Key Benefits:
Chapter 1 | Introduction |
Chapter 2 | Insurance intermediaries and reinsurance intermediaries ' liability insurance and guarantee |
Chapter 3 | Insurance and Guarantee Guarantees of the insurance companies and the management companies |
Chapter 4 | Means Funds |
Chapter 5 | Guarantee Guarantee for Trusted Funds |
Chapter 6 | Penalty provisions |
Chapter 7 | Entry into force, take-over and auditing provisions |
Confession of liability insurance, warranty and treatment of the trusted funds 1)
In accordance with section 20 (2), 5, and section 28 (3). 5, and section 54 (4). 2, in the Law on Insurance intermediation, cf. Law Order no. 1065 of 22. August 2013 :
Chapter 1
Introduction
§ 1. Chapters 2 to 7 of this notice shall apply to :
1) Insurance brokerers.
2) Reinsurance brokers.
3) Insurance business.
4) Administrative undertakings acting on behalf of the insurance undertakings covered by item (s). 3.
Paragraph 2. Chapters 4 to 7 of the Conventing Decision shall apply to sub-agency undertakings and to management companies acting on behalf of several sub-contractors.
Chapter 2
Insurance intermediaries and reinsurance intermediaries ' liability insurance and guarantee
§ 2. It is a condition for the undertaking of an insurance broker or reinsurance agent to have a statement from an insurance undertaking,
1) the undertaking is covered by a liability insurance,
2) that the insurance undertaking shall be liable to the liability of liability for the liability of the undertaking by the undertaking or by any person to which it is liable ;
3) that the insurance undertaking covers the activities of the undertaking in all countries within the European Union and countries concluded by the Community in the financial sphere ; and
4) the curriculum of the insurance cover is at least 1,250.618 per year ; emergency cases and at least 1,875,927 for all damage cases per year ; insurance year, cf. however, paragraph 1 Two and three.
Paragraph 2. In companies with 10 or more registered insurance intermediaries, the liability insurance shall have a total coverage price per insurance years of at least 3.338.462.
Paragraph 3. Where the liability insurance for the individual undertaking is established within a collective system of large-scale cooperating undertakings or as a member of an inter-branch association, they shall apply in paragraph 1. 1, no. 4, indicated the amount of coverage for each participating undertaking, cf. however, paragraph 1 2.
§ 3. It is also a condition,
1) that the liability insurance contains cover for the recovery of the coverage in the event that this may be depleted as a result of one or more injuries in an insurance year (policy covered reinstatement),
2) the insurance claim shall contain the right of the company to the termination of the insurance resulting from the undertaking ' s cessation of claims that have been erupting and notified no later than three years after the undertaking ' s termination, cf. Section 4 (4). 1, and
3) the liability of liability in relation to third parties shall cover claims that have been raised and notified no later than three years after the termination of liability insurance, to the extent that no liability insurance has been drawn up in the second insurance undertaking with full retro-retroactive coverage.
§ 4. In the case of an undertaking ' s bankruptcy or termination, as well as the withdrawal of authorisation, the establishment must draw up a drain on insurance that covers liability for compensation claims which have been raised and notified no later than three years after the undertaking ' s undertaking ; Cease.
Paragraph 2. The coverage sum of the insurance cover must be at least 1,250.618 per. emergency cases and at least 1,875,927 for all emergency cases. You mentioned the amount of coverage for the whole three-year period.
Paragraph 3. Discover the company, f. Exes. in the case of transfers of the customer portfolio to another company, the company ' s insurance undertaking may declare that the existing liability insurance is extended to cover claims arising from the transferable ; insurance brokers ' business or reinsurance intermediaries who are liable for compensation received before the transfer and which have been raised and notified no later than three years after the transfer.
Paragraph 4. Could not cover the folklore as specified in paragraph 1. 3 from the undertaking ' s insurance brokerage or reinsurance intermediary undertaking ' s insurance undertaking, the undertaking shall establish self-drainage insurance of the same extent as specified in paragraph 1. One and two.
§ 5. Although the insurance referred to in section 4 is not drawn or the insurance policy is terminated for other reasons, and without reinsurance of the same extent, the character of another insurance undertaking shall be liable to the liability of the insurance undertaking on behalf of third parties which have been raised ; and reported against the insurance intermediaries or reinsurance intermediaries no later than three years after the termination of liability.
Paragraph 2. In relation to a third party, a liability insurance may only be terminated at the request of the insurance undertaking from a certain date, which may not be able to enter in earlier than one month after receipt of the request in the Finance-sighted.
§ 6. In the submission of insurance declarations, the insurance undertaking shall comply with the liability insurance in section 2-5. The assurance undertaking ' s declaration shall be made on the form of the Financial Regulation.
§ 7. For establishments which have a connection as specified in section 5 (5). 1, no. 7 and 8, in the law of financial activities for companies with no registered office in this country, the Financial Regulation shall take a specific position on the content and scope of an established insurance cover equal to the rules laid down in § § 2-5.
§ 8. A company may comply with the rules in section 2-5 instead of a guarantee guarantee in a financial institution.
Paragraph 2. In the submission of the guarantee declaration, the financial institution shall ensure that the guarantee shall comply with the rules in section 2-4 and section 5 (5). 1. Guarantee sedatives shall be issued on one of the Financial supervision prepared forms.
Chapter 3
Insurance and Guarantee Guarantees of the insurance companies and the management companies
§ 9. It is a condition that a business undertaking (hereinafter referred to as the insurance company or an administration company) may conclude an agreement on the sale of insurance products for an insurance undertaking notified as cross-border transactions, service provider pursuant to section 31 of the Act of Finance that the Financial Authority shall be submitted for the purposes of the Financial Authority ;
1) a statement from an insurance undertaking that the insurance agent or the management company is covered by a liability insurance, cf. paragraph 4 and section 10, or
2) a statement that the insurance undertaking with which an insurance contract has been concluded has assumed responsibility for negligent circumstances of the insurance agent or the management company in connection with the insurance intermediary.
Paragraph 2. an insurance business, an administration company, and a branch of an insurance undertaking notified pursuant to Article 43 (3). 1 in the Act of Insurance intermediary, which is an agreement with an industry (hereinafter referred to as ' sub-premises or management company ") on the sale of between the parties agreed upon insurance, must be covered by a liability insurance, cf. paragraph 4 and section 10.
Paragraph 3. an insurance agent or an administration company registered in another country within the European Union or in a country with which the Community has concluded an agreement in the financial sphere, which is a contract with one ; business (hereinafter referred to as ' sub-premises " or management company) on the sale of between the parties agreed on insurance products, must be covered by a liability insurance, cf. paragraph 4 and section 10.
Paragraph 4. The assurance undertaking ' s declaration of the liability insurance shall be indicated,
1) the insurance undertaking shall be liable to the liability of the liability for the liability of the insurance agent or the administration company in the event of negligence of the insurance agent, the management company, or of the agent company that the insurance agent or the management company shall be liable for,
2) that the liability insurance covers the activities of the insurance agent, the activities of the acting company or the management company in all countries within the European Union and countries concluded by the Community in the area of the financial sphere ; and
3) the curriculum of the insurance cover is at least 1,250.618 per year ; emergency cases and at least 1,875,927 for all damage cases per year ; Insurance years.
Paragraph 5. Is the liability insurance for the individual insurance agent or the management company established in the context of a collective scheme comprehensive more collaborative insurance undertakings or management companies or established as a member in the case of an inter-branch association, the provisions of paragraph 1 4, no. 3, the amount of coverage specified for each insurance undertaking or administration company.
§ 10. It is also a condition,
1) that the liability insurance provides cover for the recovery of the coverage in the event of an exhaustion of one or more injuries in an insurance year (policy-covered reinstatement), and
2) the insurance claim shall contain the right of the insurance agent or the administration party to the termination of the insurance, as a result of the termination of the insurance claim, to insure against compensation claims which have been raised and notified no later than three years ; after termination of the liability insurance, insofar as there is no liability insurance in the second insurance undertaking with full retro-retroactive coverage.
§ 11. In the case of bankruptcy of an insurance agent or administration undertaking, the insurance agent or the management company shall draw up an insurance undertaking which covers liability for liability in connection with : with compensation claims which have been raised and notified no later than three years after the termination of the insurance agent, the management company or insurance intermediaries.
Paragraph 2. The coverage sum of the insurance cover must be at least 1,250.618 per. emergency cases and at least 1,875,927 for all emergency cases. You mentioned the amount of coverage for the whole three-year period.
Paragraph 3. Although the one in paragraph 1. the insurance policy shall not be endorsed or the insurance policy is terminated for other reasons, and without further liability insurance for the same extent in another insurance undertaking, the liability of the insurance undertaking for third parties ' s claim against the insurance agent or the management company, which has been raised and notified no later than three years after the termination of liability.
Paragraph 4. In relation to a third party, a liability insurance may only be terminated at the request of the insurance undertaking from a certain date, which may not be able to enter in earlier than one month following the receipt of the request in the Finance-sighted.
§ 12. In the submission of the assurance declaration, the insurance undertaking shall satisfy the liability insurance in section 9 (4). Paragraph 1 and paragraph. 4 and 5, section 10 and section 11 (4). 1-3. The assurance undertaking ' s declaration shall be made on the form of the Financial Regulation.
§ 13. For the insurance undertakings or the management companies which have a connection as specified in the Act of financial activity, section 5 (5). 1, no. 7 and 8, for companies with no registered offices in this country, the Financial Regulation shall take a specific position on the content and the scope of an established insurance cover equal to the rules in section 9 (1). Paragraph 1 and paragraph. 4-5, section 10 and section 11, paragraph 1. 1-3.
§ 14. An insurance agent or an administration company may be able to fulfil the rules in section 9-11 of the place, instead of a guarantee guarantee in a financial institution.
Paragraph 2. In the submission of the guarantee declaration, the financial institution shall ensure that the guarantee shall comply with the rules laid down in section 9 (4). Paragraph 1 and paragraph. 4 and 5, section 10 and section 11 (4). 1-3. The financial institution ' s declaration shall be made on one of the Financial supervision drawn up.
Chapter 4
Means Funds
§ 15. Where a company is subject to section 1 as part of the insurance intermediary, they must be inserted into a separate account in a bank account (client account) covered by a guarantee, cf. Chapter 5.
Paragraph 2. An insurance mediation and reinsurance intermediary undertaking shall at the same time, with an application for authorisation to the Financial Authority, or whose authorisation is granted when such funds are received, certificate of creation of a client account.
Paragraph 3. Other insurance intermediaries shall send proof of the creation of a client account where such funds are received in connection with the notification of registration or when such a client account is created.
§ 16. In a client account, the amount must be inserted, including premiums and insurance payments that the company receives as part of the insurance intermediary, cf. however, paragraph 1 2.
Paragraph 2. Amounts covered by a free-card certificate from an insurance company cannot be pasted on the client account.
Paragraph 3. Provision, including advances, as well as other charges, which business, cf. Section 1 (1). 1, no. 3 and 4 and paragraph 1. 2 receiving as part of the insurance establishment, without undue delay, the client account must be discontinued.
§ 17. A client account is created in the insurance intermediary company's name and is provided at your disposal.
§ 18. A client account may only be created in financial institutions which, by one of the FGs approved by the Financial Regulation, has committed itself to complying with the provisions of paragraph 1. 2.
Paragraph 2. Regardless of any other intermediation between the insurance intermediation company or any of its customers, the monetary institution shall not, by any other means, be able to dispose of anything in a client-account balance that is required to cover ; the undertaking ' s response to third parties for trusted funds.
§ 19. In the client account, all trusted funds must be inserted within the first day of the day following the receipt, including amounts paid to the insurance intermediation company for the maintenance of the outlay for the client.
Paragraph 2. The amount of this is the amount immediately after receipt is used for payment of the bill for the person concerned.
20. Any insurance intermediary undertaking shall provide a list of trusted funds. The insurance company must have prepared a business process that ensures the correct registration of trusted funds.
§ 21. The Financial supervision may at any time and, without reason, impose an assurance intermediation undertaking within one of the Financial supervision stipulated a short period of time to submit a statement by an auditor approved under the review of the auditing law on the revision of the the client account, cf. section 4 in the notice of the annual reports by the insurance intermediaries and the reinsurance intermediaries.
Paragraph 2. Has an insurance undertaking ' s inventory of trusted funds, cf. Article 20, or has the assurance intermediation undertaking, by the way, infringed the rules on the treatment of trusted funds, the Financial supervision may require the insurance intermediation undertaking for one of the Financial supervision fixed period or so far. to submit a client account declaration, cf. paragraph 1, quarterly or otherwise by the oversight.
Chapter 5
Guarantee Guarantee for Trusted Funds
§ 22. It is a condition for the benefit of an insurance intermediation under section 1 to receive trusted funds, cf. Chapter 4, the existence of a statement by an insurance undertaking or financial institution (hereinafter referred to as guarantee provides) ;
1) guarantees as self-inflicted claims on the payment of trusted funds, cf. Cap. 4 which can be directed against the insurance intermediary in respect of its business as insurance intermediaries ;
2) that the guarantee to be guaranteed by his content gives it a direct claim against guarantees,
3) the guarantee must be covered by the claims relating to the funds entrusted with the date of the guarantee, and until the end of the guarantee period (warranty period), cf. ~ 24, and
4) that the guarantee has not been subject to any restrictions other than they are authorized by this notice.
Paragraph 2. Where the guarantee has been established in the context of a collective arrangement, a comprehensive number of undertakings may be a self-employed fund or association, where the commitment of the Fund or association is thus : in accordance with a specific assessment of the Financial Authority, a similar security shall be available at each time as provided for in paragraph 1. 1.
-23. The guarantee may be limited in the amount so that each year of the guarantee period is covered only by a certain amount of the guarantee period. However, this amount shall be at least 335,845 per. Insurance intermediation.
Paragraph 2. The limit laid down in paragraph 1. ONE, TWO. Act. the guarantee shall not be reduced even if the guarantee is set for a shorter period than one year.
§ 24. The guarantee may be limited in time, in such a way as to cover only claims made to guarantee no later than three years after the completion of the task which triggers the requirement.
Paragraph 2. The period laid down in paragraph 1 1 shall be suspended at the risk of prosecution against the insurance intermediation undertaking.
§ 25. The guarantee declaration shall be drawn up by the guarantee office. The guarantee declaration shall be made on one of the Financial supervision drawn up form.
Paragraph 2. The guarantee certificate shall guarantee that the guarantee shall comply with the rules laid down in section 22-24 (2). 1.
Paragraph 3. The guarantee guarantee may only be brought to an end at the request of a guarantee, with effect from a certain date, which may not be able to enter in earlier than one month after receipt of the request in the Finance-sighted. Guarantees may, however, require that the guarantee be brought to an end of the day following the receipt of the request in the Financial Regulation where the request is justified in the fraudulent conditions of the insurance undertaking.
Chapter 6
Penalty provisions
SECTION 26. Inherit of § § 2-5, section 9 (4). 1-4, section 10-11, paragraph 1. 1-3, section 15, § 16, section 18-20, section 22, paragraph. Paragraph 1, section 23, paragraph 23. ONE, TWO. Act. is punished by fine.
Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
Chapter 7
Entry into force, take-over and auditing provisions
§ 27. The announcement shall enter into force on the 15th. November, 2013.
Paragraph 2. Publication no. 1390 of 22. In December 2008 on the liability of insurance, the guarantee of insurance, guarantees and treatment of the funds entrusted to the funds shall be deleted, cf. however, paragraph 1 3 and 4.
Paragraph 3. Expire assurances drawn by a five-year period of departure prior to the 15th. In January 2009 must be maintained with the agreed departure period.
Paragraph 4. Responsibility for insurance which an underagent has drawn for signed insurance intermediation agreements with an underagent under paragraph 9 (4). 2-5 and § § 10-11 of notice no. 1390 of 22. In December 2008 on the liability of insurance, the guarantee of insurance, guarantee and processing of trusted funds shall be maintained until the insurance intermediation contract expiates.
§ 28. You in section 2, paragraph 1. 1, no. 4, section 2, paragraph 2. 2, section 4 (4). 2, section 9 (4). 4, no. 3, section 11, paragraph 1. 2 and section 23 (4). 1 shall be increased automatically every five years, for the first time on 15 years, for the amount of the insurance and the guarantee-style of the insurance cover. January 2018 and then five years after the previous revision.
Paragraph 2. Revision of the relevant amounts shall be carried out by the percentage change to the European consumer price index for the period from the 15th. January 2013, and to the 15th. In January, 2018 or from the date of the previous revision to the new revision and shall be rounded up to the nearest whole euro.
Paragraph 3. The SEC shall publish every five years, with which the percentage of the European consumer price index has changed over the period.
Financial supervision, 1. November 2013
Ulrik Nutgaard
/ Annette Bjaaland Andersen
1) The announcement contains provisions which implement parts of the European Parliament's and Council Directive no. 2002 /92/EC of 9. In December 2002 on the insurance intermediaries, no. L 9, s. 3).