Advanced Search

The Law On Emergency Insurance Guarantee

Original Language Title: Laki poikkeusolojen vakuutustakuusta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the guarantee guarantee

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

Issue of insurance against abnormality

ARTICLE 1
Insurance guarantee of exceptional circumstances

The State Council may (1552/2011) in Article 3 Under exceptional circumstances and in the event of a serious disturbance of the population's livelihood or the functioning of the economy in the event of a serious disturbance of the economy, lay down conditions and counter-guarantees without requiring the granting of a State guarantee to the insurance institution Injury insurance ( Exceptional circumstances guarantee guarantee ). (12/01/1559)

The guarantee of exceptional circumstances may only be granted if the accident insurance is deemed necessary to safeguard the livelihood of the population or the economy of the country, and if there is no appropriate reinsurance under the circumstances.

The General Council shall lay down the general terms and conditions applicable to the mode of insurance of exceptional circumstances.

ARTICLE 2
Duration and maximum amount of the guarantee

The guarantee of exceptional circumstances may not exceed six months at a time.

The total amount of the State's exposure may not exceed EUR 10 billion per calendar year.

ARTICLE 3
Subject matter of the insurance

In the case of non-life insurance referred to in Article 1 (1), the insured person may:

(1) a Finnish merchant vessel, aircraft, vehicle or rail vehicle;

(2) the goods carried on board, on-board or railway vehicle, as referred to in paragraph 1;

(3) a foreign merchant vessel, aircraft, vehicle or rail vehicle and the goods in it when the goods in question are important to Finland;

(4) a person working on board, a vehicle or a railway vehicle referred to in paragraphs 1 or 3 in the case of statutory accident insurance;

(5) liability for the use of a ship, a vehicle or a railway vehicle as referred to in paragraphs 1 or 3;

(6) other benefits necessary to safeguard the livelihood of the population or the economy of the country.

§ 4
Taxes fee and handling fee

A guarantee fee shall be charged on the basis of exceptional circumstances, taking into account the equivalence of the premium in relation to the risk, the gravity of the exceptional circumstances, the extent and importance of the exceptional circumstances for the purpose of the accident insurance; or And other factors affecting the quality and extent of the risk to the State. Taking into account the prevailing circumstances, the guarantee fee may be reduced or waived.

Decisions on the insurance guarantee shall be subject to a handling fee as equivalent to the average cost of processing the insurance guarantee.

Chapter 2

Insurance Guarantee Commission for Exceptional Conditions

§ 5
Instaration

The Government of the Ministry of Social Affairs and Health is set up by the Government of the Ministry of Social Affairs and Health at a maximum of three years at a time.

ARTICLE 6
Composition

There shall be a President, a Vice-President and at least three other members of the Committee on Exceptional Conditions. The Chairperson and at least two other members shall have knowledge of such insurance activities as is necessary for the quality and extent of the activities of the Commission.

If the Chairperson of the Commission, the Vice-President or any other member of the Commission resigs or dies during the term of office, the Ministry of Social Affairs and Health shall order the remainder of the term of office for the remainder of the term of office of the President, the Deputy Chairperson or the member.

§ 7
Tasks

The Committee on Exceptional Conditions shall be responsible for:

(1) monitoring and evaluating the Ministry of Social Affairs and Health as an aid to the security of supply in matters relating to the application of Articles 1 to 4;

(2) to prepare the general conditions applicable to insurance guarantees for exceptional circumstances;

(3) prepare the criteria for the guarantee fee and the fee for processing referred to in Article 4;

(4) assess the risks, liaise with insurers, policyholders and authorities, monitor the conditions, compliance with the terms of the guarantee month and the storage and import of essential goods essential for maintaining security of supply; and Other necessary measures to manage emergency insurance guarantees;

(5) carry out the work of the other Ministry of Social Affairs and Health in relation to the study, research and preparatory work relating to the exceptional circumstances of insurance.

The Commission shall report annually to the Ministry of Social Affairs and Health in March at the latest on its activities in the previous year.

§ 8
Right to information

The RAC shall have the right to obtain the information necessary for the management of insurance guarantees for insurance purposes from the authorities, as well as from insurance and pension institutions, notwithstanding the confidentiality or disclosure of information elsewhere. The law provides.

§ 9
Quorum, experts and fees

The quorum shall be quorum when the President or Vice-President of the Commission and at least half of the other members are present. Decisions are taken by a simple majority of votes. In the event of a tie, the Chairman of the meeting shall vote.

The Agency shall have the right to use experts.

The Ministry of Social Affairs and Health confirms the fees of members of the Commission and experts.

ARTICLE 10
Civil liability

The provisions on criminal liability in the performance of the functions of the Commission shall apply to members of the Committee on Exceptional Conditions, to experts and to other tasks of the Commission.

In terms of handling and management of insurance guarantees, the commission must comply with the administrative law. (2003) And languages (2003) Provides.

Chapter 3

Outstanding provisions

ARTICLE 11
Official assistance

The police and other authorities shall provide the necessary assistance in the implementation of this law and of the provisions adopted pursuant to it.

ARTICLE 12
Appeals appeal

The decision within the meaning of this Law shall be subject to appeal in the form of a law on administrative law (18/06/1996) Provides. The decision shall, however, be followed immediately in spite of the complaint, unless the appeal authority decides otherwise.

ARTICLE 13
Relationship with other legislation

Apart from the provisions of this Act, the guarantee of exceptional circumstances is otherwise in force, in accordance with the law of the State and the State guarantee and the State guarantee (449/1988) Provides for State guarantees.

In addition to what the law on public authorities' activities (18/09/1999) Lays down, where applicable, the insurance company law applicable to the activities referred to in this Law of the Commission for the Protection of Exceptional Conditions Chapter 18 (1062/1979) Articles 6, 6b and 6c.

Notwithstanding the confidentiality or disclosure of information elsewhere in law, the psc shall issue to the State Council, the Ministry of Social Affairs and Health, the Insurance Supervisory Agency and the Maintenance Centre. Within the period prescribed by them, the information necessary to carry out the tasks laid down in this Act or in the laws relating to insurance activities, or to safeguard security of supply.

ARTICLE 14
More detailed provisions

More detailed provisions on the determination of the guarantee fee and handling fee, as well as the management and organisation of the activities of the Commission, may be adopted by a decree of the Council.

§ 15
Entry and transitional provisions

This Act shall enter into force on 1 May 2007.

This law repeals Articles 12b and 40d of the Standby Law of 22 July 1991, as amended by Law 696/2003, and the Decree of the Council of Ministers of 4 December 2003 on the Emergency Insurance Guarantee Commission (998/2003) .

The term of office of the Committee on Insurance, which has been adopted under the Capacity Act, shall be extended to the end of the current term of office, unless the Council of State, before it, is appointed by the Council under this Act.

Before the law enters into force, measures may be taken to implement the law.

THEY 80/2006 , TaVM 30/2006, EV 276/2006

Entry into force and application of amending acts:

29.12.2011/1559:

This Act shall enter into force on 1 March 2012.

THEY 3/2008 , PuVM 3/2010, EV 71/2010, LJL 1/2011, EK 28/2011