° "the insurance supervisory Act": Act of 9 July 1975 on the control of insurance undertakings;
19 ° "the law of 2 August 2002": Act of 2 August 2002 on the supervision of the financial sector and financial services;
20 ° 'directive': directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation. » Art. 5. article 1 of the same Act became article 1bis on the understanding that the following changes are made to this article: 1 ° 'insurance contracts' shall be replaced by the words "insurance or reinsurance contracts.
2 ° "to be completed to act as an insurance intermediary or offer for sale to the public of the insurance products in any form whatsoever' shall be replaced by the words"relating to access to the activity of intermediation in insurance and reinsurance as well as to the exercise of this activity, the distribution of insurance '.
S. 6. article 2 of the Act, as amended by the law of 11 April 1999, is replaced by the following provision: «art.» 2 - § 1. This Act applies to insurance intermediaries and reinsurance including the State intermediaries member of origin is the Belgium or who perform their activity in Belgium.
§ 2. This Act does not apply to the persons referred to the § 1 in the following cases: 1 ° when they operate exclusively for ensuring or reinsure risks of their own undertaking or group of undertakings to which they belong;
2 ° when the insurance or reinsurance mediation of insurance or reinsurance contracts for which all the following conditions are met: a) the contract only requires knowledge of the coverage offered by insurance;
(b) the contract is not a life assurance contract;
(c) the agreement does not contain any civil liability coverage;
(d) the insurance or reinsurance mediation is not the principal professional activity of the persons considered;
(e) the insurance is complementary to the product or service supplied by a provider, when it covers:-the risk of malfunction, loss or damage to goods supplied by that provider, or - the risk of damage or loss of baggage and other risks linked to a trip booked with that provider, even if the insurance covers life or liability provided that this coverage is incidental to the main risk coverage related to this trip.
(f) the amount of the annual premium does not exceed EUR 500 and the total duration of the contract, including any renewals, not exceeding five years;
§ 3.

Persons who, in an insurance undertaking or reinsurance operating in Belgium, are designated as responsible for the distribution must meet the same conditions regarding professional knowledge, ability and professional repute than intended for intermediaries of insurance and reinsurance in article 10, 1 °, 2 ° a and 3 °.
Others of an insurance undertaking or of reinsurance which, in any way, are in relation to the public to offer for sale or sell their company's products must meet conditions regarding professional knowledge laid down in article 11 § 2. » Art.
7. article 3 of the Act is replaced by the following provision: «art.» 3 - when an insurance or reinsurance intermediary care of workers, the requirements relating to professional knowledge, skills and professional repute referred to in article 10, 1 °, 2 ° a and 3 ° must be met by officials of the distribution.
The other persons engaged directly in insurance or reinsurance mediation, in particular any person who, for this purpose and in any manner that, is in connection with the public, must comply with the requirements laid down in article 11 professional knowledge § 2. » Art. 8 A article 4 of the Act, the following changes are made: 1 ° the word "intermediate" is replaced by "intermediaries of insurance and reinsurance."
2 ° "of the leaders of distribution' shall be replaced by the words"one or more natural persons as responsible for the distribution. "
3 ° "a distribution activity is exercised" shall be replaced by the words "is exercised, respectively, an activity of insurance mediation and distribution of insurance."
4 ° "if they employ more than five persons" shall be replaced by the words "If more than five people operate in insurance or reinsurance mediation.
S. 9. article 5 of the same Act, replaced by the law of 11 April 1999 and amended by the royal decree of 25 March 2003, is replaced by the following provision: «art.» 5 - § 1. Any insurance or reinsurance intermediary which the Belgium is the home Member State may pursue the activity of insurance or reinsurance mediation is previously registered in the register of insurance and reinsurance intermediaries held by the CBFA.
No intermediary insurance or reinsurance as a Member State of origin one country other than the Belgium cannot exercise in Belgium of insurance or reinsurance mediation activity, if it is previously registered as an intermediary of insurance or reinsurance by the competent authority of its home Member State, without prejudice to the provisions of article 8, § 2.
No intermediary insurance or reinsurance domiciled or headquartered in a non-member European economic area countries cannot exercise in Belgium of insurance or reinsurance mediation activity, if it is pre-registered to the insurance and reinsurance intermediaries register held by the CBFA.
The insurance and reinsurance intermediaries register held by the CBFA is composed of the following categories: "insurance brokers", "insurance agents" and "insurance subagents.
An insurance or reinsurance intermediary may be registered to one of the above categories.
§ 2. The business of insurance and reinsurance who have an establishment in Belgium or who perform their activity without there may appeal to an insurance or reinsurance intermediary which is not registered in accordance with the provisions of § 1.
If they nevertheless involve an insurance intermediary or unregistered reinsurance, they are civilly liable for the acts of these intermediaries in their activity of insurance or reinsurance mediation. » Art. 10A article 5bis of the Act, inserted by the law of 11 April 1999 and amended by the royal decree of 25 March 2003, the following changes are made: 1 ° in the first paragraph, the word "intermediary" is replaced by "insurance or reinsurance intermediary", the words "insurance undertaking" by the words "undertaking insurance or reinsurance", and the words "insurance companies" by the words "insurance or reinsurance enterprises." in the Dutch text of the same paragraph, the word «enkele» is replaced by the word "meerdere ';
2 ° paragraph 2 is repealed;
3 ° to 3 former paragraph, now paragraph 2, the word 'broker' is replaced by 'intermediate insurance or reinsurance' words, and the words "insurance companies" by the words "insurance or reinsurance enterprises."
4 ° in the Dutch text of 4 former paragraph, now paragraph 3, the word «dadelijk» is replaced by «onverwijld.
S. 11. article 6 of the Act, as amended by the law of April 11, 1999, is repealed.
S. 12. article 7 of the same Act, replaced by the law of 11 April 1999, is replaced by the following provision: «art.» 7 - for the activities covered by this Act, no person shall use the title of insurance broker, insurance agent or subagent for insurance, or broker, agent or subagent to indicate the business of insurance, reinsurance, or insurance or reinsurance mediation is not registered in the register of intermediaries of insurance and reinsurance, respectively in the category "insurance brokers", "insurance agents". , or "subagents of insurance. » Art. 13. article 8 of the Act, as amended by the law of 11 April 1999, is replaced by the following provision: «art.» 8 - § 1. Any insurance or reinsurance intermediary registered in Belgium who intends to exercise for the first time of activities in another Member State under the regime of freedom of establishment or freedom to provide services, previously notify the CBFA.
The register indicates in which Member States through operates under the freedom of establishment or the freedom to provide services.
Within one month of notification, the CBFA informed of this intention the competent authority of the host Member State which so wishes, and communicates this notification to the relevant intermediary.
§ 2. The insurance or reinsurance intermediary registered in another Member State that the Belgium can begin its activities in Belgium, either under the regime of freedom of establishment, or under the freedom to provide services, after having notified the competent authority of his Member State of origin, and after this authority has notified the CBFA in accordance with European law in this area. The CBFA publishes the list of these of insurance and reinsurance intermediaries on its website and ensures regular updating on the basis of the data available to it.
The insurance or reinsurance intermediary referred to in paragraph 1 must comply, in the exercise of its activities, legal and regulatory provisions applicable in Belgium to the intermediaries of insurance and reinsurance for reasons of general interest. The CBFA shall communicate to such insurance and reinsurance intermediaries which provisions are, to his knowledge, of general interest.
§ 3. Insurance and reinsurance intermediaries referred to the § 1, paragraph 2, as well as insurance and reinsurance referred to in § 2, intermediaries can start their activities in the host Member State concerned at the earliest one month after having been notified by the competent authority of their Member State of origin. » Art.
14A article 9 of the same Act, as amended by the laws of 11 April 1999 and on 2 August 2002 and the royal decree of 25 March 2003, with the existing text will be the § 1, the following changes are made: 1 ° to the paragraph 1, the word "registration" is replaced by "registration";
2 ° to paragraph 2, the words "the activities described in article 2, § 1, ' are replaced by the words"in insurance or reinsurance mediation ";
3 ° paragraph 4 is replaced by the following provision: "without prejudice to the provisions of article 10, several candidates can introduce their application collectively if compliance with their obligations under article 10 is verified by a central body. This central body must be an intermediary of insurance, a reinsurance intermediary, an insurance undertaking, a reinsurance undertaking, an undertaking subject to supplementary supervision on insurance undertakings within the meaning of article 91ter from control of the insurance, or another organization or company law which fulfils the conditions laid down by the King on the proposal of the CBFA. In this case, the registration request is introduced by the central body under his responsibility. For the purposes of this Act, their file will be treated as if it were a single undertaking. The insurance or reinsurance intermediary is cancelled ex officio of the registry when the central agency requests the withdrawal of his nomination. »;
4 ° in paragraph 5, the words "in the documents referred to in paragraph 3" are replaced by the words "to the data of the documents referred to in this paragraph." in the Dutch text of the same paragraph, «zijn beslissing» shall be replaced by the words "haar beslissing."
5 ° article 6 is repealed;
6 ° paragraph 7

is replaced by the following provision: "If the insurance or reinsurance intermediary is no longer in the circumstances mentioned in the affidavit referred to in article 5a, paragraph 1, it is part of another category of the register.";
7 ° 8 and last paragraph is repealed;
8 ° article is supplemented by a paragraph 2, as follows: ' ' § § 2 2 The list of registered insurance and reinsurance intermediaries is published on the web site of the CBFA. The latter is responsible for regularly updating this website on the basis of the data available to it.
Web site mentions for each insurance or reinsurance intermediary data necessary for his identification, the date of registration, category for which it is registered, where appropriate the date of its radiation, as well as any other information that the CBFA considers useful for a correct information to the public. The CBFA determines the conditions under which the mention of the cancellation of an intermediary is removed from the web site. » Art. 15A section 10 of the same Act, as amended by the law of 11 April 1999 and by the royal decree of 25 March 2003, the following changes are made: 1 ° in the introductory sentence, the words "insurance intermediaries" are replaced by the words "of insurance and reinsurance intermediaries" and "insurance intermediary" shall be replaced by the words "intermediate insurance or reinsurance.
2 ° 1 is replaced by the following provision: «1 ° possess the required professional knowledge are determined by article 11.»;
3 ° a 2 ° bis, worded as follows, shall be inserted: '2 ° bis own sufficient ability and a professional repute.';
4 ° to 3 °, the first sentence is hereby repealed, and the words "Act of 9 July 1975 on the control of insurance undertakings" shall be replaced by the words "insurance supervisory Act";
5 ° the first sentence of 4 ° shall be replaced by the following provision: 'Be subject to the professional civil liability insurance covering throughout the European economic area territory.';
6 ° to 4 °, the word 'intermediaries' is replaced each time by "intermediaries of insurance and reinsurance", the words "insurance companies" are replaced by the words 'insurance or reinsurance undertakings' and ' for account or» are replaced by the words "for the account and";
7 ° to 5 °, the 'insurance contracts' words of the introductory sentence shall be replaced by the words 'contracts of insurance or reinsurance', the word 'Enterprise' the first indent is replaced by the 'undertaking insurance or a reinsurance undertaking' words and the words 'undertaking that is not an approval in Belgium' the second indent shall be replaced by the words "insurance undertaking authorized in Belgium or with a foreign reinsurance company"; in the Dutch text of the same paragraph 1, 5 °, the word 'verzekeringsovereenkomsten' of the first and the second indent is every time replaced by "overeenkomsten ';
8 ° 6 ° is replaced by the following provision: «6 ° in relation to their activity of intermediation in insurance and reinsurance in Belgium, deal only with companies which, in accordance with the insurance supervisory Act, are approved for the exercise of this activity in Belgium, or with companies who, pursuant to chapter Vter of the Act. are permitted to offer their benefits of insurance in Belgium. »;
9 ° a 6 ° bis, worded as follows, shall be inserted: "6 ° bis adhere to an extrajudicial complaints system. It must either adhered itself to such a system, or be a member of a professional association acceded to such a system. It shall contribute to the financing of the said system.
The King can establish a system of extrajudicial handling of complaints to help resolve disputes between insurance intermediaries, intermediaries of reinsurance, insurance companies and businesses of reinsurance, and on the other hand their clients, making a notice or acting as mediator.
Order made under the preceding paragraph may in particular:-the type of complaints and disputes which may be subjected;
-the composition of the bodies and the functioning of extrajudicial complaints system;
-the arrangements for financing of this system; funding is provided by authorized insurance companies to operate in Belgium of insurance, and the insurance and reinsurance intermediaries authorized to work in Belgium of insurance or reinsurance mediation;
-the procedure to be followed and the time limit within which such opinion shall be made or the mediation take place;
-the form in which notice or the intervention of the Ombudsman should be rendered (e) public (public).
10 ° a 6 ° ter, worded as follows, shall be inserted: "6 ter ° respect the provisions of articles 12A, 12B and 12quater.";
11 ° article is supplemented by the following subparagraph: "intermediaries of insurance and reinsurance as well as, in the case referred to in article 9, § 1, paragraph 4, the central body, must demonstrate to the CBFA according to rules specified by the latter by way of regulation, including periodicity, compliance with the provisions laid down in paragraph 1.".
S. 16. in the Act is inserted an article 10bis, worded as follows: «art.» 10bis. - intermediaries, insurance and reinsurance having the status of legal person are also enrolled, and retain their registration, only to condition: 1 ° the persons entrusted with the effective management have the required professional repute, required professional knowledge referred to in article 11, and appropriate experience to perform this function;
2 ° that the CBFA has been informed of the identity of persons who, directly or indirectly, exercise control over the intermediary, and considers that they have the necessary qualifications against the need to ensure sound and prudent; management
insurance and reinsurance intermediaries shall inform the CBFA of any changes to this control.
» Art. 17. section 11 of the Act, as amended by the law of 11 April 1999 and by the royal decree of 25 March 2003, the following changes are made: 1 ° to the § 1, 1 °, A, punctuation '. ' at the end of point d) is replaced by punctuation «;»;
2 ° the § 1, 1 °, A, is supplemented as follows: 'e) the anti-money laundering law, provided that the insurance or reinsurance intermediary is subject to the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism.';
3 ° the text existing 1st paragraph § 2 becomes 1 ° of § 2, on the understanding that in the first sentence, the words "(article 2, § 1, c), in article 2, § 2, second paragraph" are replaced by the words «article 1, 8º, in article 2, § 3, paragraph 2, and that in the last sentence, the words 'article 2, § 2, first subparagraph' shall be replaced by the words 'article 2 '. ", § 3, paragraph 1" and "§ 1, B ' by ' § 1, 1 °, B ';
4 ° the existing text of paragraph 2 of § 2 becomes 3 ° of § 2, on the understanding that 'other people' shall be replaced by the words "intermediaries of insurance and reinsurance."
5 ° to the § 2, a 2 °, worded as follows, shall be inserted between 1 ° and 3 °: ' (2 ° reinsurance intermediaries are exempt from the knowledge of materials determined to the § 1, 1 °, A, a) and (c)).»
6 ° a § 2A, worded as follows, shall be inserted: ' § 2A.» By the professional knowledge required as referred to in article 10bis, 1 °, means a sufficient knowledge of the particular material in the § 1, 1 °, B. This knowledge is also required when the persons involved therein are the quality of head of distribution. »;
7 ° to § 3, paragraph 1, 1 °, the word 'diplomas' is replaced by the word "certificate", and the sentence "For reinsurance intermediaries, the duration of practical experience is fixed at five years." is added;
8 ° § 3, paragraph 1, 2 °, is replaced by the following provision: "2 ° holders of a certificate of upper secondary education which will have completed successfully a course specializing in insurance organized by or pursuant to a decree, a representative professional organisation, an insurance undertaking or reinsurance or an intermediary of insurance or reinsurance, including credit institutions. '. This specialized course shall be approved by the CBFA. The King may, on proposal of the CBFA, clarify the rules to be met by the examinations during insurance referred here. The applicant must also provide proof of practical experience which the duration will be determined by the King but may not exceed two years. For reinsurance intermediaries, the duration of practical experience is set at five years. »;
9 ° to § 3, paragraph 2, the word "intermediate" is replaced by "intermediaries of insurance and reinsurance."
10 ° to § 3, paragraph 3, the words "insurance companies" are replaced by the words 'business of insurance and reinsurance' and the 'intermediate' word is replaced by the words "insurance or reinsurance intermediaries";
11 ° to § 4, the word "intermediate" is replaced by "intermediaries of insurance and reinsurance.

', and "article 2, § 2, paragraph 2" shall be replaced by the words «article 2, § 3, paragraph 2.
S. 18. article 12 of the Act, as amended by the royal decree of 25 March 2003, became article 11bis, on the understanding that the following changes are made to this article: 1 ° to the paragraph 1, the words "insurance companies" are replaced by the words 'business of insurance and reinsurance' and ' article 2, § 2 "by the words" article 2, § 3 ";
2 ° paragraph 2 is repealed;
3 ° to paragraph 3, which becomes paragraph 2, the words "insurance intermediaries" are replaced by "intermediaries of insurance and reinsurance", the word "intermediary" is replaced by the words "insurance and reinsurance intermediary" and "to the registry" shall be inserted between the words "La CBFA registered these people" and the word "Noting";
4 ° to paragraph 4 which becomes paragraph 3, the words "article 2, § 2» are replaced by the words «article 2, § 3.
S. 19 inserted in chapter II of the Act, section 3, including article 12 worded as follows: "Section 3 Mode of payment of the premium and the provision of insurance article. 12 - article 13 of the law of 25 June 1992 on terrestrial insurance contract applies to any intermediation of insurance within the scope of application of this Act. » Art. 20. in the Act is inserted a chapter IIbis, comprising articles 12bis 12quater and read as follows: «Chapter IIbis. -Information required Section I information to be provided through insurance art. 12bis. - § 1. Prior to the conclusion of a contract of insurance and, if necessary, on the occasion of its amendment or renewal thereof, an insurance intermediary provides at least to the client the following information: 1 ° the identity and address;
2 ° the register intermediaries of insurance in which he scored, number registration and, in the absence of registration, the means to check that it has been registered, as well as, where appropriate, the category in which it was registered;
3 ° the name and address of the insurance undertaking in which it holds a direct or indirect interest greater than 10% of the voting rights or of the capital;
4 ° the name and address of the insurance undertaking or of the parent undertaking of an insurance undertaking which holds a participation, directly or indirectly, more than 10% of the voting rights or of the capital of the insurance intermediary;
5 ° the name and address of the body with which customers and other interested parties may lodge complaints concerning insurance intermediaries.
In addition, insurance intermediary indicates to the client, with respect to the provided contract: 1 ° if he based his advice on an impartial analysis complying with the provisions of § 2, or 2 ° if he is subject to a contractual obligation to work in the insurance industry, exclusively with a single insurance company or with several insurance companies; in this case, it communicates to the customer's request, the name and address of this (these) Enterprise (s) of insurance, or 3 ° if it is not subject to the contractual obligation to work in the insurance industry, exclusively with a single insurance company or with several insurance companies and it does not base his advice on an obligation of impartial analysis complying with the provisions of § 2; in this case, it communicates to the customer's request, the name and address of the company or insurance with companies (which) he can work and works.
In cases where it is required to provide such information at the request of the client, it is informed of the right he has to seek this information.
§
2. When the insurance intermediary informs the customer that he based his advice on an impartial analysis, it is required to base these tips on the analysis of a sufficient number of insurance contracts available on the market, so as to be able to recommend, on the basis of professional criteria, the contract of insurance which would be adapted to the needs of the client.
§ 3. Prior to the conclusion of a specific insurance contract, insurance intermediary determines, in particular on the basis of the information provided by the client, at least the requirements and needs of this client, and specify the reasons that motivate any advice provided to the client about a particular insurance product. These details are modulated according to the complexity of the insurance contract proposed.
§ 4. It is not necessary to provide the information referred to in §§ 1, 2 and 3 when insurance mediation relates to the coverage of large risks.
S. 12B. - insurance intermediary says on his writing paper as well as other documents relating to its activity of insurance mediation and emanating from him, and in his advertising, his registration number in the register of insurance and reinsurance intermediaries.
At the request of the client, he communicates the nature and the scope of its powers.
The particulars referred to in paragraph 1 are completed, with regard to insurance agents, with the names of all companies of insurance in the name and for the account of which they exercise activities of intermediation in insurance and, with regard to the subagents of insurance, by the name of the insurance intermediary for which they act.
The persons referred to in article 2, paragraph 3, mention the name of the insurance undertaking for which they work directly or indirectly to each contact with the public.
The persons referred to in article 3, § 1, mention the name of the insurance or reinsurance intermediary for which they act to each contact with the public.
Section 2. -Modalities of information article 12quater. - any information provided to customers under articles 12A and 12B is communicated: has) on paper or on any other durable medium available and accessible to the client.
(b) with clarity and accuracy, in a manner understandable to the client.
(c) in one of the official languages of the Belgium or in any other language agreed by the parties.
The information referred to may be provided orally when requested by the client, where the coverage takes effect immediately. In this case, the information is communicated to the client immediately after the conclusion of the contract of insurance, in accordance with the provisions of paragraph 1.
In case of sale by telephone, information provided to the client are provided pursuant to the provisions of the Act of August 24, 2005, to implement certain provisions of the financial services remotely and the directive on privacy and electronic communications directive. In this case, information are, similarly, communicated to the client immediately after the conclusion of the contract of insurance, in accordance with the provisions of paragraph 1.
S. 21. the heading of chapter III of the Act is added as follows: 'and administrative measures '.
S. 22. article 13 of the same Act, amended by the law of 2 August 2002 and the royal decree of 25 March 2003, is replaced by the following provision: «art.» 13 - § 1. The CBFA is responsible for the control of compliance with the provisions of this Act and the orders and regulations for its execution.
To this end, it may require the necessary information within the time limit which it shall determine.
It can therefor also conduct inspections on-site and take notice and copy any data in the possession of the intermediary of insurance or reinsurance and insurance or reinsurance undertaking on-site.
Where the CBFA is governed by practices contrary to laws other than this Act, it shall inform the authorities that have such materials within their remit. Similarly, they shall inform the CBFA once their services found violations of laws, orders or regulations committed by persons subject to the Act. This information shall remain subject to the obligation of professional secrecy to which these authorities are required.
§ 2. To ensure proper application of this Act and the orders and regulations for its execution, the CBFA cooperates with the competent authorities as well as with the authorities of third countries in similar vocation, and can interact with these authorities the information confidential in accordance with the provisions of sections 75 and 77, §§ 1 and 2, of the law of 2 August 2002.
§ 3. The CBFA shall notify to the European Commission its designation as the competent authority, in accordance with the requirement of article 7, point 1, of the directive. » Art. 23. in the Act is inserted an article 13bis, as follows: «art.» 13bis. - § 1. Where the CBFA finds that an insurance or reinsurance intermediary does not work in accordance with the provisions of this Act or of the orders and regulations for its execution, it identifies these shortcomings and lays down the period within which it must be remedied to the observed situation.
It can ban for the duration of this time limit the exercise of any or part of the activity of insurance or reinsurance intermediary and suspend the registration in the register.
If, at the end of this period, the CBFA that deficiencies have not been remedied, it shall cancel the registration of the insurance or reinsurance intermediary concerned.
The radiation causes the prohibition to exercise the regulated activity and to use the title.
§ 2. By way of derogation from the provisions of § 1,

where the CBFA finds that an insurance or reinsurance intermediary does not comply with article 10, paragraph 1, 2 °, 4 °, 6 ° bis and 7 °, it puts the notice to remedy the breach within a period of one month as from notification.
If, at the end of this period, it has not remedied the breach, the inclusion of the intermediary of insurance and reinsurance in the register expires right. The CBFA shall notify the insurance or reinsurance intermediary concerned.
» Art. 24. in the Act is inserted an article 13ter, as follows: «art.»
13ter. - where the CBFA finds that an insurance undertaking does not in accordance with the provisions of this Act or of the by-laws and regulations for its execution, it may take the measures provided for in article 26, § 4, of the insurance supervision Act. » Art.
25. in the Act is inserted an article 13quater, worded as follows: «art.» 13quater. the CBFA Management Committee may delegate to a member of the CBFA staff designated by him notification of decisions of registration or refusal of registration in the register of insurance intermediaries and reinsurance, as well as decisions of modification, implementation remains, suspension and cancellation of the recordal. » Art. 26 article 14 of the Act, the words 'Act of 9 July 1975 on the control of insurance undertakings' shall be replaced by the words "insurance supervision Act.
S. 27 A section 15 of the Act, as amended by the laws of 11 April 1999 and 26 June 2000 and by the royal decree of 25 March 2003, the following changes are made: 1 ° 1st paragraph of § 1, the first indent is replaced by the following provision: "exercises the activity of insurance or reinsurance intermediary without being registered in accordance with the provisions of article 5."
2 ° in the 1st paragraph of § 1, the second indent is replaced by the following provision: "does not meet the provisions of article 7.
3 ° in the fourth and fifth indents of paragraph 1 of § 1, the word 'broker' is replaced by 'intermediate insurance or reinsurance.
4 ° to the fifth indent of the paragraph 1 of § 1, punctuation '. ' is replaced by punctuation; »;
5 ° the enumeration in the 1st paragraph of § 1 is supplemented as follows: '-fails to mention the information referred to in articles 12A and 12B;
-fails to communicate to the CBFA the amendments to the information as part of its registration in pursuance of the provisions of chapter II";
6 ° to paragraph 2 of § 1, the word 'broker' is replaced by 'intermediate insurance or reinsurance.
7 ° to § 3, the words 'and will be struck off the register' are deleted.
S. 28. in the Act is inserted an article 15a as follows: «art.» 15A. - § 1. Without prejudice to the other measures provided for by this law, the CBFA may, in respect of a person who does to comply with the warnings that are made to him under this Act or any orders or regulations for execution 1 ° inflict a penalty at the rate of a maximum amount of EUR 25,000 per violation or maximum of 500 euros per day of delay;
2 ° make public the fact that this person is not to comply with the injunctions that were made to comply, within the time limit determined by the CBFA, the provisions of this Act or of the orders or regulations for its execution.
§ 2. The provisions of article 16, paragraph 3, shall apply by analogy to the receipt of periodic penalty payments. » Art. 29. article 16 of the Act, as amended by the Act of June 26, 2000, is replaced by the following provision: «art.» 16 - § 1. The CBFA may, under the conditions laid down by this law and provided that the facts are punishable by criminal sanctions, impose an administrative fine of 25 euros to 25,000 euros, but must not exceed 1% of the commissions earned during the last fiscal year, to one who has committed an offence referred to in article 15 of this Act.
In case of recidivism within a period of five years, this maximum is raised to 3% while the amount cannot exceed 75,000 euros.
When the offender is an insurance undertaking or reinsurance, the figure of 1% or 3% referred to in paragraphs 1 and 2 is based on technical and financial products such as applied to article 82 of the Act, control assurances.
The administrative fine can be calculated at the rate of a daily amount.
§ 2. Where the CBFA finds, on the basis of suspicion, that an insurance or reinsurance intermediary does not comply with the requirement in article 10, paragraph 1, 2 ° bis, as to the ability and sufficient professional repute, or a person referred to in article 10bis, 1 °, does not have the required professional repute and appropriate experience, it follows the procedure laid down in articles 70 to 72 of the law of 2 August 2002.
§ 3. If the offender remains in default to pay the administrative fine, the CBFA decision or the decision of the Court of appeal res judicata is forwarded to the Administration of the cadastre, registration and the areas for the recovery of the amount of the administrative fine. The recovery is done for the benefit of the Treasury.
Prosecution to bring by the administration referred to in paragraph 1 takes place in accordance with article 3 of the national law of December 22, 1949. » Art. 30. article 17 of the Act, as amended by the royal decree of 25 March 2003, is replaced by the following provision: «art.» 17 - § 1. Reinsurance intermediaries which, on the date of entry into force of this Act, exercise the activity of mediation by reinsurance for at least five years are allowed, without prejudice to the provisions of paragraphs 2 and 3, to continue the exercise of this activity.
Notwithstanding the provisions of article 3, the persons designated as responsible for the distribution may continue to exercise their activities, if they are exercising for five years at the time of the entry into force of this Act.
Reinsurance intermediaries referred to in paragraph 1 must bring to the CBFA, within six months of the entry into force of this Act, an application for registration which will be accompanied, where appropriate, the list of persons designated as responsible for the distribution.
The application must be accompanied by the necessary supporting documents that demonstrate that the reinsurance intermediary meets the conditions laid down in articles 10, paragraph 1, 2 °, 3 °, 4 °, 5 °, 6 °, 6 ° bis, 7, and 10bis as to professional repute.
§ 2. Persons designated as responsible for the distribution, reinsurance undertaking may continue their activities if they are exercising for five years at the time of the entry into force of this Act. Relevant reinsurance undertakings must communicate the list of names provided for in article 12, within six months of the entry into force of this Act, to the CBFA, as well as evidence that these people meet the requirements laid down in article 10, paragraph 1, 3 °. » Art. 31. article 18 of the Act is replaced by the following provision: «art.» 18 - reinsurance undertakings have a period of three months from the entry into force of the Act to demonstrate to the CBFA that the persons covered by article 2, § 3, meet the requirements listed in this article.
Insurance and reinsurance intermediaries have the same time to demonstrate that the persons forming part of the effective management referred to in article 10bis meet the requirements laid down in this article as to professional repute. » Art. 32. article 20 of the Act is supplemented by the following paragraph: "the King may, within the limits established by the directive, in whole or in part to another authority or to another instance, transfer of powers conferred on the CBFA by this Act. This order is taken after deliberation by the Council of Ministers, except for the transferred competencies that relate to hardware implementation, and on the advice of the CBFA tasks. » Chapter III amendments to the law of 25 June 1992 on terrestrial insurance art.
33. at article 13 of the law of 25 June 1992 on terrestrial insurance contract the following changes are made: 1 ° the title is replaced by the following: "terms of payment of the premium and the insurance benefit.
2 ° article is supplemented by the following subparagraph: "where the insurer pays directly to the insured or his beneficiary the amounts which he is liable in the performance of the contract of insurance, only reception of the payment by the insured or his beneficiary releases the insurer of its obligations."
CHAPTER IV. -Provisions finals s. 34. this Act comes into force the day of its publication in the Moniteur belge with the exception of article 17 (2), which shall enter into force six months after the publication of the law in the Moniteur belge and article 15, 9 °, which enters into force on the date fixed by the King.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 22, 2006.
ALBERT by the King: the economy Minister, M.
VERWILGHEN sealed with the seal of the State: the Minister of Justice, Mrs L.
ONKELINX _ Notes (1) Session 2004-2005: House of representatives: parliamentary Documents - Bill, 51-1993, no. 1.
Session 2005-2006: Documents

parliamentarians. -Amendments, 51-1993, Nos. 2 and 3. -Report, 51-1993, no. 4. -Text adopted by the commission, 51-1993, no. 5. -Text adopted in plenary meeting and transmitted to the Senate, 51-1993, no. 6.
Full report: January 12, 2006.
Senate: Parliamentary Documents.
-Project not referred by the Senate, 3-1510, no. 1.

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