The Implementing Decree On The Law On Insurance Intermediaries

Original Language Title: Implementing Decree On The Law On Insurance Intermediaries

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58517&nr=582~2F2004~20Sb.&ft=txt

582/2004 Sb.



The DECREE



of 18 July 2003. November 2004,



by implementing some provisions of the law on insurance

insurance intermediaries and likvidátorech events



Change: 40/2006 Coll. (part)



Change: 40/2006 Sb.



Change: 251/2007 Sb.



Change: 74/2010 Sb.



The Ministry of Finance (hereinafter referred to as "the Ministry") determined in accordance with section 12 of the paragraph.

1, § 16. 2, § 18 paragraph. 3 and 10 and section 22 paragraph 1(b). 2 of Act No. 38/2004

Coll., on insurance intermediaries and separate likvidátorech

claims and about the change of the Trade Licensing Act (law on the

insurance intermediaries and likvidátorech claims)

(hereinafter referred to as "the Act"):



§ 1



The subject of the edit



This Decree lays down the



the shape and content of and) registration numbers,



(b) the particulars of the certificate of registration) in the registry



insurance brokers and independent insurance surveyors

event

(hereinafter referred to as "the register"),



(c)) list of documents proving their professional studies,



(d) the method of execution of the technical tests) for the basic level of qualification

professional competence,



(e) the minimum range of vocational knowledge) for the base, middle and higher

the degree of professional competence,



(f) the composition and scope of) the way the professional tests, insurance agent and

insurance broker, including the conditions under which these tests

to execute,



(g)) details and form of the annual report of activities of insurance agent and

insurance broker.



§ 2



The shape and content of the registration numbers



(1) the registration number of the shape, consisting of a combination of numbers and letters.



(2) registration number contains



) and the order in which the person is registered in the registry, expressed

a six-digit number starting with number 000001,



(b) representation of the literal portion of the registry), in which the registered person

written, composed of letters



1. the "OEM", which expresses a bound registration of insurance

the provider,



2. the "AFC", which expresses the register child insurance

the provider,



3. "VPA", which expresses the registration of exclusive insurance agent,



4. "PA", which expresses the registration of an insurance agent,



5. "PM", which expresses the registration, insurance broker,



6. "PZ-..." which expresses the register of insurance intermediaries

from another Member State, the hyphen indicate the international

the brand of the State headquarters of the provider, the



7. "SLPU", which expresses the separate registration of the liquidator

insurance claims.



§ 3



The particulars of the certificate of registration in the register



(1) the certificate of registration in the registry of physical persons includes



and, where appropriate,) the name and last name, academic title, and if the

entrepreneurs, whether or not the business name,



(b) the date of birth),



(c) the address of the place of residence) and place of business if different from the residence,



(d)) date of entry in the register,



(e) the designation of the registry and the registration) number, under which is a natural person

registered,



(f)), for which the business was a natural person registered,



(g)) entry of the address to which it is possible to verify registration.



(2) the certificate of registration in the register of legal persons includes



and, where appropriate, trade names), the name



(b) registered office and identification number),



(c) the name, if applicable), name and surname, date of birth and address of the place of

residence of the responsible representative, if the legal person shall be bound to this

appoint a representative,



(d)) date of entry in the register,



(e) the designation of the registry and the registration) number, under which is a legal person

registered,



(f)) business, for which the legal person is registered,



(g)) entry of the address to which it is possible to verify the registration, and



(h) the address of the business company) located in the Czech Republic, if the

the insurance provider established in another Member State than that.



(3) a certificate of entry in the register shall bear the imprint of a round stamp

The Czech National Bank and the signatures of two authorised employees of the Czech national

the Bank, together with their names, or the names, surnames and functions. Pattern

certificate of registration in the register referred to in paragraph 1 is provided in annex No.

1 to this notice. Model of the certificate of registration in the register referred to in paragraph 2

is given in annex 2 to this Decree.



§ 4



List of documents proving their vocational study



Proof their vocational study is



and diploma of) their studies in the Bachelor, master

or doctoral study programme, or



(b)) proof of the end of vocational studies at the higher technical school or

Middle School.



§ 5



The method and conditions for the execution of professional qualification tests

the degree of professional competence



(1) the Professional exam for the basic level of qualification training

eligibility consists of a written test, the content is based on the

the minimum requirements of vocational knowledge laid down in this Decree for

the basic qualification degree of professional competence, and of the oral part.



(2) a candidate for the composition of the professional examinations (hereinafter referred to as "the applicant"), which

correctly answered at least 80% of the questions in the written test of professional

the test succeeded and non-compliant with the oral part of the professional examination.



(3) the tenderer who correctly answered at least 60% of the questions of the written

test, but less than 80% of the questions in the written test, oral is subjected

part of the professional examination and, on the basis of the findings of the expert tests

overall, the succeeded or failed.



(4) the tenderer who correctly answered less than 60% of the questions of the written

the test, in the test failed and non-compliant with the oral training

of the test.



(5) the candidate, who resigned from the test or the test failed, it may

Repeat the test in any of the other terms.



(6) School, training equipment, specialized professional institutions or

the insurance company with which the tenderer executed the Professional exam for the basic

the degree of professional competence, the applicants as proof of

vocational test certificates of basic vocational qualification level

the eligibility of an insurance provider or a separate

the liquidator of claims according to the model set out in the model No. 1

Annex 8 to this Decree, and in two copies. Certificate

stamping and the signature of the authorised person.



§ 6



The range of the minimum for basic vocational knowledge, medium and higher level

professional competence



The range of minimum knowledge for vocational



and the basic level of qualification) professional competence is given in

Annex No. 3 to this Decree,



(b) the qualifying degree) Central professional competence is given in annex

No 4 to this Decree and



(c) a higher qualification level) professional competence is given in annex

No 5 to this Decree.



section 7 of the



How the composition and scope of professional insurance agent and tests

insurance broker, including the conditions under which these tests

to execute the



(1) the purpose of the Professional exam insurance agent or insurance

a broker is to verify whether the candidate meets the qualifications for the performance of

intermediary activities, for which the law stipulates a medium or

the higher qualification level of professional competence.



(2) the test executes the tenderer, the Czech National Bank shall submit a written

the application form not later than 40 days before the date of the ordinary rehearsal and on the

the prescribed form of which a specimen is given in annex 7 to this

the Decree. Ordinary examination dates are 1. March, 1. June, 1.

September and 1. December; If this date falls on a working day

or public holiday, the deadline is the first rehearsal the following

working day. Subscribes to a professional test a greater number of applicants,

than would be possible in a proper exam test date, Czech national

the Bank will announce an extraordinary examination of the term. The venue of the proper professional

the test and the date and place of the holding of the technical examination shall publish the Czech

the National Bank no later than 25 days before the rehearsal deadline on their

the Web site.



(3) the tenderer is to test herself in the term referred to in paragraph 2,

that said, in the application or in an extraordinary examination of the term; in

this case, the Czech National Bank shall inform the applicant, the term and place of

the venue of the test in writing no later than 15 days before the advance.



(4) Expert Exam for middle and higher level of proficiency

consists of a written test, the content is based on the requirements of the vocational

minimum knowledge laid down in this Decree for secondary or higher

the degree of professional competence, and of the oral part.



(5) the tenderer who correctly answered at least 80% of the questions of the written

the test, in the test succeeded and non-compliant with the oral training

of the test.



(6) the tenderer who correctly answered at least 60% of the questions of the written

test, but less than 80% of the questions in the written test, oral is subjected

part of the professional examination and, on the basis of the findings of the expert tests

overall, the succeeded or failed.



(7) the tenderer who correctly answered less than 60% of the questions of the written

the test, in the test failed and non-compliant with the oral training

of the test.



(8) the tenderer, who resigned from the test or the test failed, it may

Repeat the test in one of the next test date.



(9) the Commission shall issue a Test applicants who successfully perform professional
the test, as proof of training certificate test done on the Middle

or higher qualification level of professional competence of insurance

provider in accordance with the model 2 in annex 8 to this

the Decree, and in two copies. The certificate shall bear a round stamp

The Czech National Bank and the signature of the Chairman of the examination Committee. Czech national

the Bank sends the following certificate drawn up into their own hands, and candidates

within 15 days from the date of payment of the administrative fee ^ 1).



(10) a copy of the certificate, the completed written tests of bearing

the signature of the Chairman of the examination Board and the Protocol of tests during training

The Czech National Bank archives.



§ 8



The institution authorized to provide educational programs



School educational programs, educational programs, or programs

lifelong learning, aimed at achieving proficiency

provide school, training equipment, or specialized professional

institutions referred to in the list beginning in the Czech National Bank

in a way that allows remote access to its website

and the insurance company, which was the Czech National Bank has been granted a permit to

the pursuit of this activity as an activity related to the allowable

insurance activities.



§ 9



The details and the form of the annual report of activities of insurance agent and

insurance broker



(1) the annual statement of activities ("activities") insurance

Agent and insurance broker who is a natural person, except

exclusive insurance agent, contains



and his name, if applicable), name, last name, title, and if the entrepreneur

registered in the commercial register, whether or not the business name,



(b) the place of residence and address of) his place of business, if different from the location

residence,



(c)) his registration number,



(d) a list of insurance companies, for), which was active in the previous calendar year,

in the case of an insurance agent,



(e) a list of insurance companies, which) in the last calendar year

mediated conclusion of the insurance contract for its clients, if it

insurance broker,



(f) volume of the deals it) for the previous calendar year, and in

the total amount of and of by insurance companies,



(g)) the volume of premiums, or by inkasovaného the intermediate

the claims, if it was in the past calendar year empowered to

the transfer of these funds, and



(h)), the list of insurance intermediaries residing or established in the

another Member State than the Czech Republic, for which he was active.



(2) the statement of activities of insurance agent and insurance broker, which

It is a legal person, with the exception of the exclusive insurance agent,

contains



and its business name,) where appropriate, the name,



(b) its registered office and address) of all its branches,



(c)) his registration number, the registration number,



(d) a list of insurance companies, for), which was active in the previous calendar year,

in the case of an insurance agent,



(e) a list of insurance companies, which) in the last calendar year

mediated conclusion of the insurance contract for its clients, if it

insurance broker,



(f) volume of the deals it) for the previous calendar year, and in

the total amount of and of by insurance companies,



(g)) the volume of premiums, or by inkasovaného the intermediate

the claims, if it was in the past calendar year empowered to

the transfer of these funds, and



(h)), the list of insurance intermediaries residing or established in the

another Member State than the Czech Republic, for which he was active.



(3) the volume of concluded deals in the statement expressed by the number of insurance

the conclusion of insurance contracts which the intermediary in the reference

the period for payment, and the amount of brokered premiums

relating to these insurance contracts.



(4) the amount of the insurance premium is expressed in the statement of the total amount of insurance

inkasovaného provider of insurance, which falls on the volume it

closed shops.



(5) the amount of the indemnity shall be expressed in the statement of the total amount of

claims, the payment to the beneficiary of the insurance

provider in the reference period.



(6) a statement of the activities shall be submitted to the Czech National Bank in electronic

the form of the application through the Czech National Bank for the collection of data

It is available in a manner enabling remote access. Electronic form

the statement of activities of insurance agent or insurance broker must affix the

the validation code, which assigns to him the Czech National Bank and shall notify within 30

days from the date of its registration. If it is registered at the same time as the

an insurance agent and as an insurance broker, shall allocate to the Czech national

Bank verification code separately for each registration.



(7) an insurance agent or insurance broker shall draw up a statement of activities

also in documentary form and affix it to the date of its signature and copy

authorized person. If an insurance agent or insurance broker

a legal person, is a statement signed by its responsible representative.

Statement of activities in the paper maintains an insurance agent or

insurance broker for the purposes of exercising supervision over the operation of the activities of the

insurance intermediaries.



§ 10



The effectiveness of the



This Decree shall take effect on 1 January 2005. January 1, 2005.



Minister:



MSC. in r. Sobotka.



Annex 1



Pattern

Logo

The Czech National Bank



CERTIFICATE



ON THE REGISTRATION IN THE REGISTER OF INSURANCE INTERMEDIARIES

AND SEPARATE SURVEYORS ' FEES



...........................................................

(name or name, last name, title, business name)



date of birth:...............

the address of the place of residence

address of place of business:.......



fulfilled/and the conditions for entry in the register pursuant to Act No. 38/2004

Coll., on insurance intermediaries and individual

likvidátorech insurance claims, and amendment to the Trade Licensing Act

(law on insurance intermediaries and likvidátorech

insurance claims), as amended, and



and it was on.............



written/and registry under the number:..........



as



.............................................................

the subject of the business for which the natural person registered



Write to the registry can be verified at the premises of the Czech National Bank,

Na Příkopě 28, 115 03 Prague 1, or on the website

www.cnb.cz.



the imprint of a round stamp

The Czech National Bank



name, where applicable, the name, surname and signature of the name, where applicable, the name, surname and signature of the

authorized person, stating the functions of an authorized person, indicating its function



Annex 2



Pattern

Logo

The Czech National Bank



CERTIFICATE



ON THE REGISTRATION IN THE REGISTER OF INSURANCE INTERMEDIARIES

AND SEPARATE SURVEYORS ' FEES



............................................

(business name or name)



sídlo: .................., IČ ...............,

the address of the business enterprise in the Czech Republic,

in the case of an insurance provider based in other than

členském státě: ..................................................

responsible representative: name or name, surname:...........

date of birth:........, the address of the place of residence:.......



fulfilled the conditions for entry in the register pursuant to Act No. 38/2004 Coll.,

on insurance intermediaries and separate likvidátorech

claims and about the change of the Trade Licensing Act (law on the

insurance intermediaries and the insurance likvidátorech

event), as amended, and



and it was on ... ... ....



registered in the registry under the number:...........



as



................................................................

course of business, for which the legal person is registered



Write to the registry can be verified at the premises of the Czech National Bank,

Na Příkopě 28, 115 03 Prague 1, or on the website

www.cnb.cz.



the imprint of a round stamp

The Czech National Bank



name, where applicable, the name, surname and signature of the name, where applicable, the name, surname and signature of the

authorized person, stating the functions of an authorized person, indicating its function



Annex 3



THE RANGE OF THE MINIMUM BASIC VOCATIONAL SKILLS FOR THE QUALIFYING DEGREE

PROFESSIONAL COMPETENCE OF INSURANCE INTERMEDIARIES AND INDIVIDUAL

SURVEYORS ' FEES



(I).



Private insurance law



1. Basic concepts



2. State supervision in the insurance sector (its performance, forms and tools)



3. Confidentiality and protection of personal data (duties, penalties)



II.



Private insurance law



1. General legal terms (legal personality, legal capacity

legal capacity, liability)



2. Basic concepts of the law of insurance contract



3. Insurance, creation, extinction, interruption, the insurance contract



4. Injury insurance



5. Obnosové insurance



6. the information provided by the candidates and the policyholder



7. Mandatory insurance



III.



Insurance mediation (only for the insurance provider)
1. Basic concepts of the law on insurance intermediaries and

separate likvidátorech of insurance events



2. the conditions of activities of insurance intermediaries (registration,

the single European market)



3. The legal relationship between the insurance company and the insurance provider



4. State supervision of the operation of a business (scope, measures)



5. Rights and obligations of the insurance provider (to the client,

the insurance company, for example. a procedure for the negotiation of insurance information

obligation, but also a responsibility for the damage, the consequences of breach of duties)



(III) (b).



The settlement of claims (only for separate insurance adjusters

insured events)



1. Basic concepts of the law on insurance intermediaries and

separate insurance events likvidátorech



2. the conditions of activity of separate surveyors ' fees



3. The legal relationship between the insurance company and an individual liquidator of insurance

event



4. State supervision of the operation of a business (scope, measures)



5. The rights and duties of the liquidator of the separate insurance events

(to the client, the insurance company, the responsibility for the damage, the consequences of

duties, etc.)



IV.



Additional requirements



1. Tax treatment of insurance from the perspective of the client



2. Ethics in the performance of activities of insurance intermediaries and

separate the liquidator of insurance events (codes of ethics)



Annex 4



THE RANGE OF PROFESSIONAL EXPERTISE FOR CENTRAL QUALIFYING MINIMUM DEGREE

PROFESSIONAL COMPETENCE OF INSURANCE INTERMEDIARIES



(I).



Private insurance law



1. Basic concepts



2. the basic conditions for the operation of the life and non-life insurance



3. State supervision in the insurance sector (competence measures)



4. the basic criteria for the evaluation of the stability of insurance companies



5. Confidentiality and protection of personal data (duties, penalties)



6. The selected legislation: the Act on certain measures against the

the legalization of the proceeds of Crime Act, the Act on public procurement,

selected provisions of the commercial code (competition) and the selected

provisions of the criminal law (insurance fraud).



II.



Private insurance law



1. General legal terms (legal personality, legal capacity

legal capacity, liability)



2. Basic concepts of the law of insurance contract



3. Insurance, creation, extinction, interruption, the insurance contract



4. Injury insurance



5. Obnosové insurance



6. the insurance stuff and other assets



7. Liability insurance



8. Legal expenses insurance



9. Life insurance, accident insurance and sickness insurance



10. Compulsory insurance



11. the information provided by the candidates and the policyholder



III.



Insurance mediation



1. Basic concepts of the law on insurance intermediaries and

separate likvidátorech of insurance events



2. the conditions of activities of insurance intermediaries (registration,

the single European market)



3. The legal relationship between the insurance company and the insurance provider



4. State supervision of the operation of a business (scope, measures)



5. analysis of insurance products, insurance product selection and policy

the calculation of premiums



6. the rights and obligations of the insurance provider (to the client,

the insurance company, for example. a procedure for the negotiation of insurance information

obligation, but also a responsibility for the damage, the consequences of breach of duties)



IV.



Additional requirements



1. principles for risk assessment for insurance purposes



2. Tax treatment of insurance from the perspective of the client



3. Ethics in the performance of activities of insurance intermediaries and

separate the liquidator of insurance events (codes of ethics)



Annex 5



THE RANGE OF THE MINIMUM KNOWLEDGE OF THE HIGHER VOCATIONAL QUALIFICATION TRAINING FOR THE DEGREE OF

THE ELIGIBILITY OF INSURANCE INTERMEDIARIES



(I).



Private insurance law



1. Basic concepts



2. the basic conditions for the operation of the life and non-life insurance



3. The basic conditions of operation to ensure



4. United insurance risks



5. the single market in the community in terms of private insurance



6. the basic criteria for the evaluation of the stability of insurance and reinsurance undertakings



7. State supervision in the insurance sector (competence measures)



8. Confidentiality and protection of personal data (duties, penalties)



9. The selected legislation: the Act on certain measures against the

the legalization of the proceeds of Crime Act, the Act on public procurement,

selected provisions of the commercial code (competition) and the selected

provisions of the criminal law (insurance fraud).



II.



Private insurance law



1. General legal terms (legal personality, legal capacity

legal capacity, liability)



2. Basic concepts of the law of insurance contract



3. The insurance contract and insurance policy



4. Insurance, creation, interruption and termination of insurance



5. The injury insurance



6. Obnosové insurance



7. the insurance stuff and other assets



8. Liability insurance



9. Legal expenses insurance



10. Life insurance, accident insurance and sickness insurance



11. Liability insurance for damage from the operation of the vehicle and the other mandatory

insurance



12. Coinsurance



13. Choice of law in the insurance contracts



14. Information provided by the candidates and the policyholder



III.



Ensure in the private insurance industry



1. Basic concepts



2. Ensure proportional and fixed-width



3. Practice in negotiating and securing the basic contents of the hedge

contracts



IV.



Insurance and reinsurance mediation



1. Basic concepts of the law on insurance intermediaries and

separate likvidátorech of insurance events



2. the conditions of activities of insurance intermediaries (registration,

the single European market)



3. The legal relationship between an insurance undertaking, a reinsurance undertaking, and the insurance, respectively.

by the provider



4. State supervision of the operation of a business (scope, measures)



5. analysis of insurance and reinsurance products, selection of premiums or

the product and the principles of calculation of premiums premiums or premiums



6. the rights and obligations of the insurance provider (to the client,

the insurance company, for example. a procedure for the negotiation of insurance information

obligation, but also a responsibility for the damage, the consequences of breach of duties)



In the.



Additional requirements



1. principles for risk assessment for insurance purposes



2. Tax treatment of insurance from the perspective of the client



3. Ethics in the performance of activities of insurance intermediaries and

separate the liquidator of insurance events (codes of ethics)



Annex 6



cancelled



Annex 7



MODEL APPLICATION



APPLICATION FOR PROFESSIONAL TEST

AN INSURANCE AGENT OR INSURANCE BROKER



Name, or name, last name, title:



Maiden name:



Date and place of birth:



Nationality:



Address of the place of residence of foreign nationals, where appropriate, the/u address

stay in the Czech Republic/

(Street and number, municipality, POSTAL CODE):



Address for service of documents:



Contact:-phone:

-fax:

-e-mail:



The required degree of higher vocational test: medium



The term execution of the Professional exam:



I agree with the use of the said personal data for the purposes of the execution of

Professional exams and for the registration of the Ministry of finance needs.



Date: applicant's Signature:



Annex 8



SPECIMENS OF THE CERTIFICATES

MODEL No. 1



the name of the body issuing the certificate



CERTIFICATE



THE BASIC QUALIFICATION DEGREE OF PROFESSIONAL COMPETENCE

THE INSURANCE PROVIDER/SEPARATE THE LIQUIDATOR

INSURANCE EVENTS



for



Name, where applicable, the name, surname, title:........................

Maiden name:........................

Date and place of birth:........................

Nationality:........................

Address of the place of residence of foreign nationals, where appropriate, the/u

the address of the residence in the Czech Republic/

(Street and number, municipality, POSTAL CODE):........................



------------------------------------------------------------------

This is to certify that the above/AA folded on...................,

Professional exam for the basic level of proficiency

the insurance provider/separate the liquidator

claims pursuant to Act No. 38/2004 Coll.



stamp of the competent body......................

signature of authorized person



The date of issue of the certificate:.......................

------------------------------------------------------------------



PATTERN No. 2



Logo

The Czech National Bank



CERTIFICATE



ABOUT THE MIDDLE/HIGHER QUALIFICATION DEGREE OF PROFESSIONAL COMPETENCE

INSURANCE PROVIDER



for



Name, where applicable, the name, surname, title:........................

Maiden name:........................

Date and place of birth:........................

Nationality:........................

Address of the place of residence of foreign nationals, where appropriate, the/u

the address of the residence in the Czech Republic/

(Street and number, municipality, POSTAL CODE):........................
-------------------------------------------------------------------------------

This is to certify that the above/Ah passed/and by the Commission, prior to the trial

day.........., no log.........., the professional examination for

medium/higher qualification degree of professional competence

insurance provider pursuant to Act No. 38/2004 Coll.,

in the wording of later regulations.



round stamp the imprint of the Czech National Bank...............................

the signature of the Chairman of the examination Board



The date of issue of the certificate:................................

the signature of the Secretary of the trial Commission

-------------------------------------------------------------------------------



Selected provisions of the novel



Article II of the Decree No 40/2006 Sb.



The transitional provisions of the



The Ministry shall notify the agent or brokers pojišťovacímu pojišťovacímu

registered before the date of entry into force of this Decree, the verification code

within 60 days from the date of entry into force of section 11 of this Ordinance.



Item 64 (a)) 1. (c)) of the annex to law No. 368/1992 Coll., on administrative

fees, as amended.



2 § 2 (b)). (c)) of the Act No. 480/2004 Coll., on some service information

the company and amending certain laws.



3) Act No 227/2000 Coll., on electronic signature, as amended

regulations.