38/2004 Coll.
LAW
of 17 May. December 2003
on insurance intermediaries and separate likvidátorech
claims and about the change of the Trade Act
(law on insurance intermediaries and likvidátorech insurance
events)
Change: 444/2005 Sb.
Change: 57/2006 Sb.
Modified: 296/2007 Sb.
Change: 124/2008 Sb.
Change: 223/2009 Sb.
Change: 278/2009 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 420/2011 Sb.
Change: 261/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
INSURANCE BROKERS AND INDEPENDENT INSURANCE LIQUIDATORS
EVENT
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
and the offering of insurance) insurance and reinsurance mediation,
(b) the terms and conditions of business of insurance intermediaries) and separate
surveyors ' fees,
(c)) the conditions for the commencement of activities of insurance intermediaries
the basis of rights establish branch offices (settling) or the freedom to temporarily
to provide services,
(d))
the register of insurance intermediaries and independent loss
insurance claims
(hereinafter referred to as "the register") and
(e)) the performance of the supervision of insurance intermediaries and
separate surveyors ' fees.
§ 2
Activities excluded from the scope of the law
This law shall not apply to
and consulting activities in the insurance sector), which means the occasional
the provision of information in the context of another professional activity, or just
the provision of General information on insurance products, provided
the purpose of this activity is not to assist the conclusion or performance of the
insurance or reinsurance contract or the elaboration of expert opinions
item events
(b)) that expose the activities of persons concluding insurance contracts,
If the simultaneous fulfilment of the following conditions:
1. the insurance contract only requires knowledge of the insurance, which
It is provided based on it,
2. This is not a life insurance or an insurance contract of insurance
liability for damage,
3. Agency services in the insurance industry is only a supplement to the
business persons brokering insurance,
4. is supplementary business insurance of the goods or
services provided, if the insurance company in case of defects,
destruction, loss of goods or services, or if this insurance
the company, in case of damage or loss of luggage or in case
another danger associated with travel insurance zabezpečovaným
the supplier of this service, even if it is a life insurance or
liability insurance, if such insurance is complementary to the
travel insurance, and
5. the amount of the annual premium for a single insurance contract does not exceed
the amount corresponding to the value of eur 500 and duration of such contract, including
extension does not exceed the period of 5 years.
§ 3
Definition of terms
For the purposes of this Act, means the
a) intermediary activities in the insurance sector expertise
consisting in
1. submission of proposals on the conclusion of contracts of insurance or reinsurance
contracts,
2. the implementation of the preparatory work leading to the conclusion of the insurance or
reinsurance contracts,
3. conclusion of insurance or reinsurance contracts on behalf and for the account of
insurance or reinsurance undertaking for which these activities are exercised, or
4. assistance in the management of insurance and to handle claims from insurance or
reinsurance contracts;
(b) the insurance agent) legal or natural person who
for remuneration operates in the insurance brokerage;
c) insurance company a legal entity that is under a special legal
prescription ^ 2) is entitled to operate on the territory of the Czech Republic insurance
activity;
d) a reinsurance undertaking legal person whose business is the transposition of the insurance
risks ceded by an insurance undertaking or other reinsurance undertakings;
(e)) by the Member State, the Member State of the European Union or other State forming
The European economic area;
(f)) the home Member State the Member State in which the insurance
provider as a natural person in your place of residence and which carries out
its business activities or in which the insurance provider
as a legal person, its registered, or, if required by the Member State
the registration of the registered office, its registered office;
(g)) the host Member State, the Member State in which the insurance
the provider operates its brokering activities in
the insurance sector on the basis of the right to establish branches or on the basis of
the freedom to temporarily provide services;
(h)) the competent authority of the home Member State supervisory authority, that
It is entitled to exercise supervision over the operation of intermediary
activity in the insurance sector and which has been notified to the competent authority as
The Commission of the European Union;
I) identification data
1. in the case of a natural person name or name, last name, or business
company and business address, if different from residence address,
date of birth and registration number,
2. in the case of a legal person, the name, trade name or its registered office, registration
the number, identification number of the person (hereinafter referred to as "identification number"),
If it was assigned, and the name or names, last name, address
place of residence and date of birth of the responsible representative (section 11); for legal
persons established in another Member State (hereinafter referred to as the "third State") also
the address of the organizational units of the company are located in the Czech Republic;
j) durable medium data tool, which enables the consumer to preservation
He intended the information so that they can be available during the period of
proportionate to the purpose of the information and reproduce this information in unchanged
form;
to the address of residence of a natural person), address of residence or of the place
where he resides; If a natural person resident in more places, address
residence, where the natural person resides with the intention of residing there permanently;
l) operation of intermediary activities, on the basis of the right to establish
branches of any permanent presence (of) insurance
providers from a Member State in the territory of another Member State,
than the Member State in which the insurance provider has
residence or head office;
m) the freedom to temporarily provide services the right to the insurance
intermediary resident in a Member State temporarily
engage in brokering activities in the insurance sector in the territory
another Member State other than that in which the insurance provider
seat or his domicile, to the extent granted by the competent authority of the country of
its residence or registered office, if this activity does not have the character of a permanent
presence in the territory of that other Member State.
§ 4
Insurance intermediaries
(1) the mediation business of insurance may, under the conditions
provided for in this law operate in the territory of the Czech Republic legal
or a natural person as a
and bound the insurance provider) (section 5),
(b)) a child of the insurance intermediary (§ 6),
(c)) an insurance agent (section 7),
d) exclusive insurance agent (Section 6a),
e) insurance broker (§ 8), or
f) insurance provider, the home Member State is not
Czech Republic (§ 9).
(2) the provider may engage in brokering activities only
in the position in which it was registered.
§ 5
Tied insurance intermediary
(1) an insurance broker shall be exercised by Bound intermediary
activity in the insurance sector, on behalf of and for the account of one or more insurance undertakings,
does not collect premiums and not pay performance of insurance or reinsurance
of the treaties. In the case of an offer of insurance products more insurance undertakings shall not be
These products mutually competitive.
(2) the insurance provider is Bound in its activity is bound to
a written contract with an insurance company in whose name and on whose behalf, and
its instructions. The insurance company, the insurance product tied insurance
the provider offers, is liable for damage caused by him in the performance of
activities of intermediaries in the insurance industry.
(3) the insurance provider for the data-bound and the person shall be deemed to
who carries out brokering activities in the insurance sector for
the conditions referred to in paragraph 1, if it is within this activity features
insurance, which is insurance ancillary service provider
goods supplied or services rendered.
(4) insurance provider-bound must be written to the registry,
meet the requirements of credibility and the conditions established by this Act for
basic qualification degree of professional competence.
§ 6
Child insurance provider
(1) a child of the insurance provider works with insurance
exclusive insurance agent or insurance agent or broker
on the basis of a written contract, does not collect insurance premiums, and it's not
performance of insurance or reinsurance contracts. In its activity is bound to the
guidelines for the insurance provider, in whose name and on whose behalf
It is. Child insurance provider is remunerated by the insurance
the provider whose name and on whose behalf it acts.
(2) a child of the insurance provider must be written to the registry,
meet the requirements of credibility and the conditions established by this Act for
basic qualification degree of professional competence.
(3) an insurance broker, whose name and on whose behalf the
the child of an insurance broker shall be liable for damage caused by
caused in the exercise of activities of intermediaries in the insurance industry.
§ 6a
Exclusive insurance agent
(1) the exclusive insurance agent carries out brokering activities in
the insurance sector on the basis of a written contract in the name and for the account of one
the insurance company.
(2) the exclusive insurance agent in its activities is bound to the internal
provisions of the insurance undertaking, in whose name and on whose behalf; If it was so
agreed, shall be entitled to collect premiums or facilitate the performance of the
insurance contracts. Insurance agent is rewarded by an insurance undertaking in which the
name and on whose behalf it acts.
(3) the exclusive insurance agent must be written to the registry, meet the
the terms of the trust and the conditions established by this Act for the base
the qualification degree of professional competence. A person entered in the register
as the exclusive insurance agent at the same time as the tied insurance
provider, child insurance, the insurance provider
agent or insurance broker may mediate the conclusion
of contracts of insurance falling within the classes of insurance which are
subject of the contract referred to in paragraph 1, only as an exclusive insurance
Agent.
(4) the insurance company, in whose name and on whose behalf the exclusive insurance
the agent is liable for damages caused by its activities.
(5) if the exclusive insurance agent empowered to levy from the policyholder
insurance or facilitate payment of indemnity shall be obliged to
and permanently) to maintain a liquid financial principal in the amount of 4% of the annual
volume inkasovaného by insurance, but at least in the amount corresponding
the value of the € 17 000, or
b) use for transfers premiums and insurance benefits solely separately
to set up and management separated from their own bank accounts. This
an account can also be a bank account of the insurance undertaking, where it is obvious that
exclusive insurance agent and what amount of insurance to the Bank
posted by account.
(6) for the operation of an exclusive insurance agent applies a similar
the adjustment for the insurance provider provided for in-bound
This Act and in specific legislation.
§ 7
Insurance agent
(1) an insurance agent carries out brokering activities in
the insurance sector on the basis of a written contract, in the name and for the account of one or
more insurance companies. In the case of an offer of insurance products more insurance companies
These may be products, mutually competitive.
(2) an insurance agent in its activities is bound to the internal regulations
insurance companies, in whose name and on whose behalf it has been agreed,
is entitled to receive insurance or facilitate performance of insurance
of the treaties. Insurance agent is rewarded by the insurance company, in whose name and on
whose behalf.
(3) an insurance agent shall be entered in the registry, meet the conditions
trust and the conditions established by this Act for the Middle
the qualification degree of professional competence.
(4) an insurance agent must be all the time-activity
the insurance provider to the insured in case of liability for
damage caused by the exercise of this activity, effective throughout the territory of
The European economic area, with a limit of indemnity of at least
in the amount corresponding to the value of eur 1 200 000 each insurance event
in the case of overlapping of multiple claims in a single year in at least
the amount corresponding to the value of eur 1 700 000, if the insurance company, the
name and on whose behalf the insurance agent is not made in writing
take responsibility for damages caused by its activities.
(5) If an insurance agent authorized to receive from the policyholder, the insured
or from an insurance company payment of indemnity shall be obliged to
and permanently) to maintain a liquid financial principal in the amount of 4% of the annual
volume inkasovaného by insurance, but at least in the amount corresponding
the value of the € 17 000, or
b) use for transfers premiums and insurance benefits solely separately
to set up and management separated from their own bank accounts.
§ 8
Insurance broker
(1) an insurance broker in its activities is bound to the contents of the contract
concluded with a lead on insurance or reinsurance (hereinafter referred to as "client").
(2) depending on the content of the contract with the client, the insurance broker
handles complex analysis of insurance risks, insurance proposals or
reinsurance programs, provides consultancy and advisory activities,
manages insurance policies or reinsurance contracts, monitors
the time limit for their review, works in settlement of claims.
(3) an insurance broker shall be entered in the registry, meet the conditions
trust and the conditions established by this Act for higher
the qualification degree of professional competence.
(4) the insurance broker is rewarded by an insurance undertaking or a reinsurance undertaking,
It was not with the insurance company and the policyholder unless otherwise agreed.
(5) an insurance broker shall be at all times the performance of the activities of the
the insurance provider to the insured in case of liability for
damage caused by the exercise of this activity, effective throughout the territory of
The European economic area, with a limit of indemnity of at least
in the amount corresponding to the value of eur 1 200 000 each insurance event
in the case of overlapping of multiple claims in a single year in at least
the amount corresponding to the value of eur 1 700 000.
(6) if the insurance broker authorized to receive from the policyholder, the insured
or from an insurance company payment of indemnity shall be obliged to
and permanently) to maintain a liquid financial principal in the amount of 4% of the annual
volume inkasovaného by insurance, but at least in the amount corresponding
the value of the € 17 000, or
b) use for transfers premiums and insurance benefits solely separately
to set up and management separated from their own bank accounts.
§ 9
Insurance provider with the home Member State other than the
Czech Republic
(1) an insurance broker with the home Member State other than
the Czech Republic, may operate in the territory of the Czech Republic
brokerage of insurance in so far as it is
This activity shall be entitled to operate in the home Member State, after
compliance with information obligations pursuant to § 14 para. 3-5.
(2) an insurance intermediary under paragraph 1 may
brokering activities in the insurance sector to operate on the territory of the United
States on the basis of the right to establish a branch or under the freedom of
to temporarily provide services.
§ 10
An independent claims adjuster
(1) an independent adjuster claims made on the basis
a contract entered into with an insurance company, on its behalf and on behalf of, the investigation
required to ascertain the extent of its obligations from the agreed
insurance.
(2) the contract separate insurance events of the liquidator of the insurance undertaking
referred to in paragraph 1 has always
and) the definition of claims to which the contract relates, in
relation to insurance industry under a special legal regulation, ^ 4)
(b) define the scope of the agreed activities),
(c)) definition of the roles of the parties in settlement of claims
including the possibility of its use in the settlement of claims and synergies
other people and the terms of this cooperation.
(3) a separate insurance claims adjuster must be entered in the
the registry, meet the requirements of credibility and conditions laid down in this
the law for the basic qualification degree of professional competence.
(4) a separate insurance claims adjuster must be all the time
the performance of its activities to the insured in case of liability for damage
caused by the exercise of this activity, with a limit of indemnity of at least
the amount corresponding to the value of eur 500 000 per claim, in
the case of overlapping claims in one more year, at least in the amount of
corresponding to the value of eur 1 000 000.
§ 11
The responsibility of the representative of a legal person
(1) If an insurance broker or an independent adjuster
insurance claims, legal person established on the territory of the United
States, this person must appoint a representative; It
does not apply in the case of bound or child insurance
provider. Responsible representative is a natural person who
is responsible for the compliance with legal requirements related to the operating
activities of insurance intermediary or separate the liquidator
insurance claims. Responsible representative must be in the business of keeping ^ 5)
legal person, who has appointed him to the functions of the responsible representative.
The function of the representative shall be used only for a single legal
person.
(2) if the responsible representative of the shortcomings in the activities of the legal person,
He was appointed to his duties, he is obliged to propose, without delay,
remedial measures and to notify this fact to the Czech National Bank.
(3) the Responsible representative must comply with the conditions of trust and support
eligibility laid down by the law depending on the nature of
operating activities. The responsible agent must have a domicile in the territory
Of the Czech Republic.
(4) If an insurance provider based in a third country, or
a separate legal entity, insurance claims adjuster, fulfils
the obligations of the responsible Deputy Head of organisational
located on the territory of the Czech Republic. A legal entity is obliged to designate the
as the head of the organizational units of the natural person who meets the
the conditions for the exercise of the functions of the responsible representative.
(5) the responsible representative fails to perform its function, or
ceases to fulfil the conditions laid down by this Act, he shall
an insurance broker or an independent insurance adjuster
event not later than 15 days from the date on which the responsible representative has stopped
to carry out their function, or no longer, fulfil the conditions set out for him
This Act, appoint a new representative.
§ 12
The registry
(1) there is hereby established
the registry
that leads the Czech National Bank. The registry is broken down by paragraphs 2 and
4. The person shall be entered in a register in accordance with the registration numbers, their shape
and the contents of the decree establishes the Czech National Bank.
(2) the Czech National Bank writes to the registry of a natural or legal
a person who has fulfilled the conditions established by this Act for the performance of
the activities of the
and bound the insurance provider),
(b) the child insurance provider),
(c)) the exclusive insurance agent
(d)), an insurance agent,
e) insurance broker and
f) separate the liquidator of insurance events.
(3) the following shall be entered in the register the particulars including their changes:
and natural persons) in the name, or names, surnames, date of birth,
address, identification number provided by the administrator of the basic
Register of persons ^ 5a), where appropriate, the name and place of business,
natural persons residing in a third State whether or not the place of permanent or
long-term residence in the Czech Republic,
(b)) in the legal entity business name including, where applicable, the legal form
name, address, identification number, the name or names, last name,
date of birth and place of residence of persons who are members of the statutory body
a legal person, or the person who is the statutory body of the applicant, at
Representative name or names, surname, date of birth, and
address the organisational, legal persons established
in the third State to its address in the Czech Republic,
c) line of business under this Act, in the case of the bound
the insurance provider, child insurance
provider, an insurance agent and separate the liquidator
claims the insurance company or insurance broker,
for whom is active,
(d)) date of entry in the register and the date of commencement of activities,
(e)) the territorial scope of activity, in the case of an insurance
an intermediary resident in the territory of the Czech Republic
including the information whether the insurance intermediation activities in the
operating in the host Member State, if yes, then whether it is
operated by law establish branch offices, in that case, as well as its address,
or by way of the freedom to temporarily provide services,
f) the suspension or interruption of the activity,
g) sunset date entry in the register,
(h) the date of the Declaration, and cancellation) of bankruptcy or the date of publication of the
the bankruptcy decision of a competent person in the insolvency register,
I) the date of entry into liquidation of a legal person,
j) overview of saved penalties including penalties imposed
The Czech National Bank.
(4) for the insurance provider with the home Member State
other than the Czech Republic, who runs a mediation
activity in the insurance sector, on the basis of the right to establish branches or on the
the basis of the freedom to temporarily provide services, write to the registry
and) identification,
(b) the character of the operating) information about the activities of intermediaries in
insurance pursuant to section 4 (b). a) to (d)), in the case of the bound
the insurance provider, child insurance
the provider and the insurance company or insurance agent insurance
provider to which is active,
(c)) data on whether the insurance intermediation activities in the
operated by law establish branches or by way of the freedom to temporarily
provide services; If the mediating activity in the insurance sector
operated by law establish branches, registered address
Branch,
d) details of the suspension and interruption of the operation of the activities of insurance
the provider Declaration and the cancellation of bankruptcy, liquidation,
e) data on the termination of the activities.
Entering the data referred to in points a to e)) to the registry performs the Czech national
the Bank on the basis of information supplied to her the relevant supervisory authority
the home Member State of the insurance provider. To the registry
can be entered as well as other information where relevant supervisory authority
the home Member State of the insurance provider.
(5) the register shall be publicly accessible. Everyone has the right to inspect and to it
take it, copies and copies of the statements.
(6) against a person who is in charge of the entry in the register, the person
whose registration is concerned, argued that the registration does not correspond to reality.
(7) the Czech National Bank in the form of official communication from the lists published
registered insurance brokers and independent
surveyors ' fees in the Czech National Bank (hereinafter
"the Journal"). This obligation can be fulfilled by publication in the manner
allowing remote access. The following lists the Czech National Bank
updated at least once every 2 weeks.
section 13 of the
Request an insurance provider for entry in the registry
(1) on the registration of insurance intermediaries residing or established in the
the territory of the Czech Republic or in the territory of a third State to the registry shall be decided by
The Czech National Bank on the basis of a written application.
(2) a natural person resident in the territory of the Czech Republic, which intends to
engage in brokering activities in the insurance sector, in the request for
entry in the register shall state the
a) data under section 12 paragraph 1. 3 (b). and)
(b) range operated by brokering activities) in the insurance sector
According to the insurance industry and according to the territory in which the activity should be
operated,
(c)) the expected date of start of intermediary activities,
d) identification number, if assigned.
(3) a natural person resident in the territory of the Czech Republic, which intends to
engage in brokering activities in the insurance sector, the application
referred to in paragraph 2 shall be accompanied by
and vocational) proof of education or training undertaken
the test, or documents proving the competence of the applicant otherwise
(section 18) and each person you employ this natural person and which is
directly involved in the activities of intermediaries in the insurance sector,
(b)) documents proving that the applicant's assets are in funds
at least in the amount corresponding to the value of eur 17 000 to
the insurance provider shall be entitled to receive from the policyholder, the insured
or from an insurance company payment of indemnity,
c) documents proving the credibility of the applicant (section 19); extract from the register
Criminal records under a special legal regulation, says ^ 5b),
(d)) the insurance contract the insurance liability for damage caused by
performance of activities of insurance intermediaries.
(4) a legal person established in the territory of the United States, which intends to
engage in brokering activities in the insurance sector, in the request for
entry in the register shall state the
a) data under section 12 paragraph 1. 3 (b). (b)),
(b) range operated by brokering activities) in the insurance sector
According to the insurance industry and according to the territory in which the activity should be
operated,
(c)) the expected date of start of intermediary activities,
d) identification number, if assigned.
(5) a legal person established in the territory of the United States, which intends to
engage in brokering activities in the insurance sector, the application
pursuant to paragraph 4 shall be accompanied by
and vocational) proof of education or training undertaken
the test under this Act, or otherwise demonstrating support documents
eligibility (section 18) representative and any person who is directly
involved in the activities of intermediaries in the insurance sector,
(b)) documents proving that the applicant's assets are in funds
at least in the amount corresponding to the value of eur 17 000 to
the insurance provider shall be entitled to receive from the policyholder, the insured
or from an insurance company payment of indemnity,
c) documents proving the credibility of the applicant (section 20); extract from the register
Criminal records under a special legal regulation, says ^ 5b),
(d)) the insurance contract the insurance liability for damage caused by
performance of activities of insurance intermediary or certificates referred to in
paragraph 6,
(e)) for a complete listing of the commercial register, if the legal person in this
Register before submitting an application, no older than 3 months.
(6) in the case of bound documents, according to insurance provider
paragraph 3 (b). and) and (d)) and pursuant to paragraph 5 (b). and) and d) are replaced by the
a written statement of the insurance undertaking for which the insurance is to be bound
active provider, that the applicant meets the statutory
condition of professional competence, and that undertaking bears the full responsibility for the
his activity is operated in its favour. This also applies in the case of
proof of liability insurance for damage caused by the operation of a
the activities of an insurance agent. In the case of a child insurance
provider the documents referred to in paragraph 3 (b). a) and (d)) and by
paragraph 5 (b). and) and d) shall be replaced by a written declaration from the insurance
agent or insurance broker, for which it is to be a child
insurance broker, to the effect that the applicant complies with the law
set by the condition of professional competence, and that the insurance agent or
insurance broker shall bear the full responsibility for his activities as a
child insurance provider.
(7) an application for entry in the register of natural or legal persons having their residence
or based on the territory of a third State, which is intending to operate on the territory of the
The United States brokering activities in the insurance industry, are governed by the
the provisions of paragraphs 2 to 6. The application shall be accompanied by a certificate of
place of residence of the applicant for entry in the registry on the territory of the Czech Republic;
in the case of a legal person, a certificate of residence in the territory of the United
Republic head of organisational this person.
(8) a change of the data being written to the registry, including statements and cancellation
bankruptcy, bankruptcy decision or entry into liquidation, is an insurance
the provider shall be obliged to notify without undue delay the Czech national
the Bank, as soon as he learned of the change.
(9) the submission of an application for entry in the register is subject to an administrative fee.
§ 14
The initiation of activities of insurance intermediary in the territory
the host Member State
(1) insurance provider domiciled on the territory of the United
the Republic is obliged before the start of its activities in the territory of another
Member State to inform about this intention to the Czech National Bank. Czech
National Bank within 1 month from the date on which the information was received,
shall inform the competent supervisory authority of the host Member State, the
the intention of the insurance provider, including the identification details
the insurance provider. At the same time, the Czech National Bank shall inform the
the insurance provider about this communication to the competent authority
supervision by the host Member State.
(2) insurance provider domiciled on the territory of the United
States may start its activities on the territory of another Member State
the expiry of 1 month from the date when he was informed of the Czech National Bank
the fulfilment of the reporting obligations referred to in paragraph 1, or the date on which this
the information received, in the case of the host Member State whose
the competent supervisory authority announced that the Czech National Bank has no interest in
the provision of the information referred to in paragraph 1.
(3) insurance provider with the home Member State other than
the Czech Republic, which intends to start its activity on the territory of the United
States, shall inform the competent authority of its
the home Member State.
(4) the Czech National Bank shall notify the insurance intermediaries under the
paragraph 3 of the General conditions governing its activities in the Czech Republic
and writes it to the registry within one month from the date of receipt of
identification data and confirmation from the competent supervisory authority of its
writing to a register kept in his home Member State.
(5) an insurance intermediary in accordance with paragraph 3 shall be entitled to initiate
his activity in the territory of the Czech Republic after the expiration of 1 month from the date of
When he was informed the competent supervisory authority of its home
Member State that meet the information obligation towards the United
the National Bank.
§ 15
The request of the liquidator's claims about a separate entry in the register
(1) on the registration of a separate insurance events of the liquidator shall be decided by
The Czech National Bank on the basis of the application.
(2) a natural person who intends to operate a separate
the liquidator's claims, in the application for entry in the register shall state the
a) data under section 12 paragraph 1. 3 (b). and)
(b) scope of activities operated by separate) the liquidator of the insurance
According to classes of insurance events and as the territory in which it is to be
activity,
(c)) the expected date of commencement of activities separate liquidator
insurance claims,
d) identification number, if assigned.
(3) a natural person who intends to operate a separate
the liquidator's claims, the request referred to in paragraph 2 shall be accompanied by
and vocational) proof of education or training undertaken
the test, or documents proving the competence of the applicant otherwise
(section 18) and each person you employ this natural person and which is
directly involved in the activities of intermediaries in the insurance sector,
b) documents proving the credibility of the applicant (section 19); extract from the register
Criminal records under a special legal regulation, says ^ 5b),
(c) an insurance contract of insurance) liability for damage caused by
performance single liquidator of insurance events.
(4) a legal person who intends to operate a separate
the liquidator's claims, in the application for entry in the register shall state the
a) data under section 12 paragraph 1. 3 (b). (b)),
(b) scope of activities operated by separate) the liquidator of the insurance
According to classes of insurance events and as the territory in which it is to be
activity,
(c)) the expected date of commencement of activities separate liquidator
insurance claims,
d) identification number, if assigned.
(5) a legal person who intends to operate a separate
the liquidator's claims, the request referred to in paragraph 4 shall be accompanied by
and vocational) proof of education or training undertaken
the test under this Act, or otherwise demonstrating support documents
capacity of the responsible representative and any person who is directly involved in
the activities of separate claims to the liquidator's
(c) an insurance contract of insurance) liability for damage caused by
the performance of the activities of separate claims to the liquidator's
b) documents proving the credibility of the applicant (section 20); extract from the register
Criminal records under a special legal regulation, says ^ 5b),
(c) an insurance contract of insurance) liability for damage caused by
the performance of the activities of separate claims to the liquidator's
(d)) for a complete listing of the commercial register, if the legal person in this
Register before submitting an application, no older than 3 months.
(6) the application for registration in the registry of natural or legal persons with
resident outside the territory of the United States, which intends to
to operate on the territory of the United Kingdom the activities of a separate liquidator
claims must be accompanied by proof of long-term resident permit
stay or permanent residence permit ^ 6) an applicant for registration in the
the registry on the territory of the Czech Republic; in the case of a legal person,
the head of the organizational units of the company.
(7) paragraph 6 shall not apply to citizens of another Member State of the European
another State of the Union, the formation of the European economic area and the Swiss
the Confederation.
(8) a change of the data being written to the registry, including statements and cancellation
bankruptcy, bankruptcy decision or entry into liquidation, it is a separate
claims adjuster shall without undue delay notify the
The Czech National Bank, as soon as he learned of the change.
(9) the submission of an application for entry in the register is subject to an administrative fee.
section 16 of the
Writing to the registry
(1) before entry in the register, the Czech National Bank checks
compliance with the conditions established by this Act for the registration of the applicant to the
the registry. If a submitted application is incomplete, it shall invite the Czech National Bank
the applicant supplemented, and at the same time specifies the time limit for the completion of the application,
that must be at least 15 days.
(2) the Czech National Bank request if the conditions are met
established by this Act, and within a period of 60 days from the date on which the application was
or request is delivered under paragraph 1 accompanied by Czech National Bank. About
entry in the register shall issue to the registered person, Czech National Bank
the certificate, which must include the identification number under which the
a person has been registered, the designation of the registry and the placing of the address where you can
Verify the entry in the register. The particulars of the registration certificate to the
the registry shall lay down by Decree of the Czech National Bank. Permission for the performance of
single liquidator claims arises whether or not a waste
expiry of the period and in the manner referred to in section 28 to 30 of the law on the free movement of
services.
(3) if either of the terms of this Act for
write to the registry or the applicant if the applicant submitted nedoplnil
request within the prescribed period, the Czech National Bank within the time limit referred to in paragraph
2 the request in its decision in the administrative proceeding will be rejected.
(4) changes to the information in the registry is kept by the Czech National Bank is obliged to
do this within 5 days from the date of the change, if the change is not
reason for cancellation of the registration in the registry.
(5) the registration of insurance intermediaries residing or established in the
the territory of the Czech Republic in the registry authorizes the person under the conditions
laid down in § 14 para. 1 and 2 for the operation of intermediary
insurance activities on the territory of all the Member States.
§ 17
Cancellation of the registration in the registry
(1) the Czech National Bank its decision to write to the registry cancels,
If
and) registered person so requests,
(b) the registered person has lost their) credibility,
(c) the registered person) has been suspended the activities of the insurance
provider or separate the liquidator of claims
did not state its activities into accordance with this Act within the time limit imposed on her
The Czech National Bank,
d) natural person resident or a legal person established abroad
lost in their country of residence permission to operate
activities of insurance intermediary or separate the liquidator
claims, or
e) registered person does not operate the activities of insurance
provider or separate the liquidator of insurance events
at least for a period of 24 consecutive months.
(2) an entry in the register ceases with the death of a natural person, or the dissolution of the legal
of the person.
(3) the registered person shall be obliged to surrender the Czech National Bank
a certificate of registration to the registry without delay after the acquisition of legal power
the decision of the Czech National Bank on the cancellation of the registration in the registry.
(4) the Czech National Bank shall inform the public in an appropriate manner about the cancellation of
entry in the register, without undue delay after the acquisition of legal power
the decision, which was cancelled in the registry writer. The final decision on
cancellation of the registration in the registry at the same time publish in the journal. If it has been
cancelled registration in the register of persons resident or located in the United
Republic, the scope of which extends beyond the boundaries of the territorial activities of the United
States, shall inform the Czech National Bank on the cancellation of the registration in the registry and
the competent supervisory authorities of the other Member States or the competent
supervisory authorities of third States, where the activities of an insurance
provider or separate the liquidator of insurance events
exercised.
section 18
The competence of the
(1) an insurance broker, independent insurance adjuster
the event and the responsible representative are required to demonstrate professional
capacity, which means the acquisition of General and professional knowledge
necessary for the performance of its activities.
(2) the General knowledge to demonstrate proof of completion of secondary school.
Expertise to demonstrate proof of completion of vocational study
on the middle or high school, or the provision of a professional test. Expert
the study, for the purpose of professional competence means secondary or
higher education study, focused on the issue of insurance,
financial services and related areas. Professional practice for
the purpose of professional competence means the activity in the insurance or reinsurance undertaking
related to the conclusion of contracts of insurance or in the field
activities of intermediaries in the insurance industry.
(3) in the case of the insurance provider, child-bound
the insurance provider, the exclusive insurance agent and
separate the liquidator of insurance event can be professional exam
carry out in the institution that is authorized to provide educational programs
to reach the professional competence and is listed in the United
National Bank and correct manner allowing remote access.
The insurance company can perform this activity as an activity related to the
insurance activities under the conditions laid down by specific legal
^ transcript of 7).
(4) in the case of an insurance agent and insurance broker to professional
only the examination before the examining Board, which is composed of at least
3 members appointed by the Bank Board of the Czech National Bank (hereinafter referred to as
"the Board"). A member of the examination Board may only be a person fully
having the capacity to perform legal acts, which has the appropriate expertise and
practical experience in the field of insurance. Of the members of the examination Board
the Bank Board Chairman shall be appointed by the examination Committee. Establish if the Bank Board
two or more panels at the same time, it is obliged to define their
the territorial scope of application.
(5) the requirements of professional competence shall not apply to insurance
the provider's home Member State other than the United
Republic.
(6) a person with competence at the level of the basic qualifying
the degree of proficiency that intends to operate
brokering activities in the insurance sector, must prove to the General
knowledge, knowledge in the range of the minimum provided for in the basic vocational
the degree of professional competence, knowledge of insurance products, whose
mediation offers, and the ability to properly these products to the client
explain or who proposes to engage in the activity of a separate liquidator
claims must demonstrate a general knowledge, knowledge of procedures
the settlement of claims and the ability to determine the amount of insurance benefits
Depending on the contents of the insurance contract.
(7) a person with competence at the level of the middle of the qualifying
the degree of professional competence must demonstrate a general knowledge, knowledge
in the range of the minimum provided for in the middle of the professional degree of professional
competence, at least two years of professional experience, knowledge of insurance
products, whose mediation offers, ability to properly these products
the client explain, analyze competitive products of insurance companies,
on whose behalf it is authorized to act, and to offer the client the safety
the product most suited to their needs.
(8) a person with competence at the level higher qualification
the degree of professional competence must demonstrate a general knowledge, knowledge
in the range of the minimum provided for in the higher vocational degree vocational
competence, at least four years of professional experience, knowledge of insurance and
reinsurance products offered on the insurance market of the area, which is
the subject of its activities, the ability to carry out an analysis of the competitive
products and offer the client the insurance or reinsurance product
best fit his needs and properly this product to the client
to explain.
(9) a person who is under this Act shall be required to prove their professional
capacity study or professional training culminating in an examination,
required to fly your's expertise. To that end,
This person shall be required to undergo a training course, and at the latest within 6
months after the end of every five years from registration. Postgraduate course
This person completes in the insurance undertaking or in the institution referred to in paragraph
3. the Training course aims to ensure that professional knowledge is complete and
the current.
(10) the Czech National Bank shall issue a decree
and the list of documents), proving their vocational study according to the
paragraph 1,
(b) the range of vocational knowledge lows) for primary, secondary and higher
the degree of professional competence,
(c)) the way the composition and scope of the examination an insurance agent and
insurance broker, including the conditions under which these tests
to execute.
§ 19
The credibility of individuals
(1) for the purposes of this Act, a natural person shall be considered a trusted
natural person fully qualified to perform legal acts,
and that has not been lawfully convicted) of an offence against property, for
the crime of economic or any other intentional crime ^ 8) or,
whose conviction for these offences was zahlazeno or from
Another reason looking as if he has not been convicted (the condition of integrity),
(b) whose assets could not) regarding the decision on bankruptcy,
(c)) that has not been in the last 5 years before the date of submission of the application,
which is under this Act is linked to the obligation to demonstrate the
the trust of a natural person, a member of the statutory body or other
body of a legal person whose property has been declared bankrupt, or
If the insolvency petition to the assets of such legal entity, rejected
Therefore, the assets of the legal person is not sufficient to cover the costs
insolvency proceedings or has been canceled because the bankrupt assets
the legal person is totally inadequate,
(d)) that have not been withdrawn authorisation to pursue the activity of insurance
provider or separate the liquidator's claims for a
violations of the terms of this Act.
(2) for the purposes of this Act, a natural person shall be considered a trusted
also a natural person fully qualified to perform legal acts, for which there
the matters referred to in paragraph 1 (b). b) or c)
and set aside the bankruptcy) the insolvency court otherwise than by a resolution on the abolition of
bankruptcy after fulfillment of the resolution or because the assets
the debtor is totally inadequate, or dismissing the insolvency petition
because her property is not sufficient to cover the costs of the insolvency
management,
(b)) this is a person who has been elected to the features already in bankruptcy law
a person, or
(c)), the person who made the claim to a special legal
prescription ^ 9) specify that the function has pursued with the diligence of
a householder.
(3) if the facts resulting in a loss of trust,
is a natural person shall be obliged to notify without undue delay, notify the
The Czech National Bank and must not carry on business. This does not affect the rights of
third parties acquired in good faith, if the activities are exercised in the
the cancellation of the registration.
section 20
The credibility of the legal persons
(1) the trust is deemed to be a legal person,
and that has not been lawfully convicted) for a criminal offence (condition
integrity),
(b)), if they fulfil the condition of trust under section 19, all members of the
of the statutory and supervisory bodies of legal entities
(c)) that have not been withdrawn authorisation to pursue the activity of insurance
provider or separate the liquidator's claims for a
violations of the terms of this Act,
(d) whose assets could not) regarding the decision on bankruptcy.
(2) for the purposes of this Act, the trusted legal entity
also be regarded as a legal entity, on whose property was declared
bankruptcy, if the insolvency Court annul the bankrupt otherwise than by order of the
cancellation of bankruptcy after the fulfillment of the resolution or because the assets
the debtor is totally inadequate, or dismissing the insolvency petition
because her property is not sufficient to cover the costs of the insolvency
control.
(3) a legal person loses the trust under this Act at the moment,
When will not meet any condition of her trust. The loss of the
the trust is a legal person shall without undue delay
notify the Czech National Bank and may engage in brokering
activity in the insurance sector or activity, separate the liquidator
insurance claims. This is without prejudice to rights acquired by third parties in
good faith, if the activities are exercised in the cancellation of the registration.
(4) in the case of a legal person established in the territory of a State other than the
The United States, is proof of the conditions of the trust
confirmation from the competent supervisory authority of the country seat of the legal person.
section 21
The obligation of insurance intermediaries and independent loss
insurance claims
(1) a person engaged in brokering activities in the insurance sector
or activity of a separate insurance events of the liquidator is required to
to perform this activity with professional care, to protect the interests of the
consumers, in particular, must not indicate false, unsupported, incomplete,
inaccurate, unclear or ambiguous data and information, or concealing
data on the nature and characteristics of the services provided. On request, the
required to submit to a client, the certificate of insurance or reinsurance undertaking
your entry in the register under this Act. At the request of the client is
required to communicate to him their methods of remuneration. In connection with its
the activities of an insurance provider or separate the liquidator
claims may not provide undue advantage to the client
financial, material or non-material nature.
(2) a person engaged in brokering activities in the insurance sector on the
the territory of the Czech Republic through a system allowing remote
access is required to ensure the public availability of data on their registration in the
the registry, in particular the number, under which it has been registered under this Act in the
the registry, a range of intermediary activities referred to in the insurance industry
and the territory in which such action may be served, and the opening day
This activity.
(3) an insurance broker and a separate insurance adjuster
the event is responsible for the damage caused in the operation of its business.
Are relieved of this responsibility, if it proves that the damage could
be prevented or unavoidable despite all efforts to
request.
(4) an insurance broker and a separate insurance adjuster
the event is obliged to maintain confidentiality according to a special legal
the rules relating to insurance ^ 10) about all the facts that
learned in connection with the performance of its activities, and may not be exploited in
its own benefit or the benefit of another.
(5) prior to the conclusion of the insurance contract or, if necessary, upon its
change is required to the insurance provider to the client or
to the policyholder to communicate
and the business name or name), in the legal entity is situated, for natural persons
name or name, surname, place of residence and place of business, if different
from the residence, where appropriate, the name or names, and surname of the person,
acting on behalf of an insurance provider
(b)) the registry, in which it is registered, and a way to validate its
registration in the registry,
c) any direct or indirect interest insurance provider
of voting rights and capital of an insurance undertaking, which is to be
insurance agreed, exceeding 10%
(d) whether the insurance undertaking will) which has to be agreed, or the person insurance
controlling the insurance company has a direct or indirect interest in voting
rights and capital of the insurance provider, if this
the proportion exceeds 10%,
e) data on the procedures according to which the consumer and other interested parties
they can file a complaint or lawsuit against the insurance
provider.
(6) an insurance broker shall be obliged to inform the client, with
given the nature of the insurance contract, facilitated by the fact that
and) provides insurance mediation in a manner which is obliged to
to provide a proper analysis referred to in paragraph 7,
(b)) the contractual obligation to perform mediation has the insurance
exclusively with one or more insurance undertakings in the insurance undertaking, and at the request of the client
He shall communicate such undertaking, or
(c)) shall not exercise the mediation business or under (a)), or
referred to in subparagraph (b)) and, at the request of the client it shall notify the insurance company with which it is
entitled to negotiate insurance.
(7) If an insurance provider bases its recommendations
the client on the analysis menu of insurance companies, then must its recommendation
on the basis of analysis of a sufficient number of insurance products
available on the market so that it can recommend, according to professional criteria
the insurance contract appropriate to the needs and requirements of the client.
(8) before the conclusion of the insurance contract is an insurance provider
shall, in particular, on the basis of information provided by the client and in the
Depending on the nature of the insurance being taken out, experience requirements, and
the client's needs related to the sjednávaným insurance and the reasons
which insurance provider based its recommendation for the selection of
the given insurance product.
(9) unless otherwise stated, the information referred to in paragraphs 5 to 8 is
the insurance provider shall be obliged to provide
and in writing, or on a carrier) data that is accessible to the client,
(b)) clearly and accurately, and in a comprehensible form to the client
(c)) in the official language of the Member State in which the insurance company will,
or in another agreed language.
(10) the information provided under this Act to the client can be
communicated orally or by phone, if a client requests or
If it is necessary having regard to the nature of the insurance being taken out. In
this case, this information shall be in the form referred to in paragraph 9
provided without delay after the conclusion of the insurance contract.
(11) the provisions of paragraphs 5 to 10 do not apply to mediation
insurance of large risks ^ 11) and reinsurance mediation.
The information provided by the client, and the policyholder
§ 21a
(1) an insurer is required to the client prior to the conclusion of the insurance contract
provide information about the
and, which are themselves)
1. the name of the insurer,
2. the name of the Member State where the insurer has its head office and, where
applicable, the address of the agency or branch, the insurer that
concluded the insurance contract,
3. the registered address of the insurer, or the agency or branch which
concluded the insurance contract, and
4. the place of registration of the insurer in a trade or other similar public
the register, his registration number, or equivalent means of
identification in that register and information about the name and the headquarters of the authority
responsible for the supervision of its activities, in the case of an insurance
an agreement at a distance,
(b)) how to handle complaints of policyholders, insured persons, beneficiaries of
or beneficiaries, including the possibility of contact with a complaint on
The Czech National Bank or with the proposal on the financial arbiter, and
(c)), the law applicable to the insurance contract where the parties do not have the ability to
the choice of the law applicable to the insurance contract or the law of that
proposes to the insurer in the cases where the parties have the option of
the applicable law.
(2) the insurer is also required to the client before the conclusion of the insurance
contracts relating to insurance of persons to provide information about the commitment,
which are the
and all insurance and characteristics) of all the options,
(b)), the period of insurance,
(c) methods of termination of insurance),
(d)) ways and time premium payments,
(e)) and the distribution of methods of calculation of bonuses, if the content of the insurance,
f) determining the amount of the surrender value,
g) information on the amount of insurance for each of the agreed insurance, including
supplementary insurance, if requested,
h) in the case of insurance tied to investment shares shares definition
which is bound to claim,
I) the nature of the underlying assets for insurance tied to the investment shares of,
j) conditions and deadlines concerning the possibility of withdrawal from the insurance
the Treaty, a possible way to determine the amounts deducted and address information,
to which it is possible to withdraw from the insurance contract, send, and
k) General information about the tax laws that apply to the
the Insurance Association.
(3) prior to the conclusion of the insurance contract relating to the insurance of persons
concluded at a distance, the insurer shall provide to the client also
for information about the
and) the existence of taxes, fees, and other financial transactions, which are not
paid for by the insurer, or it is not stored,
(b) the special payments) using the distance communication,
(c) the minimum duration of insurance) and
(d) the language or languages) in which the consent of the client will be
the insurer shall communicate with the policyholder during the insurance period and in
which are provided by the insurance conditions and other information in accordance with
This provision.
(4) in the case of insurance contracts relating to insurance of persons and concluded
at a distance, the insurer shall inform the client that the request may
to receive more information, and the nature of the information.
(5) in cases relating to life insurance, in which it is to be
client investment risk and when this insurance is associated with
the standard internal collective investment fund of Fund
insurance companies, stock index or other derived value is
the insurer shall be obliged to inform the client about the
and risk investment with an indication of) the nature of the risk, or where it is
possible to obtain this information,
(b) the absence of a guarantee of return on investment),
c) method and extent of guarantee is given, and
d) implied or possible revenue or investment properties,
and may not be placed data only for selected or the selected time
the period in which it was achieved the extraordinary profitability, and that
past returns are not a guarantee of future returns.
§ 21b
The insurer is obliged to provide the policyholder during the duration of the insurance
information
and of any change in name) of the insurer or the address of its registered office and,
where applicable, as well as a change of address of the agency or branch
has concluded the insurance contract,
b) referred to in § 21a para. 2 (a). and i) at) until any change
insurance conditions or when the legal regulation governing the
relations arising from the insurance contract,
(c) the status of the annual bonuses),
(d)) about the current value of shares, which is bound to claim,
at least once per quarter, and
(e)) about the structure of the underlying assets for insurance linked
the shares, at least once a year.
§ 21 c
(1) an insurer is required to provide the information specified in § 21a and 21b. §
a clear and accurate manner, in writing and in the English language. This information
they can be supplied in a language other than the English language, unless expressly
the client or the policy holder is required, or if the option rights, which
will be used for the insurance policy.
(2) the information referred to in section 21a, the insurer shall provide sufficient
the time before the client is bound to the insurance policy.
(3) the information referred to in § 21a para. 3 and 4, the insurer shall provide
data on a durable medium.
(4) the policyholder has the right to obtain at any time during the term of insurance
closed the distance and conditions in printed form, and change the way
distance communication.
(5) information pursuant to § 21b (c). (d)), and (e)), the insurer shall
provide a way of allowing remote access.
§ 21d
The provisions of § 21a to 21 c shall not prejudice the provisions of the civil code
governing the agreement on financial services concluded with the consumer.
section 22
Supervision of the operation of the activities of insurance intermediaries and
separate surveyors ' fees
(1) supervision over the operation of the activities of insurance intermediaries with
resident in the territory of the United States or a third country and above
the activities of independent surveyors ' fees shall be exercised by the Czech
National Bank. In the exercise of supervision shall be governed by the Czech National Bank
special legislation regulating the insurance industry, ^ 2) If this
the law provides otherwise. Supervision over the operation of the activities of insurance
providers home Member State other than the United
Republic, acting on the territory of the Czech Republic shall be exercised by the competent authority
oversight by the insurance provider in the Member State
cooperation with the Czech National Bank.
(2) an insurance agent and insurance broker shall within the period until 31 December 2006.
March of the calendar year submit to the Czech National Bank annual report
the activities, which will include a list of insurance undertakings or of insurance
providers, for which he has been active in the previous calendar year,
the volume of transactions for the previous calendar year and the volume of premiums,
where appropriate, the claim, if it was in the past calendar year
empowered to its transmission. If an insurance agent or insurance broker
a legal person must be the correctness and completeness of the annual statement of activities
confirmed by the signature of a representative. The details and format of the annual
statement of activity are laid down by a decree of the Czech National Bank. On-demand
The Czech National Bank is an insurance broker and a separate
claims adjuster must submit his papers held in the
the context of clustered activities.
(3) the Czech National Bank is obliged to exchange with the competent authorities
surveillance information on insurance intermediaries, which have been
saved measures to remedy or penalty, if there is cancellation of the registration in the
the registry. At the request of the Czech National Bank's with the competent authorities
exchanges information related to the activities of insurance
intermediaries and individual surveyors ' fees
necessary for the performance of its activities.
(4) the Czech National Bank is obliged, upon request, advise the information
of the relevant supervisory authorities of other Member States. For this
the purpose of such data is collected and updated regularly.
§ 22a
Fine won
(1) Insurance intermediaries or standalone likvidátoru
claims that prevents or severely impedes the exercise of supervision
in particular, the fact that fails to provide the necessary assistance or does not comply with the invitation
given under this Act, may impose, Czech National Bank
a fine of up to 5 000 000 CZK.
(2) fined pursuant to paragraph 1 may be imposed repeatedly. The sum of the
the fines imposed must not exceed 20 000 000 CZK.
(3) fined can store up to 6 months from the date when the
infringement occurred.
(4) the proceeds of the fines by the State budget revenue.
Article 23 of the
Measures to remedy the
(1) if the Czech National Bank in the performance of surveillance activity
the insurance provider or separate the liquidator
insurance claims is not in accordance with the conditions laid down in this
by law, with the exception of the loss of trust or termination of insurance
liability insurance provider or separate
the liquidator of claims or the lack of principal insurance
agent or insurance broker, its decision will save such person
the measures include their activity within the period prescribed in accordance with the law.
(2) the activities of the Czech National Bank insurance provider or
separate the liquidator of claims shall be suspended,
and if) was not within the time limit set by the Czech National Bank activities
the insurance provider or separate the liquidator
claims in accordance with the conditions laid down in this Act,
b) ceases to have liability insurance, an insurance provider
or separate the liquidator of claims
(c)) when an insurance agent or insurance broker condition
financial security, or
(d)) does not satisfy the responsible representative of the conditions or meets the obligations
He laid down by law.
(3) to suspend the activities of an insurance provider or can be
separate the liquidator of insurance events for a maximum period of 6 months.
(4) the registered person shall be obliged to surrender the Czech National Bank
the certificate of entry in the register at the moment of the acquisition of the decision
The Czech National Bank on the suspension of the activities of insurance
provider or separate the liquidator of insurance events.
(5) at the time when the insurance intermediaries or standalone
the liquidator claims suspended, cannot
facilitating the conclusion of new insurance or reinsurance contracts,
mediate the renewal or expansion of brokered
insurance or reinsurance contracts and take insurance or insurance
the performance.
(6) the responsible representative fails to fulfil the obligations imposed on him by this Act,
saves the Czech National Bank legal person representative
her name, a change of the person of the responsible representative. This legal entity is
required to designate another person responsible representative within 1 month from the date of
legal force of the decision of the Czech National Bank, according to the first sentence.
Natural person who carried out the function of a representative and for which
The Czech National Bank ordered the change, unable to perform the function of
the responsible representative or the activities of an insurance provider or
separate the liquidator of insurance events after the period of 10 years from the date of
legal force of the decision of the Czech National Bank about changing his person
as a responsible representative.
section 24
Interruption of the activity
(1) the activities of an insurance broker or a separate
the liquidator of insurance events can be stopped, but no longer than for a period of 1
of the year.
(2) the registered person's Decision about the interruption of the activities of insurance
provider or separate the liquidator of insurance events is
This person shall be bound to the Czech National Bank to disclose before this interruption and
to surrender his certificate of registration to the registry.
(3) an insurance broker or an independent insurance adjuster
the event, which interrupted its activity, cannot for interruption
facilitating the conclusion of new insurance or reinsurance contracts,
mediate the renewal or expansion of brokered
insurance or reinsurance contracts and transfer of premiums or premiums
the performance.
(4) an insurance broker or an independent insurance adjuster
the event is obliged to complete the cases where negotiations have been initiated
before the date on which it is decided to stay its action.
Administrative offences
§ 25
Misdemeanors
(1) a natural person has committed the offence by
and in the application for registration) to the registry or to change the data in the register shall state the
incorrect data
(b)) as an insurance agent or insurance broker shall indicate in the annual statement
activities pursuant to section 22(2). 2 incorrect data, or
(c)) shall state in a written declaration in accordance with § 13 para. 6 the wrong information.
(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to 1 000 000 CZK.
section 26
Administrative offences of legal persons
(1) a legal person commits an administrative offense, by
and in the application for registration) to the registry or to change the data in the register pursuant to §
in article 13(3). 4, 5, 7 and 8, or section 15 para. 4, 5, 7 and 8 shall specify incorrect data
(b)) as an insurance agent or insurance broker shall indicate in the annual statement
activities pursuant to section 22(2). 2 incorrect data, or
(c)) shall state in a written declaration in accordance with § 13 para. 6 the wrong information.
(2) a legal entity or individual entrepreneur as an insurance
the provider or an independent claims adjuster commits
the administrative offense by
and) operates in insurance mediation business or activity
separate the liquidator's claims conflict with those
listed in the registry under section 12,
(b) fails to comply within a prescribed period) corrective measures imposed on her by the Czech
National Bank in the exercise of supervision pursuant to section 23,
c) requires a person to participate in the mediation
activity in the insurance sector, the composition of the entry fee as a condition of
the next payment of rewards for this activity, or
(d)) the remuneration of the person who you want to participate in the activities of intermediaries in
insurance, derives from getting other people to do this,
that as follows.
(3) for the administrative offence referred to in paragraph 1 shall be imposed to 1 000 000 Czk
and for the administrative offence under paragraph 2 of the fine to Eur 10 000 000.
Section 26a
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
The Czech National Bank about it did not initiate proceedings within 1 year from the date on which the
It learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences under sections 25 and 26 dealt with the Czech National Bank.
(5) The liability for the acts, which took place in the business
person ^ 12) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) a fine for administrative offenses imposed by the Czech National Bank
This law are State budget revenue.
section 27 of the
Common provisions
(1) in this Act a value expressed in the currency unit is the euro.
December of the calendar year shall be converted into sterling at the rate
the foreign exchange market announced by the Czech National Bank as of the last day
the preceding calendar month of October.
(2) a contract of insurance for liability insurance for damage caused by
performance of activities of insurance intermediary or a separate
the liquidator of claims must be arranged so that the
and, participation) if agreed, does not exceed 1% of the stipulated limit
indemnity,
(b)), the insurance cover liability of persons acting on behalf of
the insurance provider or separate the liquidator
insurance claims,
(c)) of the Insurance Act have been excluded from the damage caused by negligence,
mistake or omission,
d) insurance including compensation for loss of property and loss of
documents, to the policyholder, the insured and the injured party or other authorized
of the person.
(3) the condition of liability insurance for damage caused by performance
activities of insurance provider that operates
brokering activities at the same time as an insurance agent and as a
insurance broker, as provided for under this Act, is met if
the insurance contract includes responsibility for damage caused by the performance of both
activities with a limit of indemnity of at least
corresponding to the value of eur 1 200 000 per claim, in
the case of overlapping claims in one more year, at least in the amount of
corresponding to the value of eur 1 700 000.
(4) the amount laid down in euro referred to in paragraph 3, section 6a of paragraph 1. 5
(a). and, § 7 (1)). 4 and § 7 (2). 5 (b). and), § 8 paragraph. 5 and § 8 para. 6
(a). and, section 13 paragraph 1). 3 (b). (b)) and § 13 para. 5 (b). (b)) are subject to the
every 5 years the review with regard to the changes in the European index of
consumer prices as published by Eurostat ^ 12a). The amounts are
adjust automatically by increasing the base amount in euro by the percentage
change in that index over the period between the date of the last five years, and
the new review date and rounded up to the nearest euro. When piece measures as follows
adjusted amounts, including the date, from which these changes take
efficiency, the Ministry of Finance shall publish (hereinafter referred to as "the Ministry") in
Financial newsletter and on its Web site.
(5) in a proceeding in matters covered by this law shall follow the procedure referred to in
Code of administrative procedure, unless this Act provides otherwise. If the Czech national
the Bank shall decide on matters for which the complexity could not decide within the time limit
established by this Act, shall, within the extended for 30 days, in
particularly complex cases, the Czech National Bank may extend the time limit to
about 60 days. Extension of the deadline, and the reasons for it shall notify to the Czech National Bank
the parties no later than before the expiry of the statutory
the deadline for the release of the decision in the case.
(6) part of the documents and the other documents submitted by the Czech national
the Bank in a foreign language must be a certified translation into Czech
of the language.
(7) a natural person who is not a citizen of the United States, evidenced by
their integrity appropriate documents issued by the State, which is
citizen, as well as the State in which they resided for the last 3 years
continuously for a period longer than 3 months. This applies mutatis mutandis in the case of
the State of the citizen of the United States, which in the last 3 years
resided continuously for longer than 3 months abroad.
(8) if the State in which a natural person is a foreign citizen, or
State in which the person in the past 3 years, resided continuously
For more than 3 months, does not issue a document similar to the extract from the register
penalties, shall be deemed equivalent to the proof of the integrity of the physical
person a document issued by the competent court or administrative authority of the State whose
a natural person is resident, or the State in which the last 3
years a person resided continuously for more than 3 months.
(9) if the State does not issue the document referred to in paragraph 8, shall be deemed equivalent to the
document, affidavit or declaration, no older than 3
months, made by the natural person concerned before a competent judicial or administrative
authority or a notary in the State of which a citizen is a natural person, or
the State, which in the last 3 years a person resided continuously
For more than 3 months. The authenticity of the Declaration on oath or make solemn
the Declaration must be upheld by the Court, administrative authority or a notary.
(10) proof of the integrity of a legal person located outside the territory of the United
the Republic is a document similar to the extract from the criminal record issued by the State in
where that person acted in a way that was based here or at least
exercised his activity or had their property, as well as States, in
in the last 3 years before the date on which the shows
integrity, operated continuously for more than 3 months. This is true
Similarly, in the case of a domestic legal person, who in the last 3
years continuously for 3 months she worked abroad.
(11) if the State in which the legal person, or a State, in the
where a legal person in the last 3 years she has worked continuously for
For more than 3 months, does not issue a document similar to the extract from the register
penalties, shall be deemed equivalent to the proof of the integrity of the legal
person a document issued by the competent court or administrative authority of the State in
which the legal person, or the State in which the last 3
years before the date on which the shows integrity, she worked
continuously for more than 3 months.
(12) if the State does not issue the document referred to in paragraph 11, shall be deemed
an equivalent document affidavit or sworn statement no
older than 3 months, made by a legal person before the competent court or
administrative authority or a notary in the State in which the legal person
Act, or the State in which, in the last 3 years, such legal
the person she worked continuously for more than 3 months. The authenticity of the
oath or solemn declaration must be upheld by the Court,
administrative authority or a notary public.
(13) when showing compliance with the other requirements of the trust pursuant to section
19 and 20, the provisions of paragraphs 7 to 9 apply mutatis mutandis.
section 28
Special provisions
(1) the premium paid by the policyholder the insurance company through the
the insurance provider shall be considered as insurance premiums paid
the insurance undertaking, insurance premiums being returned to the policyholder the insurance company shall be deemed to
paid at the time when the policy holder is actually receives. Insurance benefits
the insurance company paid through authorised insurance
provider or separate claims with the liquidator's
considered to be paid at the time when the person actually receives.
(2) the amounts of the insurance undertaking, reinsurance undertaking or policyholders and beneficiaries on
account insurance provider pursuant to section 7 (2). 5 (b). (b)) and § 8
paragraph. 6 (a). (b)) are not included in the estate, under a special
Law ^ 14).
(3) the balances of the funds to a special bank accounts of insurance
provider pursuant to section 7 (2). 5 (b). (b)) and § 8 para. 6 (a). (b))
included in the financial security pursuant to § 7 para. 6 (a). and) and § 8 para. 6
(a). and).
section 29
Transitional provisions
(1) a person who, before the date of entry into force of this Act operated
the activity of insurance or reinsurance broker according to present
legislation and that intends to engage in brokering activities
in the insurance industry as an insurance broker qualified for
a higher qualification level of professional competence, shall within 6 months
from the date of entry into force of this Act, to demonstrate the Ministry closure
the insurance contract pursuant to § 8 para. 5 and the fulfilment of the conditions under section 8 (2).
6, if empowered by the policyholder's insurance or receive from the insurance
indemnity, in the case of a legal person, whether or not the name or
name, last name, date of birth and address of the representative.
The Ministry shall issue to such a person within a period of 60 days from the date of receipt of the data
According to the first sentence of the certificate of registration to the registry as an insurance
qualified provider for a higher degree of professional qualification
eligibility. The mere lapse of this period, the Department of notation
insurance or reinsurance broker in the registry maintained by the
the existing legislation. Cancellation of the registration in the registry will notify the
the person that canceled the registration in the register, and shall publish in the manner referred to in section 17
paragraph. 4 within 5 days of the effective date of the decision on the cancellation of the registration
in the registry.
(2) a person who, before the date of entry into force of this Act operated
the activity of an insurance agent in accordance with the existing legislation and
It plans to operate a brokering activities in the insurance sector, it is
within 6 months from the date of entry into force of this Act, make an application
for entry in the register referred to in section 13.
(3) a person who, before the date of entry into force of this Act operated
on the basis of the contract with the insurance company claims the investigation is
within 6 months from the date of entry into force of this Act, apply for
writing to the registry as a liquidator of insurance events
under section 15.
(4) an insurance broker and a separate insurance adjuster
the events referred to in paragraphs 1 to 3, which cannot demonstrate proof of
on completion of vocational studies, the expert exam within 2 years from the date of
entry into force of this Act and shall be documented within this period the Ministry of
the composition of the test. The mere lapse of this period the Ministry of writing in
Clears the registry. This also applies to the submission of their central
school for insurance and reinsurance broker. For the other
insurance brokers and independent insurance surveyors
the event is to provide proof of completion of secondary school is required.
(5) an insurance broker with the home Member State, which
intends to operate an insurance brokerage before
the date of entry of the Treaty of accession of the Czech Republic to the European Union in
into force, shall be considered as an insurance provider domiciled
or located in a third State.
PART TWO
Amendment to the Trade Licensing Act
section 30
In section 3, paragraph 3. 3 (b). a) of Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by Act No. 283/1995 Coll., Act
No. 15/1998 Coll., Act No. 363/1999 Coll. and Act No. 367/2000 Coll.,
the words "insurance agents, insurance and reinsurance brokers"
replaced by the words "insurance intermediaries and individual
surveyors ' fees "and at the end of the footnote text no.
12) the words "Act No. 38/2004 Coll., on insurance
intermediaries and separate likvidátorech of claims and
on the change of the Trade Act (law on insurance
intermediaries and likvidátorech claims). ".
PART THREE
The EFFECTIVENESS of the
section 31
This Act shall take effect on 1 January 2000. January 1, 2005.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
Selected provisions of the novel
Article. XXII of the Act No. 57/2006 Sb.
Transitional provisions
1. the decrees issued by the Ministry on the basis of Act No. 38/2004 Coll., on
insurance intermediaries and separate likvidátorech
claims and about the change of the Trade Act, in the version in force
to the date of entry into force of this law, shall be construed as decrees issued by the
The Czech National Bank on the basis of Act No. 38/2004 Coll., on insurance
intermediaries and separate likvidátorech of claims and
on the change of the Trade Act, in the version in force from the date of acquisition
the effectiveness of this law, that, where the Decree talks about
the Ministry, it is understood by the Czech National Bank and, where these
the Decree talks about the supervision or the supervision of the State, this means surveillance.
2. the lists kept by the Ministry in accordance with the current legislation leads from
the effective date of this Act, the Czech National Bank.
3. the decision in administrative procedure, issued by the Ministry prior to the date of acquisition
the effectiveness of this Act shall be construed as a decision issued by the Czech national
the Bank and the rights and obligations arising from these decisions are not
without prejudice to the. If such a decision was fined that
has not been paid, when you select and the recovery is progressing according
Law No. 38/2004 Coll., on insurance intermediaries and
separate likvidátorech of claims and about the change of trade
the law, in the version in force from the date of entry into force of this Act.
If the decision of the Ministry before the date of entry into force of this
the Act repealed and the case returned for reconsideration, it is appropriate
The Czech National Bank, which shall act in accordance with current legislation.
4. The certificate of registration issued by the Ministry prior to the date of acquisition
the effectiveness of this law shall be considered as certificates issued by the Czech national
the Bank and the rights and obligations arising from them are not affected.
5. proceedings conducted by the Ministry and launched before the date of entry into force of
This law will complete the Czech National Bank according to the existing legal
editing. If a fine is imposed in such proceedings, when it is selecting and
enforcement shall be treated according to law No. 38/2004 Coll., on insurance
intermediaries and separate likvidátorech of claims and
on the change of the Trade Act, in the version in force from the date of acquisition
the effectiveness of this Act.
6. If before the date of entry into force of this Act, the decision
the Ministry, which has been filed, the Bank shall decide on the
the Council of the Czech National Bank pursuant to the existing legislation. If the Bank
such a decision, the Council will cancel and thing return for reconsideration,
This new discussion of relevant Czech National Bank, which will decide
According to the existing legislation. Management and recovery in review
regarding these decisions shall be decided by the date of entry into force of this
the Czech National Bank Act according to the existing legislation.
7. the date of entry into force of this Act shall become the Czech National Bank
instead of the Ministry or a State party to the proceedings, in which he performs
as a participant in the Ministry in connection with the exercise of State supervision over
the provision of insurance and reinsurance, and driving, in which
the Ministry in connection with the exercise of State supervision over the operation of
insurance and reinsurance activity stands out for the State. Financial liabilities,
on the basis of such control arise, the Czech National Bank, will pay the
State. This also applies to liabilities that arise in the Czech National Bank
as a result of proceedings initiated after the date of entry into force of this Act, and
relating to the activities of the Ministry in accordance with the existing legislation.
8. the periods that began running before the date of entry into force of this Act
According to the existing legislation, are not affected by this Act.
9. Until such time as the Board of the Czech National Bank shall appoint the Chairman and
members of the Commission to pursue the professional insurance agent and tests
insurance broker according to § 18 para. 4 of Act No. 38/2004 Coll., on
insurance intermediaries and separate likvidátorech
claims and about the change of the Trade Act, in the version in force
from the date of entry into force of this Act, the former President and members
test the Commission considered to be appointed pursuant to Act No. 38/2004 Coll., on
insurance intermediaries and separate likvidátorech
claims and about the change of the Trade Act, in the version in force
from the date of entry into force of this Act.
Article. The Act No. 223/2009 Sb.
Transitional provision
The proceedings initiated before the date of entry into force of this law, and to this
the day the unfinished completes and the rights and obligations related to
assessed according to the existing legislation.
Article. In Act No. 278/2009 Sb.
Transitional provision
The Czech National Bank entered in a list according to § 18 para. 3 of Act No.
38/2004 Coll., on insurance intermediaries and individual
likvidátorech of claims and of the změněživnostenského law (law
on insurance intermediaries and likvidátorech insurance
event), in the version in force from the date of entry into force of this Act,
the institution, which was at the date of entry into force of this Act listed in the
the list of schools, training facilities and specialized professional
institutions authorized to provide educational programs focused on
achieve professional competence pursuant to § 18 para. 10 (a). (d)) of law No.
38/2004 Coll., on insurance intermediaries and individual
likvidátorech of claims and of the změněživnostenského law (law
on insurance intermediaries and likvidátorech insurance
event), in the version in force before the date of entry into force of this Act.
Article. XXXVIII of Act No 420/2007 Sb.
Transitional provisions
1. a legal person that has been before the date of entry into force of this
the law is written to the registry, for the purpose of this notation considers it
integrity.
2. the proceedings initiated before the date of entry into force of this Act and to
on this day the executor completes and the rights and obligations
related are assessed according to the existing legislation.
1) Council Directive 92/49/EEC of 18 June 1992. June 1992 on the coordination of laws,
and administrative provisions relating to direct insurance other than
environment and amending Directives 73/239/EEC and 88/357/EEC (third directive on
non-life insurance).
European Parliament and Council Directive 2002/92/EC of 9 December 1999. December
2002 on insurance mediation.
Directive of the European Parliament and of the Council 2002/83/EC of 5 July 2004. November
2002 concerning life assurance.
Directive of the European Parliament and of the Council 2002/65/EC of 23 December 2003. September 2002 on
marketing of consumer financial services, the distance and amending
Council Directive 90/619/EEC and directives 97/7/EC and 98/27/EC, as amended.
2) Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), as amended
regulations.
4) Annex No.1 to Act No. 363/1999 Coll., as amended by Act No. 39/2004
SB.
5) for example, § 81, 97, 134 and 192 of the commercial code.
5A) Law No 111/2009 Coll., on basic registers.
5B) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
6) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amendments to certain laws, as amended.
7) § 2 (2). 1 (b). h) and section 3 (2). 4 of Act No. 363/1999 Coll., as amended by
Law No 39/2004 Sb.
8) § 4, part two of the head, the second and the ninth Act No. 140/1961 Coll., the criminal
Act, as amended.
9) to section 200e of Act No 99/1963 Coll., the code of civil procedure, as amended by
amended.
10) section 39 of Act No. 363/1999 Coll., as amended.
11) § 38a of Act No. 363/1999 Coll., as amended by Act No. 38/2004 Coll.
12) § 2 (2). 2 of the commercial code.
12A) Article. 4 (4). 7 the Council and European Parliament Directive 2002/92/EC.
14) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
