Amendments To The Activities Of Insurance And Reinsurance Intermediaries Law

Original Language Title: Grozījumi Apdrošināšanas un pārapdrošināšanas starpnieku darbības likumā

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The Saeima has adopted and the President promulgated the following laws: the activities of insurance and reinsurance intermediaries law to make the activities of insurance and reinsurance intermediaries law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 8; 2007, nr. 24; 2009, no. 17; Latvian journal, 13, nr. 192.) the following amendments: 1. in article 1, first paragraph: replace paragraphs 1 and 2, the words "activities or that a contract or service" with the words "activities or that the conclusion of the contract, or service"; Add to article 18 as follows: "the Member State not 18) insurance and reinsurance intermediaries branch — created in the Republic of Latvia and the Member State registered insurance and reinsurance intermediaries branch." 2. in article 3: a supplement to article 1.1 part as follows: "(11) the Member State of insurance and reinsurance intermediaries in the Branch Office can deal with the insurance and reinsurance mediation in the Republic of Latvia pursuant to this law, insurance and reinsurance intermediary, where the law provides otherwise. '; express the sixth part as follows: "(6) an insurance agent and the associated insurance agent – legal person — and a staff that is directly involved in insurance mediation, are not entitled to discharge the members of the Board, and insurance intermediation of employees directly involved in duties at the same time on more than one insurance broker and meet with the insurance mediation duties related to other economic operators in the insurance and other Member State of the branch of the insurer not."; Add to article 6.1 of the part as follows: "(61) insurance brokers — legal persons — person responsible, Member of the Board and staff that is directly involved in the insurance and reinsurance mediation shall not be entitled to meet with the insurance mediation duties related to insurance and not a member insurer's branch."; to supplement the article with the eleventh subparagraph by the following: "(11) insurance and reinsurance intermediaries and of the Member State of insurance and reinsurance intermediaries shall not be disclosed to insurance and reinsurance mediation in the course of the information obtained about the customer and the third party, except for the information to another person, which require insurance and reinsurance mediation services, as well as in the Act and in other cases provided for by law. Insurance and reinsurance intermediaries and of the Member State of insurance and reinsurance intermediaries in the information about the customer and third parties may refer to other insurance and reinsurance intermediary, the Member State of insurance and reinsurance intermediaries or insurance operators and is not a Member State of the branch of the insurer on the basis of the Treaty. If the information about the customer and third parties, are disclosed in the cases provided for by law, insurance and reinsurance intermediary and the Member State of insurance and reinsurance intermediaries shall not be liable for the consequences of disclosure of information. " 3. Supplement article 9 the first paragraph of paragraph 6 by the following: ' 6) or insurance and reinsurance intermediary has the right to insurance and reinsurance premiums and other charges in accordance with the conclusion of the contract of insurance and reinsurance. " 4. in article 10, first paragraph: Add to the introductory paragraph, after the words "insurance and reinsurance intermediary" with the words "whether or not the insurance merchant, a member of the branch of the insurer, insurance agent location"; Add to paragraph 3 with the words "indicating the company and registration number or operating agent registration code, the place of business address, telephone (fax) number, and electronic mail address; Add to paragraph 6, the words "and procedures will ensure customers received funds from deposit in a separate account in a credit institution money. The requirements of this paragraph apply to insurance and reinsurance intermediaries who intend to receive bonuses or other payments in accordance with the conclusion of the insurance and reinsurance contract "; make the following paragraph 11: "11) insurance and reinsurance intermediaries — legal persons — organisational structure with clearly specify the person responsible for the management and the powers and responsibilities of the Division of insurance and reinsurance mediation and the procedures are provided in the insurance broker's Assistant operations management and supervision;". 5. in article 11: to supplement the first part of paragraph 4 by the following: "4) insurance and reinsurance intermediaries has not paid this law, article 37 of the second subparagraph of paragraph 1 the registration fee specified."; replace the second paragraph, the introductory paragraph, the word "withdraw" with the words "entitled to cancel"; Add to the second part of paragraph 3 with the words "as well as on the basis of this Act or the regulations issued by an institution of the European Union issued directly applicable legislation in the insurance and reinsurance mediation"; to complement the second part of paragraph 6, the words "a trader or a member insurer or affiliate please withdraw the entry of insurance and reinsurance intermediaries in the register of insurance agent acting on its behalf and in the interest of"; make the third paragraph as follows: "(3) the examination of infringements, which allows you to cancel the entry of insurance and reinsurance intermediaries in the register, the Financial and capital market Commission prior to the entry of the cancellation is entitled to exercise one or more of the following operations: 1) warn of insurance and reinsurance intermediaries and to set reasonable time limits irregularities; 2) to determine the reasonable limits of insurance and reinsurance intermediaries in the transaction. " 6. in article 12: Supplement to article 1.1 part as follows: "(11) insurance and reinsurance intermediaries shall be entitled to choose another in the first paragraph, the third party liability insurance issued by a credit institution comparable guarantee against liability arising from damages due to professional errors or professional negligence. On credit guarantee issued refer this article referred to in the second subparagraph. "; replace the second paragraph, the number "1 680 300" with the number "1 875 927" and the number ", with the number" 1 120 200 "1 250 618"; Express 2.1 part as follows: "(21) in the second part the civil liability of the credit institution guarantees issued and the minimum limit per year and one case of insurance is revised every five years, starting in 2013. The minimum limit on insurance against civil liability in respect of the year and one insurance event are indexed on the size, which, according to the statistics office Eurostat information comply with the consumer price index changes the percentages that have occurred during the period from the last review date to the current date of review, rounded up to the nearest whole euro. "; Add to article 4.1 part as follows: "(41) the financial and capital market Commission determines the requirements for insurance and reinsurance intermediaries should the collateral obligations fulfilled."; off the seventh paragraph, the words "and any amendments to the insurance contract related to the requirements of this law". 7. Make the second paragraph of article 12.1, as follows: "(2) If no Member State of the branch of the insurance broker wants to deal with the insurance and reinsurance mediation in the Republic of Latvia, the first paragraph of this article the amount of money deposited as security for the credit institutions established in the Republic of Latvia. The deposit must be freely available, it may not be difficult, and moving it is possible only with the financial and capital market Commission authorisation. "; to supplement the article with the third part as follows: "(3) If a Member State which has acceded to the Organisation for economic cooperation and development, a subsidiary of insurance broker wants to deal with the insurance and reinsurance mediation in the Republic of Latvia, it is not less than 25 percent of the first paragraph of this article the amount of money deposited as security for the credit institutions established in the Republic of Latvia. The deposit must be freely available, it may not be difficult, and moving it is possible only with the financial and capital market Commission's permission. " 8. Supplement article 15 with 1.1 part as follows: "(11) insurance and reinsurance intermediary credit institution open separate cash account held customer funds shall only be used in article 28 of this law down payment, as well as the fee for the separate account money received in insurance and reinsurance premiums." 9. Supplement article 19 with the words "financial instruments market law". 10. in article 19.1: replace the number and the word "15 may" with the words "the fifth calendar on the fifteenth of the month"; to supplement the article with the second part as follows: "(2) Insurance broker, who is obliged to submit a consolidated report, ensure that the consolidated financial statements subsequent to its approval would be made public not later than a year following the eighth calendar year on the fifteenth of the month. Insurance broker consolidated annual report can be made public their homepage or releasing information through the internet to choose a suitable medium or location. "; believe the current text of the first part of the article. 11. Add to article 21, the first part of paragraph 4 by the following: "4) the insurance services to be provided under the supervision of insurance companies and the laws regulating specific kinds of insurance." 12. Article 29: adding to the first part of the first sentence with the words "which sets out the complaints procedure provided in the complaint, the specified fact checking and possible prevention of conflicts of interest in handling complaints. Complaint handling procedure approved by the insurance and reinsurance intermediaries Executive. "; Add to the second paragraph after the word "provide" with the word "reasonable"; adding to the third paragraph with the words "giving expiry date"; to supplement the article with the fourth and fifth by the following: "(4) If an insurance intermediary receives complaints about other players, but is not entitled to deal with it, the insurance intermediary shall within five working days from the date of receipt of the complaint, forwarding it to the operator concerned and shall inform the client. (5) the financial and capital market Commission on insurance intermediaries received complaints and analysis procedures and arrangements for an exchange of information on complaints received, as well as the complaints received and the response provided by the registry requirements. "sorting 13. the title of Chapter VI to be supplemented by the words ' Member States through "with the words" and non-Member States ". 14. To supplement the law with 21.8 and 21.9 article as follows: "article 35.1. No Member State of insurance and reinsurance intermediaries in the affiliate is eligible to provide services in the Member States, subject to the principle of freedom to provide services. Article 35.2. (1) insurance and reinsurance intermediaries who wants to open a branch in the Member State, not about your intentions in writing financial and capital market Commission. (2) insurance and reinsurance intermediaries, to open a branch in the Member State, not financial and capital market shall communicate to the Commission: 1) not the Member State in which the insurance or reinsurance intermediary wishes to establish a branch; 2 a description of the services provided); 3) insurance and reinsurance intermediaries is not a Member State of the branch address (address to be used for sending and receiving information); 4) for information on insurance and reinsurance intermediary Branch Manager to make sure that it complies with article 32 of this law, third paragraph; 5) insurance, merchant or the Member State of the branch of the insurer not (in the name and on behalf of which want to operate an insurance agent or insurance agent attached) company, registration number, registered office, telephone (fax) number, and electronic mail address. (3) the financial and capital market Commission within 30 days after all necessary in the second part of receipt of the information referred to in their appearance. (4) the financial and capital market Commission shall take a decision on the refusal to open a branch in the Member State, if not: 1) insurance and reinsurance intermediaries in the financial situation is not stable; 2) Branch Manager does not comply with this law, the third paragraph of article 32; 3) insurance and reinsurance intermediaries violated the requirements of this law. (5) insurance and reinsurance intermediaries who received the financial and capital market Commission's permission to open a branch in the Member State, not to immediately inform the financial and capital market Commission of any subsequent changes in the second part of this article in the information provided. " 15. Article 37: Add to the article with the second, third, fourth, fifth, sixth, seventh and eighth by the following: "(2) insurance and reinsurance intermediaries and of the Member State of insurance and reinsurance intermediaries in charge of branch financial and capital market Commission: 1) on the registration of insurance and reinsurance intermediaries in the examination of the documents submitted to the registry — 250 eur; 2) on registration submitted to this law, article 10, first paragraph, 6, 7, 8, 9, 10 and 11 the procedure mentioned in paragraph examination of the amendments, 40 euro. (3) in another Member State of insurance and reinsurance intermediaries in the branch before the start of operations in the Republic of Latvia pay the financial and capital market Commission for funding its activities 250 euro. (4) an insurance broker, insurance broker of another Member State and the Member State of the branch of the insurance broker's branch of the financial and capital market Commission for financing cost up to 0.7 percent (inclusive) of the quarter Commission, but received no less than 150 euro per year and a maximum of 1000 Euro per year. (5) the financial and capital market Commission issued rules and regulations for the fourth paragraph of this article, the payment referred to in the calculation, payment and reporting procedure. (6) in the fourth paragraph of this article, such payment to be effected once every quarter to quarter, following the 30th day of the month. (7) For the fourth paragraph of this article, payment of arrears referred to in the transfer or transfers do not fully calculate the delay for each delayed day 0.05% of the unpaid amount. (8) payments referred to in this article, including the financial and capital market Commission of Latvia, Bank account. "; believe the current text of the first part of the article. 16. Supplement article 37.1 of the law with the following: "article 37.1. Financial and capital market Commission is entitled to request a review of the monitoring needs of the insurance and reinsurance intermediaries, not the Member State of insurance and reinsurance intermediaries and of another Member State, the branch of insurance and reinsurance intermediaries in the branches of their operations, setting this reporting format, content and submission deadline. " 17. Replace article 41, first paragraph, the words "prevent any violations of this law and shall take the necessary measures to prevent such violations" with the words "shall take the necessary measures to prevent any of this law, on the basis of this law, the laws issued by the Crime of money laundering and terrorist financing Prevention Act or the institutions of the European Union issued directly applicable legislation in the insurance and reinsurance mediation". 18. Article 45: to supplement the first part after the number and the words "article 12" with the words "third and"; replace the first and second paragraph, the words "financial and capital market Commission imposed" with the words "financial and capital market Commission is entitled to impose". 19. transitional provisions be supplemented by 14, 15, 16, 17, 18 and 19 of the following paragraph: "14. to ensure that the law is complied with article 12 of part two of the requirements on the minimum limit of liability of not less than eur 1 875 927 a year, but for one insurance event — not less than eur 1 250 618, insurance and reinsurance intermediary within one month of the date of its entry into force shall submit financial and capital market Commission a civil liability insurance contract , as amended, or the credit institution issued guarantees. 15. Article 37 of this law in the fourth part payments laid down in the financial and capital market Commission for the financing of insurance broker, insurance broker of another Member State and the Member State of the branch of the insurance broker's branch for the period beginning with January 1, 2016. 16. Article 9 of this law, the first subparagraph of paragraph 6 the information specified in the insurance and reinsurance intermediary or an insurance businessman on insurance intermediaries shall submit financial and capital market Commission until 2015 to 31 December. 17. Article 10 of this law, the first paragraph of paragraph 6 and the procedure laid down in article 10, first paragraph, point 11 of the organisational structure laid down in the insurance and reinsurance intermediaries shall submit financial and capital market Commission until 2015 to 31 December. 18. insurance and insurer member merchant branch of this law article 21, paragraph 4 of the first paragraph the requirements for recording messages associated with an insurance agent in respect of the register provides up to 2015 December 31. 19. Insurance and reinsurance intermediaries provides a complaints procedure according to article 29 of this law the requirements and submit the necessary amendments to the procedures of the financial and capital market Commission until 2015 to 31 December. Insurance and reinsurance broker pays the financial and capital market Commission fees for complaint handling procedures for the handling of this law, the amendment to article 37 of the second subparagraph of paragraph 2, if specified in the amendment are submitted after December 31, 2015. " The law in the Parliament adopted 18 June 2015. The President a. Smith in 2015 on July 2.


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