22 FEBRUARY 2006. - An Act to amend the Act of 25 June 1992 on the Land Insurance Contract and the Act of 27 March 1995 on the intermediation of insurance and the distribution of insurance (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - Introductory provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This law aims to transpose the Directive 2002/92/EC of the European Parliament and the Council of 9 December 2002 on intermediation in insurance.
CHAPTER II. - Amendments to the Act of 27 March 1995 on intermediation in insurance and the distribution of insurance
Art. 3. In the title of the Act of 27 March 1995 on the intermediation of insurance and the distribution of insurance, the words "intermediation in insurance" are replaced by the words "intermediation in insurance and reinsurance".
Art. 4. Before the present chapter I^er of the same law, which shall form chapter I^erbis, a new chapter 1 is inserted, as follows:
CHAPTER I^er. - Definitions
Article 1^er. - For the purposes of this Act, it shall be understood by:
1° "Insurance Intermediation": any activity consisting of presenting or proposing insurance contracts or undertaking other preparatory work for their conclusion or conclusion, or contributing to their management and execution;
are not considered an intermediation in insurance:
- the activities carried out by an insurance company or an employee of an insurance company that acts under the responsibility of the insurance company;
- the activities of providing information on an occasional basis within the framework of another business activity provided that these activities are not intended to assist the client in the conclusion or execution of an insurance contract, the management, as a professional basis, of claims of an insurance company or the activities for the estimation and liquidation of claims;
2° "intermediation in reinsurance": any activity consisting of presenting or proposing reinsurance contracts or other preparatory work for their conclusion or conclusion, or contributing to their management and execution;
are not considered an intermediation in reinsurance:
- the activities carried out by a reinsurance company or an employee of a reinsurance company that acts under the responsibility of the reinsurance company;
- the activities of providing information on an occasional basis within the framework of another business activity, provided that these activities are not intended to assist the client in the conclusion or execution of a reinsurance contract, the management, in a professional capacity, of claims of a reinsurance company or the activities of estimating and liquidation of claims;
3° "insurance intermediary": any legal or physical person who has the status of an independent worker within the meaning of social legislation and who has activities of intermediation in insurance, even on occasion, or has access to that activity;
4° "reinsurance intermediary": any legal or physical person having the status of an independent worker within the meaning of social legislation and carrying out reinsurance intermediation activities, even on occasion, or accessing this activity;
5° "in charge of distribution":
(a) any natural person in the direction of an insurance or reinsurance intermediary, or any employee in the service of such intermediary, and who, de facto, assumes the responsibility or control of the intermediation in insurance and reinsurance;
(b) any natural person who, in an insurance or reinsurance business, de facto assumes responsibility for persons responsible for the distribution of insurance or reinsurance products or exercises control over such persons;
6° "insurance broker": the intermediary of insurance or reinsurance that connects insurance licensees and insurance companies, or insurance companies and reinsurance companies, without being bound by the choice of insurance companies;
7° "insurance agent": an insurance or reinsurance intermediary that, because of one or more conventions or powers of attorney, on behalf of one or more insurance or reinsurance companies, carries out insurance or reinsurance intermediation activities;
8° "insurance sub-agent": the intermediary of insurance or reinsurance, other than the one referred to in points 6° and 7°, which acts under the responsibility of persons subject to 6° or 7°;
9° "insurance company": an insurance company within the meaning of section 91bis, 1° and 2°, of the Insurance Control Act;
10° "reinsurance company": a reinsurance company within the meaning of section 91bis, 3°, of the Insurance Control Act;
11° "big risks": risks within the meaning of Article 1^er7 of the Royal Decree of 22 February 1991 on the General Regulation on the Control of Insurance Companies;
12° "Member State": a State part of the European Economic Area;
13° « Member State of origin » :
(a) if the insurance or reinsurance intermediary is a natural person, the Member State in which it is domiciled and where it operates;
(b) if the insurance or reinsurance intermediary is a legal entity, the member State in which its head office is established or, if that corporation has no head office under its national law, the member State in which its central administration is located;
14° "Reception Member State": the Member State, other than the Member State of origin, where an insurance or reinsurance intermediary has a branch or carries on an activity free of service;
15° "CBFA": the Banking, Financial and Insurance Commission;
16° "competent authorities": authorities within the meaning of Article 2, item 11, of the Directive;
17° "sustainable support": any instrument that allows the customer to store information that is addressed to him personally, so that they can be consulted later for a period adapted to the purpose of this information, and allowing the exact reproduction of the stored information;
In particular, the concept of "sustainable support" includes computer disks, CD-ROMs, DVDs and hard disks of the consumer computer on which e-mail is stored, but does not include an Internet site, unless this site meets the criteria specified in the definition of sustainable support;
18° "the insurance control law": the Act of 9 July 1975 on the control of insurance companies;
19° "the Act of 2 August 2002": the Act of 2 August 2002 on financial sector surveillance and financial services;
20° "the directive": Directive 2002/92/EC of the European Parliament and the Council of 9 December 2002 on insurance intermediation. »
Art. 5. Article 1^er of the same law becomes section 1^erbis, provided that the following amendments are made to this article:
1° the words "insurance contracts" are replaced by the words "insurance or reinsurance contracts";
2° the words "to be completed as an insurance intermediary or to offer insurance products on sale to the public in any form" are replaced by the words "access to the insurance and reinsurance intermediation activity and to the exercise of that activity, the distribution of insurance".
Art. 6. Section 2 of the Act, as amended by the Act of 11 April 1999, is replaced by the following provision:
“Art. 2. § 1^er. This Act applies to insurance intermediaries and reinsurance intermediaries whose country of origin is Belgium or who operate in Belgium.
§ 2. This Act does not apply to persons referred to in § 1^er in the following cases:
1° where they operate exclusively for the purpose of ensuring or reinsurance of the risks of their own business or the group of enterprises to which they belong;
2° where the insurance or reinsurance intermediation relates to insurance or reinsurance contracts for which all the following conditions are met:
(a) the contract requires only knowledge of the coverage provided by the insurance;
(b) the contract is not a life insurance contract;
(c) the contract does not include any coverage of civil liability;
(d) the intermediation in insurance or reinsurance does not constitute the principal professional activity of the persons concerned;
(e) insurance is a supplement to the product or service provided by any supplier, when it covers:
- the risk of malfunction, loss or damage to the goods provided by that supplier, or
- the risk of damage or loss of baggage and other risks associated with a travel reserved with that supplier, even if the insurance covers life or civil liability, provided that this coverage is incidental to the main coverage related to the risks associated with that travel.
(f) the amount of the annual premium shall not exceed 500 euros and the total duration of the contract, including renewals, shall not exceed five years;
§ 3. Individuals who, in an insurance or reinsurance company operating in Belgium, are designated as responsible for the distribution must meet the same conditions for professional knowledge, fitness and professional honesty as those for insurance and reinsurance intermediaries in Article 10, 1°, 2°bis and 3°.
Other persons of an insurance or reinsurance company who, in any way, are in contact with the public in order to offer for sale or to sell products of their business must meet the conditions of professional knowledge set out in Article 11, § 2. »
Art. 7. Section 3 of the Act is replaced by the following provision:
“Art. 3. - When an insurance or reinsurance intermediary occupies workers, the conditions relating to professional knowledge, skills and professional honorability referred to in Article 10, 1°, 2°bis and 3°, shall be met by the distribution officials.
Other persons who deal directly with insurance or reinsurance intermediation, in particular any person who, in this and in any way, is in connection with the public, must meet the conditions for professional knowledge set out in Article 11, § 2. »
Art. 8. The following amendments are made to section 4 of the Act:
1° the word "intermediate" is replaced by the words "intermediaries of insurance and reinsurance";
2° the words "distributors" are replaced by the words "one or more physical persons as responsible for the distribution";
3° the words "a distribution activity is exercised" are replaced by the words "is carried out, respectively, an intermediation activity in insurance or distribution of insurance";
4° the words "if they employ more than five people" are replaced by the words "if more than five people operate in insurance or reinsurance intermediation."
Art. 9. Section 5 of the Act, replaced by the Act of 11 April 1999 and amended by the Royal Decree of 25 March 2003, is replaced by the following provision:
“Art. 5. § 1^er. No insurance or reinsurance intermediary in which Belgium is the Member State of origin may exercise the intermediation activity in insurance or reinsurance, if it is previously registered in the register of insurance and reinsurance intermediaries held by the CBFA.
No intermediary of insurance or reinsurance having as a Member State of origin a country other than Belgium may exercise in Belgium the intermediation activity in insurance or reinsurance, if it is previously registered as an intermediary of insurance or reinsurance by the competent authority of its Member State of origin, without prejudice to the provisions of Article 8, § 2.
No insurance or reinsurance intermediary having his domicile or head office in a non-member country of the European Economic Area may exercise in Belgium the intermediation activity in insurance or reinsurance, if it is previously registered in the register of insurance and reinsurance intermediaries held by the CBFA.
The register of insurance and reinsurance intermediaries maintained by the CBFA consists of the following categories: "insurance brokers", "insurance agents" and "insurance sub-agents".
An insurance or reinsurance intermediary may only be registered in one of the above categories.
§ 2. Insurance and reinsurance companies that have an establishment in Belgium or operate in Belgium without being established may not use an insurance or reinsurance intermediary that is not registered in accordance with the provisions of § 1^er.
However, if they rely on an unregistered insurance or reinsurance intermediary, they are civilly responsible for the acts committed by these intermediators as part of their insurance or reinsurance intermediation activity. »
Art. 10. In section 5bis of the Act, inserted by the Act of 11 April 1999 and amended by the Royal Decree of 25 March 2003, the following amendments are made:
1° in paragraph 1 the word "intermediate" is replaced by the words "intermediary of insurance or reinsurance", the words "insurance business" by the words "insurance or reinsurance business", and the words "insurance companies" by the words "insurance or reinsurance companies"; in the Dutch text of the same paragraph, the word "enkele" is replaced by the word " meerdere";
2° paragraph 2 is repealed;
3° in former paragraph 3, which became paragraph 2, the word "intermediary" is replaced by the words "intermediary of insurance or reinsurance" and the words "insurance companies" by the words "insurance or reinsurance companies";
4° in the Dutch text of former paragraph 4, which became paragraph 3, the word "paelijk" was replaced by the word "onverwijld".
Art. 11. Section 6 of the Act, as amended by the Act of 11 April 1999, is repealed.
Art. 12. Section 7 of the Act, replaced by the Act of 11 April 1999, is replaced by the following provision:
“Art. 7. - For the activities covered by this Act, no one may bear the title of insurance broker, insurance agent or insurance sub-agent, or of a broker, agent or sub-agent, to indicate the insurance, reinsurance or intermediation activity in insurance or reinsurance, if it is not registered in the insurance and reinsurance intermediaries registry, respectively in the insurance category " »
Art. 13. Section 8 of the Act, as amended by the Act of 11 April 1999, is replaced by the following provision:
“Art. 8. § 1^er. Any insurance or reinsurance intermediary registered in Belgium that intends to carry out activities in another Member State for the first time under the scheme of freedom of establishment or free provision of services, advises CBFA. The register indicates in which Member States the intermediary operates under freedom of establishment or free service.
In the month of the notification, the CBFA informs the competent authority of the host Member State of this intention and communicates this notification to the intermediary concerned.
§ 2. The intermediary of insurance or reinsurance registered in a Member State other than Belgium may begin its activities in Belgium, either under the regime of freedom of establishment or under that of free service, after having notified the competent authority of its Member State of origin, and after this authority has notified the CBFA in accordance with the provision of European law in this matter. The CBFA publishes the list of these insurance and reinsurance intermediaries on its website and ensures its regular update on the basis of the data available to it.
The intermediary of insurance or reinsurance referred to in paragraph 1^er must comply, in the course of its activities, with the legal and regulatory provisions applicable in Belgium to insurance and reinsurance intermediaries for reasons of general interest. CBFA communicates to these insurance and reinsurance intermediaries what provisions are, to its knowledge, of general interest.
§ 3. Intermediaries of insurance and reinsurance referred to in § 1^er, paragraph 2, as well as the insurance and reinsurance intermediaries referred to in § 2, may begin their activities in the host Member State concerned at the earliest one month after being notified by the competent authority of their Member State of origin. »
Art. 14. Article 9 of the Act, amended by the Acts of 11 April 1999 and 2 August 2002 and by the Royal Decree of 25 March 2003, the existing text of which shall constitute § 1^erthe following modifications are made:
1° to paragraph 1^erthe word "registration" is replaced by the word "registration";
2° in paragraph 2, the words "the activities described in Article 2, § 1^er," are replaced by the words "intermediation in insurance or reinsurance";
Paragraph 4 is replaced by the following provision:
"Without prejudice to the provisions of Article 10, several candidates may apply for collective registration if compliance with their obligations under Article 10 is verified by a central agency. This central agency must be an insurance intermediary, a reinsurance intermediary, an insurance company, a reinsurance company, a company subject to additional supervision over insurance companies within the meaning of section 91ter of the Insurance Control Act, or another organization or company that meets the conditions determined by the King on the proposal of the CBFA. In this case, the application for registration is filed by the central body under its responsibility. For the purposes of this Act, their file will be treated as a single business. The insurance or reinsurance intermediary is de-registered when the central agency requests the withdrawal of its registration. »;
4° in paragraph 5, the words "to 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, the words "zijn beslissing" are replaced by the words "haar beslissing";
5° Paragraph 6 is repealed;
6° Paragraph 7 is replaced by the following provision: "If the intermediary of insurance or reinsurance is no longer in the circumstances referred to in the declaration on honour referred to in section 5bis, paragraph 1^er, it is registered in another registry category. »;
7° Paragraph 8 and last is repealed;
8° the article is supplemented by a § 2, written as follows:
Ҥ2. The list of registered insurance and reinsurance intermediaries is published on the CBFA website. The latter is responsible for regularly updating this website on the basis of the data available to it.
The website mentions for each insurance or reinsurance intermediary the data necessary for its identification, the date of its registration, the category in which it is registered, if any, the date of its deletion, and any other information that CBFA considers useful for correct public information. The CBFA determines the conditions under which the reference to the delisting of an intermediary is removed from the website. »
Art. 15. Section 10 of the Act, as amended by the Act of 11 April 1999 and the Royal Decree of 25 March 2003, are amended as follows:
1° in the introductory sentence, the words "insurance intermediaries" are replaced by the words "insurance and reinsurance intermediaries", and the words "insurance intermediaries" are replaced by the words "insurance or reinsurance intermediaries";
2° 1° is replaced by the following provision:
« 1° To possess the required professional knowledge as determined by Article 11. »;
3° a 2°bis, written as follows, is inserted:
"2°bis Have sufficient professional skills and honorability. »;
4° to 3°, the first sentence is repealed, and the words "Act of July 9, 1975 on the control of insurance companies" are replaced by the words "survey control law";
5° the first sentence of the 4° is replaced by the following provision: "Ensuring professional civil liability covering the entire territory of the European Economic Area. »;
6° to 4°, the word "intermediate" is replaced each time by the words "insurance and reinsurance intermediaries", the words "insurance companies" are replaced by the words "insurance or reinsurance companies" and the words "on behalf or" are replaced by the words "on behalf and";
7° to 5°, the words "insurance contracts" of the introductory sentence are replaced by the words "insurance or reinsurance contracts", the word "insurance" of the first dash is replaced by the words "insurance companies or with a reinsurance company" and the words "insurance companies" of the second dash are replaced by the words "insurance companies" in the Dutch text of the same paragraph 1^er, 5°, the word "verzekeringsovereenkomsten" of the first and the second dash is replaced each time by the word "overeenkomsten";
8° 6° is replaced by the following provision:
« 6° With respect to their insurance or reinsurance intermediation activity in Belgium, only deal with companies that, under the Insurance Control Act, are approved for the exercise of this activity in Belgium, or with companies that, under Chapter Vter of the same law, are authorized to offer their insurance benefits in Belgium. »;
9° a 6°bis, as follows, is inserted:
"6°bis Adhering to an extra-judicial system of handling complaints. He must either have joined such a system himself or be a member of a professional association that has joined such a system. It is required to contribute to the financing of the system.
The King may establish an extra-judicial complaints system to help resolve disputes between insurance intermediaries, reinsurance intermediaries, insurance companies and reinsurance companies, and on the other hand their clients, by rendering a notice or acting as mediator.
The order made under the preceding paragraph may determine in particular:
- the type of complaints and disputes that may be submitted;
- the composition of the bodies and the functioning of the extra-judicial complaints system;
- the funding arrangements for this system; financing is carried out by insurance companies authorized to carry out an insurance activity in Belgium, and through insurance and reinsurance brokers authorized to carry out an insurance or reinsurance intermediation activity in Belgium;
- the procedure to be followed and the time limit for rendering the notice or mediation;
- the form in which the notice or intervention of the mediator must be made public (public).
10° a 6°ter, as follows, is inserted:
"6°ter Respect the provisions of articles 12bis, 12ter and 12quater."
11° the article is supplemented by the following paragraph:
"Intermediaries of insurance and reinsurance and, in the case referred to in Article 9, § 1^er, paragraph 4, the central agency shall demonstrate to the CBFA, in accordance with the rules specified by the CBFA by regulation, including in respect of periodicity, compliance with the provisions provided for in paragraph 1^er. »
Art. 16. In the same Act, an article 10bis is inserted:
"Art. 10bis. - Insurance and reinsurance intermediaries with the quality of a corporation are in addition registered and retain their registration, provided that:
1° that the persons to whom the effective management is entrusted have the necessary professional honourability, the required professional knowledge referred to in Article 11, and the appropriate experience to exercise 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 qualities necessary to ensure sound and prudent management; insurance and reinsurance intermediaries inform the CBFA of any changes to this control. »
Art. 17. Section 11 of the Act, amended by the Act of 11 April 1999 and by the Royal Decree of 25 March 2003, are amended as follows:
1° to § 1^er, 1°, A, the punctuation sign "." located at the end of point d) is replaced by the punctuation sign "; »;
2° § 1^er, 1°, A, is completed as follows:
"(e) anti-money legislation, provided that insurance or reinsurance is subject to the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering and Financing of Terrorism. »;
3° the existing text of paragraph 1^er § 2 becomes the 1st of § 2, on the understanding that in the first sentence, the words "Article 2, § 1^er, c), in Article 2, § 2, second paragraph, are replaced by the words "Article 1^er, 8°, in Article 2, § 3, paragraph 2, and in the last sentence, the words "Article 2, § 2, first paragraph" are replaced by the words "Article 2, § 3, paragraph 1^er and § 1^erB by § 1^er1°, B »;
4° the existing text of paragraph 2 of § 2 becomes the 3° of § 2, on the understanding that the words "other persons" are replaced by the words "intermediaries of insurance and reinsurance";
5° to § 2, a 2°, written as follows, is inserted between 1° and 3°:
"(2) reinsurance intermediaries are exempt from the knowledge of the substances determined in § 1^er, 1°, A, a) and c). »;
6° a § 2bis, as follows, is inserted:
“§ 2bis. By the required professional knowledge as referred to in Article 10bis, 1°, a sufficient knowledge of the subject matter determined in § 1^er, 1°, B. This knowledge is also required when the persons referred to in this article are responsible for the distribution. »;
7° to § 3, paragraph 1^er, 1°, the word "degrees" is replaced by the word "certificate", and the phrase "For reinsurance intermediaries, the duration of the practical experience is fixed to five years. is added;
8° § 3, paragraph 1^er, 2°, is replaced by the following provision:
"2° holders of a certificate of higher secondary education who have followed with fruit a specialized insurance course organized by or under a decree, a representative professional organization, an insurance or reinsurance company or an insurance or reinsurance intermediary, including credit institutions. This specialized course must be approved by the CBFA. The King may, on the proposal of the CBFA, specify the rules to which examinations related to the insurance course referred to herein must be met. The interested person must also justify a practical experience whose duration will be fixed by the King but may not exceed two years. For reinsurance intermediaries, the length of the practical experience is five years. »;
9° to § 3, paragraph 2, the word "intermediate" is replaced by the words "intermediate insurance and reinsurance";
10° in § 3, paragraph 3, the words "insurance companies" are replaced by the words "insurance and reinsurance companies" and the word "intermediaries" is replaced by the words "insurance or reinsurance intermediaries";
11° to § 4, the word "intermediate" is replaced by the words "intermediate insurance and reinsurance" and the words "Article 2, § 2, paragraph 2" are replaced by the words "Article 2, § 3, paragraph 2".
Art. 18. Section 12 of the Act, as amended by the Royal Decree of 25 March 2003, becomes section 11bis, provided that the following amendments are made to this section:
1° to paragraph 1^erthe words "insurance companies" are replaced by the words "insurance and reinsurance companies" and the words "Article 2, § 2" by the words "Article 2, § 3";
2° paragraph 2 is repealed;
3° in paragraph 3, which becomes paragraph 2, the words "insurance intermediaries" are replaced by the words "insurance and reinsurance intermediaries", the word "intermediate" is replaced by the words "insurance and reinsurance" and the words "in the register" are inserted between the words "CBFA registers these persons" and the word "indicating";
4° in paragraph 4, which becomes paragraph 3, the words "Article 2, § 2" are replaced by the words "Article 2, § 3".
Art. 19. It is inserted in Chapter II of the Act, a section 3, including section 12, which reads as follows:
“Section 3
Method of payment of premium and insurance benefit
Art. 12. - Section 13 of the Land Insurance Contract Act of 25 June 1992 applies to any insurance intermediation within the scope of this Act. »
Art. 20. In the same law is inserted a chapter IIbis, comprising articles 12bis to 12quater and written as follows:
« CHAPTER IIbis . - Required information
Section I^re Information to be provided through insurance
Art. 12bis. § 1^er. Prior to the conclusion of an insurance contract and, if necessary, on the occasion of its modification or renewal, an insurance intermediary provides at least to the customer the following information:
1° his identity and address;
2° the register of insurance intermediaries in which it was registered, its registration number, and, in the absence of a registration number, the means to verify that it was registered, as well as, where applicable, the category in which it was registered;
3° the name and address of the insurance company in which it holds a direct or indirect interest greater than 10% of the voting or capital rights;
4° the name and address of the insurance company or the parent company of an insurance company that holds a direct or indirect interest greater than 10% of the voting or capital rights of the insurance intermediary;
5° the name and address of the organization to which customers and other interested parties may file a complaint regarding insurance intermediaries.
In addition, the insurance intermediary indicates to the client, with respect to the contract provided:
1° if it bases its advice on an impartial analysis that meets the provisions of § 2, or
2° if it is subject to a contractual obligation to work in the insurance sector exclusively with a single insurance company or with several insurance companies; in this case, the client shall communicate, at the request of the client, the name and address of the insurance company(s) or
3° if it is not subject to the contractual obligation to work, in the insurance sector, exclusively with a single insurance company or with several insurance companies and if it does not base its advice on an impartial analysis obligation that meets the provisions of § 2; in this case, at the request of the customer, the name and address of the company or insurance companies with which (these) it can work and work.
In cases where it is required to provide such information at the request of the client, the client is informed of the right to request such information.
§ 2. When the insurance intermediary informs the customer that it bases its advice on an impartial analysis, it is required to base these advice on the analysis of a sufficient number of insurance contracts offered on the market, so that it can recommend, according to professional criteria, the insurance contract that would be tailored to the needs of the customer.
§ 3. Prior to the conclusion of a specific insurance contract, the insurance intermediary determines, in particular on the basis of the information provided by the customer, at least the requirements and needs of that client, and specifies the reasons for any advice provided to the client regarding a specified insurance product. These details are modified based on the complexity of the proposed insurance contract.
§ 4. It is not necessary to provide the information referred to in §§ 1^er, 2 and 3 when the insurance intermediation concerns the coverage of large risks.
Art. 12ter. - The insurance intermediary refers to his letter paper and other documents relating to his or her insurance intermediation activity, as well as to his advertising, his or her registration number in the insurance and reinsurance intermediary register.
At the request of the client, he communicates the nature and scope of his skills.
Mandatory references referred to in paragraph 1^er are supplemented, with respect to insurance agents, by the names of all insurance companies in the name and on whose behalf they carry out insurance intermediation activities and, with respect to insurance sub-agents, by the name of the insurance intermediary for which they operate.
The persons referred to in Article 2, § 3, shall mention to each contact with the public the name of the insurance company for which they work directly or indirectly. The persons referred to in Article 3, § 1^er, mention to each contact with the public the name of the insurance or reinsurance intermediary for which they act.
Section 2. - Terms of information
Art. 12quater. - Any information provided to customers under 12bis and 12ter is communicated:
(a) on paper or other durable material available and accessible to the client;
b) with clarity and accuracy, in a manner that is understandable to the client;
(c) in one of the official languages of Belgium or in any other language agreed by the parties.
The information may be provided orally when requested by the client, in the event that the coverage comes into force immediately. In this case, the information shall be communicated to the customer immediately after the conclusion of the insurance contract, in accordance with the provisions of paragraph 1^er.
In the event of a telephone sale, the information provided to the customer is provided in accordance with the provisions of the Act of 24 August 2005 to transpose certain provisions of the Remote Financial Services Directive and the Privacy and Electronic Communications Directive. In this case, the information is also communicated to the customer immediately after the conclusion of the insurance contract, in accordance with the provisions of paragraph 1^er.
Art. 21. The title of Chapter III of the Act is supplemented as follows: "and administrative measures".
Art. 22. Section 13 of the Act, as amended by the Act of 2 August 2002 and the Royal Decree of 25 March 2003, is replaced by the following provision:
“Art. 13. § 1^er. CBFA is responsible for monitoring compliance with the provisions of this Act and the regulations and regulations made for its implementation.
It may, for this purpose, require the necessary information within the time it determines.
This may also result in on-site inspections and may be informed and copied on-site from any information in possession of the insurance or reinsurance intermediary or the insurance or reinsurance business.
Where CBFA is subject to practices that are contrary to legislation other than this Act, it shall inform the authorities that have these matters in their powers. Similarly, they inform CBFA when their services have found violations of laws, orders or regulations committed by persons subject to this Act. This information remains subject to the professional secrecy to which these authorities are held.
§ 2. With a view to the effective implementation of this Act and the decrees and regulations made for its execution, the CBFA shall cooperate with the competent authorities and with the authorities of third countries with similar vocations, and may exchange confidential information with these authorities in accordance with the provisions of Articles 75 and 77, §§ 1^er and 2, Act of 2 August 2002.
§ 3. CBFA shall notify the European Commission of its designation as competent authority, in accordance with the requirement of Article 7, item 1^erFrom the directive. »
Art. 23. In the same Act, an article 13bis is inserted:
"Art. 13bis. § 1^er. When the CBFA finds that an insurance or reinsurance intermediary does not work in accordance with the provisions of this Act or the orders and regulations made for its execution, it identifies such breaches and sets out the time frame for the relief of the situation.
It may prohibit for the duration of this period the exercise of all or part of the activity of the insurance or reinsurance intermediary and suspend the registration in the register.
If, at the end of this period, the CBFA finds that it has not been remedied to the breaches, it removes the registration of the insurance or reinsurance intermediary.
Radiation leads to a ban on the exercise of regulated activity and to the title.
§ 2. By derogation from the provisions of § 1^erwhere the CBFA finds that an insurance or reinsurance intermediary does not comply with the provisions of section 10, paragraph 1^er, 2°, 4°, 6°bis and 7°, it still puts it in place to remedy the breach within one month of the stay.
If, at the end of this period, the failure has not been corrected, the registration of the insurance or reinsurance intermediary in the register expires in full right. The CBFA advises the intermediary of insurance or reinsurance. »
Art. 24. In the same Act, an article 13ter is inserted, as follows:
"Art. 13ter. - Where the CBFA finds that an insurance company does not operate in accordance with the provisions of this Act or the orders and regulations made for its execution, it may take the measures provided for in Article 26, § 4, of the Insurance Control Act. »
Art. 25. In the same Act, section 13quater is inserted, as follows:
"Art. 13quater. The management committee of the CBFA may entrust to a member of the CBFA staff designated by it the notification of decisions to register or refuse to register the insurance and reinsurance intermediaries, as well as decisions to amend, reinstate, suspend and de-list. »
Art. 26. In section 14 of the Act, the words "law of July 9, 1975 on the control of insurance companies" are replaced by the words "survey control law".
Art. 27. Section 15 of the Act, amended by the Acts of 11 April 1999 and 26 June 2000, and by the Royal Decree of 25 March 2003, are amended as follows:
1° to paragraph 1^er § 1^er, the text of the first dash is replaced by the following provision: "exercise the intermediary activity of insurance or reinsurance without being registered in accordance with the provisions of section 5";
2° to paragraph 1^er § 1^er, the text of the second dash is replaced by the following provision: "not complying with the provisions of Article 7";
3° to the fourth and fifth dash of paragraph 1^er § 1^erthe word "intermediate" is replaced by the words "intermediary of insurance or reinsurance";
4th to 5th dash of paragraph 1^er § 1^er, the punctuation sign "." is replaced by the punctuation sign "; »;
5° enumeration in paragraph 1^er § 1^er is completed as follows:
" - omits to mention the information referred to in articles 12bis and 12ter;
- fails to communicate to the CBFA any changes to the information that is part of its registration record pursuant to the provisions of Chapter II »;
6° to paragraph 2 of § 1^erthe word "intermediate" is replaced by the words "intermediary of insurance or reinsurance";
7° in § 3, the words "and will be removed from the register" are deleted.
Art. 28. In the same Act, an article 15bis is inserted:
"Art. 15bis. § 1^er. Without prejudice to the other measures provided for in this Act, CBFA may, in respect of a person who fails to comply with the stipulations made under this Act or the orders or regulations made for its performance.
1° inflict a breach on a maximum of 25,000 euros per offence or up to 500 euros per day of delay;
2° publicize the fact that this person has not complied with the injunctions that have been made to respect, within the time specified by the CBFA, the provisions of this Act or the orders or regulations made for its execution.
§ 2. The provisions of Article 16, § 3, shall apply by analogy to the encumberment of the astreintes. »
Art. 29. Section 16 of the Act, as amended by the Act of 26 June 2000, is replaced by the following provision:
“Art. 16. § 1^er. The CBFA may, under the conditions set out in this Act and provided that the facts are punishable by criminal penalties, impose an administrative fine of 25 euros to 25,000 euros, without exceeding 1% of the commissions received during the last fiscal year, to the person who committed an offence under section 15 of this Act.
In the case of recidivism within five years, this maximum is increased to 3% without the amount exceeding 75,000 euros.
When the offender is an insurance or reinsurance company, the figure of 1% or 3% referred to in paragraphs 1^er and 2 is calculated on technical and financial products as applied in section 82 of the Insurance Control Act.
The administrative fine can be calculated on a daily basis.
§ 2. When the CBFA finds, on the basis of serious indexes, that an insurance or reinsurance intermediary does not meet the requirement of section 10, paragraph 1^er, 2°bis, as to the suitability and professional honesty, or that a person referred to in section 10bis, 1°, does not have the necessary professional honesty and adequate experience, it follows the procedure provided for in sections 70 to 72 of the Act of 2 August 2002.
§ 3. If the offender remains in default of paying the administrative fine, the CBFA's decision or the decision of the Court of Appeal passed in force of judgment shall be forwarded to the Administration of the cadastre, registration and areas for the recovery of the amount of the administrative fine. The recovery is for the benefit of the treasury.
Prosecutions to be brought by the administration referred to in paragraph 1^er take place in accordance with Article 3 of the State Law of 22 December 1949. »
Art. 30. Section 17 of the Act, as amended by the Royal Decree of 25 March 2003, is replaced by the following provision:
“Art. 17. § 1^er. Reinsurance intermediaries who, at the date of entry into force of this Act, have been engaged in reinsurance intermediation activities for at least five years are permitted, without prejudice to the provisions of paragraphs 2 and 3, to continue the exercise of this activity. Notwithstanding the provisions of section 3, persons designated as distribution officials may continue to carry out their activities, if they have already done so for five years at the time of the coming into force of this Act.
Reinsurance intermediaries referred to in paragraph 1^er must apply to the CBFA, within six months of the coming into force of this Act, an application for registration that will be accompanied, if any, of the nominative list of persons designated as distribution officials.
The application must be accompanied by the necessary supporting documents that demonstrate that the reinsurance intermediary meets the conditions set out in sections 10, paragraph 1^er, 2°, 3°, 4°, 5°, 6°, 6°bis, 7°, and 10bis regarding professional honesty.
§ 2. Individuals of a reinsurance company designated as distribution officials may continue their activities if they have already been operating for five years at the time of the coming into force of this Act. Reinsurance companies concerned shall communicate the nominative list provided for in section 12, within six months of the coming into force of this Act, to the CBFA, as well as the evidence that these individuals meet the requirements of section 10, paragraph 1^erThree. »
Art. 31. Section 18 of the Act is replaced by the following provision:
“Art. 18. - Reinsurance companies have a period of three months from the coming into force of the law to demonstrate to the CBFA that the persons referred to in section 2, § 3, meet the requirements listed in this section. Insurance and reinsurance intermediaries have the same time limit to demonstrate that persons who are part of the effective management referred to in section 10bis meet the requirements set out in this section regarding professional honesty. »
Art. 32. Section 20 of the Act is supplemented by the following paragraph:
"The King may, within the limits set out in the directive, transfer, in whole or in part, to another authority or other proceeding, the powers assigned to the CBFA by this Act. This order is made after deliberation in the Council of Ministers, except for the transferred competencies that relate to material enforcement tasks, and on the advice of the CBFA. »
CHAPTER III Amendments to the Act of 25 June 1992 on the Contract for Terrestrial Insurance
Art. 33. Section 13 of the Act of 25 June 1992 on the land insurance contract is amended as follows:
1° the title is replaced by the following title:
"Terms of payment of the premium and insurance benefit";
2° the article is supplemented by the following paragraph:
"When the insurer fails to pay directly to the insured person or his or her owner the amounts to which he or she is liable in the performance of the insurance contract, only the effective receipt of the payment by the insured person or his or her rightful person releases the insurer from his or her obligations. »
CHAPTER IV. - Final provisions
Art. 34. This Act comes into force on the day of its publication to the Belgian Monitor with the exception of Article 17, 2°, which comes into force six months after the publication of the law to the Belgian Monitor and Article 15, 9°, which comes into force on the date fixed by the King.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 February 2006.
ALBERT
By the King:
Minister of Economy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) 2004-2005 session:
House of Representatives:
Parliamentary Documents - Bill, 51-1993, No. 1.
Session 2005-2006 :
Parliamentary documents . - Amendments, 51-1993, n^bones 2 and 3. - Report, 51-1993, No. 4. - Text adopted by the Commission, 51-1993, No. 5. - Text adopted in plenary and transmitted to the Senate, 51-1993, No. 6.
Full report: 12 January 2006.
Senate:
Parliamentary documents. - Project not referred to by the Senate, 3-1510, No. 1.