belgiquelex.be - Carrefour Bank of Legislation 11 AVRIL 1999. - An Act to amend the Act of 27 March 1995 on intermediation in 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:
Article 1
er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Article 2, § 1
erthe Act of 27 March 1995 on the intermediation of insurance and the distribution of insurance is supplemented by the following paragraph:
"The King may, under the conditions that He determines, by order deliberately in the Council of Ministers, exempt from the application of Article 10, 2° and 4°, and reduce the professional knowledge referred to in Article 10, 1°, to a basic knowledge of the products sold or offered, persons whose main activity is not the provision of insurance advice or the sale of insurances and who intervene in:
- have a duration of less than one year, including temporary insurance against death but excluding other life insurance contracts,
- either cover the risk of loss or damage to property sold by these persons and do not require in-depth knowledge of insurance law and technology, provided that the non-tax and contribution commercial premium does not exceed 125 euros. »
Art. 3. Section 5 of the Act is replaced by the following provision:
“Article 5. No one may exercise in Belgium one of the activities defined in Article 2, § 1
erif it is not registered in the insurance intermediaries register maintained by the Insurance Supervisory Board. According to an activity referred to in Article 2, § 1
er, paragraph 2, (a), (b), (c) or (d), the insurance intermediary is listed in the category "insurance brokers", "insurance agents", "insurance sub-agents" or "other insurance intermediaries". »
Art. 4. Article 5bis is introduced in the same Act, which reads as follows:
"Artikel 5bis. The intermediary who wishes to be registered in the category "insurance brokers" attached to his application for registration a statement on the honour of which it appears that he carries out his professional activities outside of any exclusive agency contract or any other legal undertaking requiring him to place all or a specified part of his production with an insurance company or several insurance companies belonging to the same group.
The intermediary registered in the "insurance brokers" category displays in each of its points of sale, clearly, legibly and unequivocally, and is at the disposal of any insurance applicant who applies, the share of each insurance company that accounted for at least 5% of its turnover in the last accounting year.
Without prejudice to the legal provisions relating to the inviolability of the home and the protection of privacy, the Insurance Supervisory Board may conduct any investigation, including in the premises where the intermediary operates or at the headquarters of the insurance companies concerned, in order to control the veracity of the declaration.
Any modification to the data on which the declaration relates to the honour referred to in paragraph 1
er must be communicated promptly to the Insurance Supervisory Board. »
Art. 5. The following amendments are made to section 6 of the Act:
(a) in paragraph 1
erthe words "related to insurance intermediation activities" are inserted between the word "documents" and the words "that emanate from him";
(b) Paragraph 3 is replaced by the following:
"Required references in paragraph 1
er are, with respect to insurance agents, supplemented by the names of all insurance companies on behalf of which they act exclusively and, with respect to insurance sub-agents, by the name of the intermediary for which they work.
The persons referred to in Article 2, § 2, mention the name of the insurance company for which they work, directly or indirectly, in all their contacts with the public. »
Art. 6. Section 7 of the Act is replaced by the following provision:
“Article 7. For the activities covered by this Act, no one shall be entitled to be a broker, agent or sub-agent if he or she is not registered in the insurance intermediaries register, respectively, in the category "insurance brokers", "insurance agents", or "insurance sub-agents. »
Art. 7. In section 8 of the same law, the word "independent" is deleted.
Art. 8. The following amendments are made to section 9 of the Act:
(a) Paragraph 7 is replaced by the following provision:
"If it no longer meets the requirements of section 5bis, it will be registered in another registry category. »
(b) In paragraph 8, the words "in the register of independent or non-independent intermediaries" are replaced by the words "in a class of the intermediary register".
(c) Paragraph 9 is replaced by the following provision:
"The list of registered insurance intermediaries is published, by categories, every two years at the Belgian Monitor. »
Art. 9. § 1
er. Section 10, 5°, of the Act is replaced by the following provision:
"5° refrain from participating in the promotion, conclusion and execution of insurance contracts manifestly contrary
- the legislative and regulatory provisions of Belgian law that are imperative, if they are contracts with a company that is subject to approval in Belgium;
- the legislative and regulatory provisions of Belgian law which are of general interest, if they are contracts with a company that is not subject to approval in Belgium. »
§ 2. Between the 5th and the 6th, which becomes the 7th of Article 10 of the same Law, it is inserted a 6th, written as follows:
« 6° Treat only with companies that, pursuant to the Act of 9 July 1975 on the control of insurance companies, 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. »
Art. 10. In Article 11, § 3, 2°, paragraph 2, the words "in the register of independent intermediaries" are replaced by the words "in the register of intermediaries in the category "insurance brokers".
Art. 11. Article 15, § 1
erParagraph 1
er, second dash, the words "without being registered as an independent intermediary" are replaced by the words "without being registered in the "insurance broker" category.
Art. 12. This Act comes into force on the date of its publication to the Belgian Monitor.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 11 April 1999.
ALBERT
By the King:
Deputy Prime Minister and Minister of Economy
and Telecommunications, in charge of Foreign Trade,
E. DI RUPO
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
Note
(1) Regular session 1997-1998
House of Representatives.
Parliamentary documents. - Bill No. 1587/1. - Amendments, no. 1587/2. - Report, no. 1587/3. - Text adopted by the Commission, No. 1587/4. - Text adopted in plenary and transmitted to the Senate, No. 1587/5. - Draft amended by the Senate, No. 1587/6. - Report, no. 1587/7. - Text adopted in plenary and subject to Royal Assent, No. 1587/8.
Annales of the House of Representatives. - Meetings of 15 and 16 July 1998. Discussion. Meeting of 17 March 1999. - Adoption. Session of March 18, 1999.
Senate.
Regular session 1997-1998.
Bill transmitted by the House of Representatives, No. 1-1076/1.
Regular session 1998-1999.
Amendmenten, n
bones 1-1076/2 to 5. Report, no. 1-1076/6. Text adopted by the Commission, No. 1-1076/7. Text amended by the Senate and referred to the House of Representatives, No. 1-1076/8.
Annales of the Senate. - Discussion and adoption. Session of 4 February 1999.
