The Activities Of Insurance And Reinsurance Intermediaries Law

Original Language Title: Apdrošināšanas un pārapdrošināšanas starpnieku darbības likums

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The Saeima has adopted and the President promulgated the following laws: the activities of insurance and reinsurance intermediaries law chapter I General provisions article 1. (1) the Act is used in the following terms: 1) insurance intermediation insurance and other insurance offer for the conclusion of the contract the preparation of required documents, the provisions of the insurance contract and insurance contract explanation of rights and obligations, other insurance contract is concluded the necessary steps, as well as the conclusion of the said agreement and service;
2) reinsurance reinsurance mediation — supply and other reinsurance agreement for the conclusion of the preparation of the required documents, the provisions of the Treaty and of reinsurance reinsurance contract explaining the rights and obligations of other reinsurance contracts required for the conclusion of the operations, as well as the conclusion of the said agreement and service;
3) insurance intermediaries, insurance broker, insurance agent or insurance agent is linked to that of remuneration deals with insurance mediation in accordance with the procedure laid down in this Act;
4) reinsurance intermediary: insurance broker who for consideration dealing with reinsurance mediation in accordance with the procedure laid down in this Act;
5) insurance broker — the person who deals with the insurance and reinsurance mediation in the name and on behalf of the client, based on a comprehensive analysis of the offer, and have your insure civil liability in accordance with the procedure laid down in this Act;
6) insurance agent: a person who deals with insurance between the vanity just one insurance merchant, a non-member country (not a member) of the insurer within the branch or group insurance and interest on behalf of traders and professional activities for which responsibility is assumed merchant, a member of the insurance not insurers within the branch or group insurance business operators or insure their civil liability in accordance with the procedure laid down in this Act;
7) is attached to the insurance agent: a person who, without receiving insurance premiums and other charges in accordance with the conclusion of the insurance contract, the insurance intermediary dealing with one or more economic operators or insurance the insurer of a Member State and on behalf of the branch when several insurance company or insurer of the Member State of the branch distributed insurance services do not provide the same type of insurance, and the professional activity of which responsibility is assumed merchant or the Member State of insurance of the insurer's branch in respect of insurance services associated with these;
8) between the Member State of insurance nothing — insurance broker registered in the Member State and the home (registration) in the country have the right to engage in insurance intermediation;
9 reinsurance between the Member stuff), a reinsurance intermediary, who registered in a Member State and who headquarters (registration) in the country have the right to engage in reinsurance mediation;
10) responsible person: self-employed person, insurance and reinsurance intermediary is a member of the Executive or any other person who, within the limits of its competence of insurance and reinsurance intermediaries in the management level responsible for insurance and reinsurance mediation;
11) client — the person who has the intention to conclude an insurance or reinsurance contract, or which is involved in: (a) the execution of the insurance contract) as the policyholder, the insured or a beneficiary, (b)) in the implementation of the reinsurance contract as pārapdrošinājum worker;
12) professional insurance and reinsurance intermediary Association — society, which has received financial and capital market Commission's authorization to issue an opinion in the law on insurance and reinsurance intermediation for the conduct of the necessary knowledge and work experience;
the Professional Association of insurers 13) — a Union that has received financial and capital market Commission's authorization to provide opinions in accordance with the procedure laid down in this Act for the conduct of insurance mediation for the required knowledge and work experience;
14) comprehensive analysis of the offer — not the insurance company and an affiliate member of the insurers offer analysis, carried out by insurance broker, considering a sufficiently large number of insurance services market, based on professional criteria, in order to provide the best customer service in the insurance intermediary for the conclusion of insurance contract;
15) a management authority of the Member State, the institution of a Member State has delegated insurance and reinsurance intermediation function of supervision, regardless of whether that institution, legally established or carrying out these functions delegated to it by the national regulatory authority for the institution and, if the rights and obligations of the Member State concerned has notified the European Commission.
(2) other terms used in this Act comply with and under the supervision of insurance undertakings in the law and the law "on insurance contract" used terms.
 2. article. The law says insurance and reinsurance intermediaries governed by the legal status of their operations and monitoring.
 3. article. (1) every person in accordance with the procedure laid down in this Act shall be entitled to engage in the insurance and reinsurance mediation.
(2) insurance and reinsurance intermediaries shall not be entitled to distribute insurance and reinsurance services, the distribution of which is contrary to the insurance company and under the supervision of the law.
(3) insurance and reinsurance intermediaries dealing with insurance and reinsurance abroad, between vanity is bound to comply with foreign laws.
(4) the insurance and the Member insurer trader branch is entitled to engage in insurance intermediation insurance company and under the supervision of the law.
 4. article. (1) insurance and reinsurance intermediary may start after registration of insurance and reinsurance intermediaries in the register or the associated insurance agent register.
(2) insurance brokers and insurance agents registered insurance and reinsurance intermediaries in the register. This registry is maintained by financial and capital market Commission.
(3) the associated insurance agents insurance agent attached to be recorded in the register. This registry is maintained by the merchant or the Member State of insurance of the insurer's affiliates.
(4) insurance brokers and insurance agents registration and regulatory requirements are provided in this law, in chapters II and III.
(5) the insurance agent associated with the registration and regulatory requirements are provided in chapter IV of this law.
 5. article. For insurance and reinsurance intermediaries shall be of the professional activities of insurance and reinsurance mediation and other forms of commercial activities directly associated with the insurance and reinsurance mediation.
 6. article. (1) insurance and reinsurance intermediaries shall have the right to receive insurance and reinsurance premiums or other charges in accordance with the conclusion of an insurance or reinsurance contract, if the insurance merchant, not the Member State of the branch, the insurer or reinsurer of the client is authorized by the insurance and reinsurance intermediary to receive appropriate payment.
(2) the first paragraph of this article does not apply to the rules associated with the insurance agent.
 7. article. (1) this law shall not apply to persons practising insurance mediation if: 1) for insurance mediation requires knowledge only of the provisions of the insurance contract;
2) the insurance contract is not a life assurance contract;
3) in accordance with the contract of insurance shall not apply to civil liability-related risks;
4) deals with the insurance mediation whose core business is insurance mediation;
5) insurance is only in addition to the item delivered or the service rendered, and insurance provides one of the following cases: (a)) the damages incurred, which are associated with the item in the damage or loss, (b)) the damages related to the damage, loss of baggage and other travel services, as well as with life insurance and civil liability insurance if they have additional risk insurance relating to travel services provided;
6) insurance premiums for about a year is not greater than the equivalent of EUR 500, expressed in LCY by Bank of Latvia exchange rate and the total duration of the insurance contract, including the novation shall not exceed five years.

(2) for the insurance and reinsurance mediation shall not be recognised activity carried out by economic operators, Member States, the insurance not the insurers or reinsurers branch employee who handles insurance merchant, not the Member State of the branch of the insurer or reinsurer.
(3) the insurance and reinsurance mediation shall not be considered to: 1) the provision of information as an additional service of another professional activity provided that the purpose of that activity is not to assist the insurance and reinsurance, or the conclusion of the contract;
2), not the insurance merchant Member insurer or reinsurer of the branch of the insurance and reinsurance management professional requirements;
3 evaluation) loss or calculation. 
(II) the Department of insurance and reinsurance intermediaries registration article 8. (1) the financial and capital market Commission records of insurance and reinsurance intermediaries in the register the following persons: 1) recorded in the commercial register of the company;
2) recorded in the commercial register or registered in the State revenue service self-employed person;
3) Member State not insurance and reinsurance Broker Affiliate.
(2) the first subparagraph of article 1 and paragraph 2 of the persons referred to in the registration of insurance and reinsurance intermediaries register gives the right to deal with insurance and reinsurance mediation in other Member States, subject to the Treaty or the freedom to provide services.
 9. article. (1) insurance and reinsurance intermediaries in the register the following particulars: 1) insurance and reinsurance intermediary firm (name and surname), registration number, registered office, telephone (fax) number, and electronic mail address;
2) insurance and reinsurance intermediaries;
3) insurance and reinsurance intermediaries in the responsible person's name and surname;
4) insurance, merchant or the Member State of the branch of the insurer not (whose name and act in the interest of the insurance agent) company, registration number, registered office, telephone (fax) number, and electronic mail address;
5) member (the Member States) in which insurance and reinsurance among Bosh deals with insurance and reinsurance mediation pursuant to treaty or the freedom to provide services.
(2) If any of the changes in the first paragraph above, the insurance and reinsurance broker within five working days of submitting the appropriate notification to the financial and capital market Commission.
(3) the financial and capital market Commission makes changes to insurance and reinsurance intermediaries in the register within three working days following that referred to in the second subparagraph of article information is received.
(4) insurance and reinsurance intermediaries in the register is publicly available, it is public confidence, and any person has the right to look at the financial and capital market Commission's website on the internet.
 10. article. (1) in order to register for insurance and reinsurance intermediaries in the register of insurance and reinsurance intermediaries shall submit financial and capital market Commission: 1) authorized to sign this application, addressed to the Commission listing all documents annexed thereto;
2) details of the responsible person;
3) particulars of insurance and reinsurance mediation;
4) civil liability insurance policy (a copy) or this law, article 13 of the agreement (a copy of) the insurance company, not the Member State of the branch or insurers reinsurers;
5) documents proving this law requirements referred to in article 14;
6) Agreement (a copy of) the credit institution on a separate cash account that States the account funds are insurance and reinsurance intermediary activity of the resulting cash funds in accordance with article 15 of this law;
7) procedure in which insurance and reinsurance intermediary shall ensure that the requirements of article 17 of the law;
8) information system protection;
9) unusual and suspicious financial transactions the identification procedure;
10) procedure for insurance and reinsurance intermediaries look for customer complaints.
(2) the application for insurance and reinsurance intermediaries in the recording of insurance and reinsurance intermediaries registered in the financial and capital market Commission and the appearance of a decision on refusal of entry or to make a record shall be taken within 30 days after receiving the first part of this article are set out in document designed for the requirements of the laws governing the documentation procedures.
(3) the first subparagraph of paragraph 4 of the document referred to in the insurance and reinsurance intermediary is entitled to submit the present article referred to in the second paragraph the financial and capital market Commission decision on the entry of insurance and reinsurance broker registry. Financial and capital market Commission not record insurance and reinsurance broker registry before received the first part of the document referred to in paragraph 4.
 11. article. (1) the financial and capital market Commission takes a decision on refusal of registration of insurance and reinsurance intermediaries in the registry if: 1) not submitted all this law, article 10 of the document referred to in the first subparagraph pursuant to this law, article 10, third paragraph down the exception, or the documents submitted is false or incomplete information;
2) insurance and reinsurance intermediaries submitted procedure not designed in accordance with the law and the requirements of the laws governing documentation, personal data protection and criminal money laundering prevention;
3) insurance and reinsurance intermediaries responsible person does not meet the requirements laid down in this law.
(2) the financial and capital market Commission cancels the entry of insurance and reinsurance intermediaries in the registry if: 1) found any of this article referred to in the first subparagraph;
2) insurance and reinsurance broker longer than a year are not dealt with insurance and reinsurance mediation;
3) insurance and reinsurance intermediary violated the requirements of this law;
4) insurance and reinsurance intermediary violated criminal money laundering prevention laws and regulatory requirements;
5) insurance and reinsurance intermediaries established in a Member State, pursuant to the Treaty, or the principle of freedom to provide services, the Member State violated the public interest laws and other protective laws contained requirements.
(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 has the right to warn of cancellation insurance and reinsurance among Bosh and set a reasonable deadline for the prevention of abuse.
(4) if the financial and capital market Commission issued the administrative act concerning the entry of the cancellation of insurance and reinsurance intermediaries in the register is appealed, it will not stop the execution of this Act.
 (Iii) the Department of insurance and reinsurance intermediaries regulatory requirements of article 12. (1) insurance and reinsurance intermediaries to insure their civil liability that occurs when insurance and reinsurance intermediary professional error or professional negligence caused loss of customers, not the insurance business operators, a member of the reinsured insurer branch or other stakeholders. The insurance contract is in force in the territory of all the Member States.
(2) insurance against civil liability in respect of the minimum limit of the year must not be less than the equivalent of EUR 1 500 000, expressed in LCY after Bank of Latvia exchange rate, but one insurance case, not less than EUR 1 000 000 equivalent expressed in LCY after Bank of Latvia exchange rate.
(3) civil liability insurance contract may provide the insurance and reinsurance intermediaries should 10 000 euro of equivalent amount recalculated in the after Bank of Latvia exchange rate. To include an intensive civil liability insurance contract, the required financial and capital market Commission.
(4) in order to receive the financial and capital market Commission should permit the inclusion in the civil liability insurance, insurance and reinsurance intermediaries shall submit financial and capital market Commission documents confirming security commitments should be run.

(5) the financial and capital market Commission not giving permission to include intensive civil liability insurance contract, if security is not enough insurance and reinsurance intermediary's obligations or should the documents submitted do not give a clear picture of the existence of the said security and legality.
(6) civil liability insurance contract shall include the conditions for an extended period of notification the insured risk joining the case. This period lasts at least three years after the insurance contract expiration.
(7) The liability insurance contract early termination and all amendments to the insurance contract related to the requirements of this law, insurance and reinsurance intermediary within 10 days notify the financial and capital market Commission.
 13. article. The insurance agent does not have the obligation to insure their civil liability in article 12 of this law in accordance with the procedure laid down, if not with the insurance company or an affiliate of the insurer of the Member State entered into an agreement that provides that the insurance or Member State economic branch of the insurer shall assume full responsibility for insurance agent professional error or professional negligence for damage to customers.
 14. article. (1) an insurance broker — legal persons — share capital must not be less than 50 000 equivalent expressed in LCY after Bank of Latvia exchange rate.
(2) the Member State of the branch of the insurance broker referred to in the first subparagraph the amount 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. 
15. article. (1) If insurance and reinsurance intermediary receives the insurance and reinsurance premiums and other charges in accordance with the conclusion of the contract of insurance and reinsurance, insurance and reinsurance intermediaries shall ensure that funds obtained from insurance and reinsurance brokerage, are kept in a separate cash credit account apart from insurance and reinsurance intermediary funds. Insurance and reinsurance intermediaries shall inform in writing the account in a credit institution that funds are derived from insurance and reinsurance brokerage, as well as provide the means, and the resulting requirements and analytical accounts by economic operators, Member States, the insurance not insurers, reinsurers and branches to policyholders.
(2) the first paragraph of this article account funds in insurance and reinsurance intermediary's insolvency are not included in the insurance and reinsurance among Bosh assets that will cover the insolvency or winding-up expenditure and satisfied the claims of creditors. They started after the insolvency proceedings are immediately paid out the insurance business operators without Member State insurers, reinsurers and branches of other creditors in accordance with the insurance and reinsurance contracts.
(3) in the first subparagraph, these funds may invest in term credit institutions, but this term deposit agreement period may not exceed 30 days.
 16. article. Financial and capital market Commission shall require insurance and reinsurance intermediaries shall submit reports on its activities, the reporting format, content and submission deadline.
 Article 17. (1) an insurance broker, insurance broker responsible person of the legal person and staff directly involved in the insurance and reinsurance mediation can be incapacitated individual who: 1) reached twenty-one years of age;
2) acquired the relevant higher education;
3) can the national language;
4) obtained the insurance and reinsurance mediation requires and professional insurance and reinsurance intermediary association recognized knowledge;
5) acquired the professional insurance and reinsurance intermediary associations recognized in at least three years of work experience;
6) is a person of impeccable reputation and which is not covered by any of the conditions referred to in the fourth paragraph.
(2) an insurance agent, insurance agent, responsible person of the legal person and staff directly involved in insurance mediation can be incapacitated individual who: 1) reached eighteen years of age;
2) acquired secondary education;
3) can the national language;
4) acquired the insurance mediation requires the Professional Association of insurers and recognized expertise;
5) acquired the Professional Association of insurers of recognized at least one year work experience;
6) is a person of impeccable reputation and which is not covered by any of the conditions referred to in the fourth paragraph.
(3) the second paragraph of this article 5 requirement laid down in paragraph does not extend to the insurance agent, employee of the legal person directly involved in the mediation of insurance.
(4) insurance and reinsurance intermediaries and of the persons responsible of staff directly involved in the insurance and reinsurance mediation shall not be a person: 1) is convicted of an intentional criminal offence;
2) is convicted of an intentional criminal offence, although released on parole due to the Statute of limitations, pardon or amnesty;
3) against which the proposed criminal case about intentional criminal offence is terminated due to a statute of limitations or amnesty;
4) which called the criminally liable for intentional criminal offence, but the criminal proceedings against them terminated on a reabilitējoš basis.
 18. article. Insurance and reinsurance intermediary: a legal person — are bound to the same or at the financial and capital market Commission to immediately withdraw from the post over the insurance and the insurance intermediary responsible person or employee who is directly engaged in the insurance and reinsurance between the vanity, if it is found that he has created a situation which could endanger the insurance and reinsurance intermediary clients ' interests, as well as does not meet the requirements laid down in this law.
 19. article. Insurance broker made only insurance and reinsurance intermediary's professional activities.
 Chapter IV the insurance agent is attached to article 20. (1) On the associated insurance agent, insurance agent linked to the responsible person and the employee who is directly involved in insurance between the vanity can be incapacitated individual who: 1) reached eighteen years of age;
2) acquired secondary education;
3) can the national language;
4) acquired the associated insurance agent requires knowledge of the distributable insurance services;
5) is a person of impeccable reputation and not subject to none of this referred to in the second subparagraph of article.
(2) On the associated insurance agent responsible person and staff directly involved in insurance between the vanity, can not be a person: 1) is convicted of an intentional criminal offence;
2) is convicted of an intentional criminal offence, although released on parole due to the Statute of limitations, pardon or amnesty;
3) against which the proposed criminal case about intentional criminal offence is terminated due to a statute of limitations or amnesty;
4) which called the criminally liable for intentional criminal offence, but the criminal proceedings against them terminated on a reabilitējoš basis.
(3) the insurance and the Member insurer merchant's affiliates linked to insurance agents and insurance intermediation of employees directly involved in training to give them the necessary knowledge of the insurance service, which is distributed under the insurance mediation.
(4) the insurance and the Member insurer authorized economic operator the affiliate is responsible for the associated insurance agents and insurance employees directly involved in mediation with this article in the first and second part of the criteria.
 21. article. (1) the merchant and member of insurance insurer branch maintains the associated insurance agent log, which records the following information: 1) tied insurance agent company (name and surname), registration number, registered office, telephone (fax) number, and electronic mail address;
2) attached to the insurance agent's responsibility, and the name of the person;
3) by the Member State in which an insurance agent linked to deals with the insurance mediation pursuant to treaty or the freedom to provide services.

(2) the associated insurance agents register is publicly available, it is public confidence, and any person has the right to become acquainted with the insurance, the insurer is not a member, merchant or affiliate website on the internet.
(3) the insurance and the Member insurer authorized economic operator the affiliate is responsible for the associated insurance agents register recorded messages for accuracy and completeness.
(4) the operator and the Member State of insurance of the insurer's branch does not have the obligation or financial and capital market Commission to immediately cancel the associated insurance agent, if it is established that the agent dealing with mediation, not subject to this law.
(5) the attached insurance agent — — the legal entity is obliged to do after financial and capital market Commission to immediately withdraw from the post of insurance agent linked to the responsible person or employee who is directly engaged in the insurance intermediary, if it is found that he has created a situation which could endanger the insurance agent linked to the interests of the customer, as well as does not meet the requirements laid down in this law. 
Chapter v insurance and reinsurance broker and client relations article 22. Insurance and reinsurance intermediaries and client relationship established regulations governing transactions and agreements.
 23. article. (1) insurance and reinsurance intermediaries are obligated to act as a good and thorough master and ensure that insurance and reinsurance mediation shall be provided with appropriate professionalism and diligence.
(2) insurance and reinsurance intermediaries must not offer insurance and reinsurance agreement containing provisions which are contrary to the first paragraph of this article.
(3) insurance and reinsurance intermediaries action compensation for damages incurred due to the General in the order laid down by the law for damages.
 24. article. (1) before conclusion of the contract of insurance, also before the amendment of the insurance intermediary is obliged to provide the customer with at least the following information about its activities: 1) an insurance intermediary firm (name and surname), registration number, registered office, telephone (fax) number, and electronic mail address. Physical person acting insurance between little on behalf of the legal person, in addition to indicate your name and last name;
2) register insurance between the cake included, and a way to make sure of its registration;
3) or the insurance broker is a merchant or member of insurance insurer, who created an affiliate member of the insurer in the Republic of Latvia and the insurance services provides insurance intermediaries to distribute, directly or indirectly, for participation, which covers 10 and more percent of the merchant or the Member State of insurance of the insurer's affiliates not parent company voting shares or share capital;
4) or the operator, its insurance parent company or insurer of the Member State which created an affiliate member of the insurer in the Republic of Latvia, is an insurance intermediary, directly or indirectly, for participation, which covers 10 and more percent of the voting shares of insurance intermediaries or equity;
5) procedure for out-of-court settlement of pending complaints and disputes between insurance intermediaries and customers.
(2) in addition to the first part of this article, the information set out in the insurance intermediary is obliged to inform the customer that: 1) an insurance intermediary has given advice or prepare a tender based on a comprehensive analysis of the offer;
2 the insurance broker) contractual obligations to deal with the insurance mediation only for one or more of the specific insurance company or insurer of the Member State of the branch. In this case, the insurance intermediary shall at the request of the customer specifies the insurance company and a member firm of branches of insurers and the legal address;
3) insurance intermediaries there are no contractual obligations to deal with the insurance mediation only one or several specific operators or insurance of the insurer of the Member State in the interests of the branch and insurance among Bosh has not given advice or prepare a tender based on a comprehensive analysis of the offer. In this case, the insurance intermediary shall at the request of the customer, their insurance company or insurer of the affiliate member companies and registered office, where it engaged the interest of or is entitled to engage in insurance intermediation.
(3) an insurance intermediary shall, at the customer's request shall without delay notify the insurance intermediary's remuneration the amount of specific insurance contract proposed.
(4) If the second or the third part defines, the information is provided in mi only upon the customer's request, the insurance between trainee is obliged to inform the client that it has the right to request such information.
 25. article. Before an insurance contract is concluded the insurance between, on the basis of the information provided by the customer, identify client requirements and needs, as well as the underlying reasons for any advice given to the customer for the insurance service. This information is an insurance intermediary shall prepare according to the complexity of the proposed insurance contract.
 26. article. (1) an insurance broker is obliged to provide the client the law referred to in article 24:1) Latvian language or in another language, for any agreed upon the parties;
2) in writing or by any other durable medium, which customers can use and that it is available;
3) clearly and accurately, in an understandable way.
(2) on a durable medium considered any feature that enables the customer to store information addressed to him in a way accessible for future use and the stored information does not change the play. On permanent media don't count websites on the internet, if they fulfil the criteria laid down in the first sentence of this paragraph.
(3) of this Act, the information referred to in article 24 may be given also orally at the customer's request, or where the insurance contract should be concluded without delay. In these cases the information in accordance with the first paragraph of this article, the customer shall immediately after the conclusion of the insurance contract.
 27. article. The insurance broker is not obliged to execute the 24 and 25 of this law the requirements referred to in article if it provides insurance through high risk insurance.
 28. article. Under the insurance contract of the insurance premium payment, which the customer makes an insurance broker, in any case, be considered as insurance for traders or not a Member State of the branch of the insurer payment, but the payment of which a trader or not member of insurance insurers branch out insurance intermediary, is not considered to be payment to the customer until the customer actually receives the funds.
 29. article. (1) insurance and reinsurance intermediaries must ensure effective customer complaints procedure. Written information about the complaints procedure should be freely available to insurance and reinsurance mediation and the provision of insurance and reinsurance intermediary's website on the internet, if any.
(2) insurance and reinsurance broker is obliged to provide a written response to the complaint of the customer within one month from the date of submission of the complaint.
(3) If objective reasons one month deadline cannot be met, the insurance and reinsurance between the can it be extended for a period of not more than four months from the date of submission of the complaint. Insurance and reinsurance intermediaries shall send to the customer a written reasoned statement for extension.
 30. article. (1) insurance and reinsurance intermediaries at the customer's request presents it with all documents related to the insurance and reinsurance mediation. The customer has the right to receive insurance and reinsurance intermediary copies of file documents for payment, not exceeding the costs of reproduction. Insurance and reinsurance among Bosh does not present the client and does not issue the insurance and reinsurance mediation Affairs a copy of a document, if the file passed to the law enforcement authorities in criminal proceedings.
(2) insurance and reinsurance intermediaries following the presentation of documents relating to insurance and reinsurance mediation shall have the right to require the customer to sign a written declaration, which contains documents, with which it is familiar. If the customer refuses to sign the receipt for this part, signed by insurance and reinsurance intermediary, the special marks indicating that the customer refused to sign the receipt.

 31. article. (1) the financial and capital market Commission, provide opinions on complaints for customers of this law and other legislation, if it is related to insurance and reinsurance mediation.
(2) customers that are to be considered as consumers, consumer protection law, are entitled to submit consumer complaints about the center of this Act and other consumer protection legislation, where it connected with the insurance mediation. 
Chapter VI the occupation with the insurance and reinsurance mediation in the Member States in article 32. (1) insurance and reinsurance intermediaries who wishes to establish a branch in another Member State, of its intention in writing financial and capital market Commission.
(2) insurance and reinsurance intermediaries in the notice of the opening of the Branch includes the following information: 1), the Member State in which the insurance or reinsurance intermediary wishes to establish a branch;
2 description of service);
3) insurance and reinsurance intermediaries in the Member State of the branch address (address to be used for sending and receiving information);
4) news on insurance and reinsurance intermediary Branch Manager;
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 is attached to) firm, registration number, registered office, telephone (fax) number, and electronic mail address.
(3) insurance and reinsurance intermediaries in the branch manager can be incapacitated individual who: 1) reached twenty-one years of age;
2) acquired the higher education;
3) obtained the insurance and reinsurance mediation requires knowledge;
4) acquired the necessary experience in the financial and capital markets;
5) is a person of impeccable reputation and which is not covered by any of this law, article 17 of the conditions referred to in the fourth paragraph.
(4) the financial and capital market Commission after this 30-day period referred to in the second paragraph of article receipt of their appearance and shall inform the management authority of the Member State of the branch of the insurance and reinsurance intermediary intends to open a branch office and at the same time inform the insurance and reinsurance intermediaries for the transmission of information management authority of the Member State of the branch. Financial and capital market Commission submitted information it management authority of the Member State of the branch, which has informed the European Commission that it does not wish to receive information about other Member States ' insurance and reinsurance intermediary intends to open a branch in its territory.
(5) the financial and capital market Commission does not submit to the management authority of the Member State of the branch of the fourth paragraph of this article, that information, if insurance and reinsurance intermediary's financial situation is not stable, the Branch Manager does not meet the criteria referred to in the third subparagraph or insurance and reinsurance among Bosh violated this law. If the financial and capital market Commission decides not to submit information to the management authority of the Member State of the branch, within 30 days after this article referred to in the second paragraph of the receipt of the notification sent to the insurance and reinsurance intermediary decisions. The decision shall specify the reasons for the refusal.
(6) insurance and reinsurance intermediary may open a branch in another Member State within 30 days after it has received the financial and capital market Commission's announcement that it has no objection to the opening of the branch.
 33. article. Another Member State, insurance and reinsurance intermediary may open a branch in the Republic of Latvia, 30 days after it is received by the management authority of their Member State, the information that it has no objection to the opening of a branch in the Republic of Latvia and the management authority of the Member State notification by the financial and capital market Commission.
 34. article. (1) insurance and reinsurance intermediaries who wants, respecting the principle of freedom to provide services, to deal with the insurance and reinsurance mediation in other Member States of its intention in writing notify the financial and capital market Commission, providing information on the Member State in which it wishes to deal with the insurance and reinsurance mediation. Insurance agents and insurance agent linked to indicates whether or not the Member State of insurance of the insurer's affiliates (and on behalf of which intend to Act) firm, registration number, registered office, telephone (fax) number, and electronic mail address.
(2) the financial and capital market Commission within 30 days after the first paragraph of this article it looks the notification and shall inform the management authority of the Member State of insurance and reinsurance intermediary's intention to deal with the insurance and reinsurance mediation in that Member State, pursuant to the principle of freedom to provide services, and at the same time inform the insurance and reinsurance intermediaries for the transmission of information the supervisory authority of the Member State concerned. Financial and capital market Commission submitted information it management authority of the Member State which has informed the European Commission that it does not wish to receive information about other Member States ' insurance and reinsurance intermediary intends to deal with the insurance and reinsurance mediation in its territory.
(3) the financial and capital market Commission submitted a national supervisory authority in the second part, where the information referred to in the financial and capital market Commission is not satisfied with the insurance and reinsurance intermediaries in the financial position of insurance and reinsurance intermediaries or violated the law. If the financial and capital market Commission decides not to submit information to the management authority of the Member State, it shall, within 30 days after the first paragraph of this article in the notification sent to the insurance and reinsurance intermediary decisions. The decision shall specify the reasons for the refusal.
(4) insurance and reinsurance intermediaries may begin to deal with the insurance and reinsurance mediation in another Member State, subject to the principle of freedom to provide services, 30 days after it has received the financial and capital market Commission's announcement that it has no objection to the insurance and reinsurance intermediary activity, subject to the principle of freedom to provide services.
 35. article. To another Member State of the insurance and reinsurance intermediary may start to deal with the insurance and reinsurance mediation in the Republic of Latvia pursuant to the principle of freedom to provide services, must be approved by a management authority of their Member State's notification that it has no objection to it. Receipt of the notification of the other Member State of the insurance and reinsurance intermediary may start to deal with the insurance and reinsurance mediation in the Republic of Latvia pursuant to the principle of freedom to provide services.
 36. article. Financial and capital market Commission ensure that its website on the internet be inserted information about public interest in protective laws contained requirements that must be followed when dealing with insurance and reinsurance mediation in the Republic of Latvia.
Chapter VII to insurance and reinsurance mediation surveillance article 37. Insurance and reinsurance mediation monitoring financial and capital market Commission.
 38. article. Financial and capital market Commission monitor the Member States created in the Republic of Latvia registered insurance and reinsurance intermediaries in the branches, as well as insurance and reinsurance between the vanity, the Republic of Latvia registered insurance and reinsurance among Bosh carried out in other Member States, subject to the principle of freedom to provide services. Monitoring financial and capital market Commission shall cooperate and consult with the other Member States ' supervisory authorities.
 39. article. (1) if the financial and capital market Commission finds that another Member State of insurance and reinsurance intermediaries in the branch or insurance and reinsurance broker that deals with insurance and reinsurance mediation in the Republic of Latvia pursuant to the principle of freedom to provide services, an activity which is contrary to the Republic of Latvia on insurance and reinsurance intermediation regulatory laws, it shall immediately request that the Member State of insurance and reinsurance intermediaries shall cease such activities.

(2) if the other Member State of insurance and reinsurance intermediaries in the branch or insurance and reinsurance among Bosh, dealing with the insurance and reinsurance mediation in the Republic of Latvia pursuant to the principle of freedom to provide services does not cease actions that are contrary to the Republic of Latvia, the insurance and reinsurance mediation laws regulating, financial and capital market Commission shall immediately inform the Member State concerned, and reinsurance intermediary of insurance supervisory authority.
(3) If other Member insurance and reinsurance intermediary branch or insurance and reinsurance among Bosh, dealing with the insurance and reinsurance mediation in the Republic of Latvia pursuant to the principle of freedom to provide services, continue to do things that are in conflict with the Republic of Latvia, the insurance and reinsurance mediation laws regulating, financial and capital market Commission shall inform the Member State concerned, of insurance and reinsurance intermediaries and of the management authority shall take measures to prevent such infringements.
(4) if the financial and capital market Commission finds that another Member State of insurance and reinsurance intermediaries in the branch or insurance and reinsurance broker that deals with insurance and reinsurance mediation in the Republic of Latvia pursuant to the principle of freedom to provide services, an activity which is contrary to the public interest for the Republic of Latvia to the protective laws, financial and capital market Commission shall inform the Member State concerned, of insurance and reinsurance intermediaries and of the Member State of insurance and reinsurance intermediaries and of the management authority shall immediately take the measures to prevent such infringements.
 40. article. Financial and capital market Commission shall inform the management authority of the Member State of entry of the cancellation of insurance and reinsurance intermediaries in the register, which it imposed in the Republic of Latvia registered insurance and reinsurance intermediaries who deal with the insurance and reinsurance mediation in the territory of the Member State concerned.
 Article 41. (1) the financial and capital market Commission is entitled within the limits of its competence to require insurance and reinsurance broker shortcomings noted violations of this law and shall take the necessary measures to prevent such violations.
(2) the financial and capital market Commission has the right to claim from insurance and reinsurance intermediaries in the information and documents on their operations and, if necessary, to carry out an inspection.
(3) insurance and reinsurance intermediaries shall submit the requested information in the financial and capital market Commission of the time limits laid down. Submission may not be refused, citing commercial confidentiality.
 Article 42. (1) the financial and capital market Commission authorized Professional insurance and reinsurance intermediaries Association and the Professional Association of insurers to give opinions on insurance and reinsurance intermediaries and of the persons responsible for the insurance and reinsurance mediation employees directly involved in the knowledge and work experience.
(2) the first paragraph of this article permits, professional insurance and reinsurance intermediary Association shall submit financial and capital market Commission: 1) the application referred to in the first paragraph of the authorisation;
2 insurance broker, insurance) of the responsible person and the insurance and reinsurance mediation employees directly involved in the training programme and its execution;
3) professional insurance and reinsurance intermediaries in the insurance brokers Association of professional code of ethics.
(3) to get this article permits referred to in the first subparagraph, the Professional Association of insurers shall submit financial and capital market Commission: 1) the application referred to in the first paragraph of the authorisation;
2) insurance agent, insurance agent and the responsible person directly involved in insurance mediation training program and its Executive security;
3 the Professional Association of insurers) developed the insurance agent of the professional code of ethics.
(4) the application of the first paragraph of this article in the issue of the financial and capital market Commission and the decision on the authorisation or refusal be taken within 30 days after receiving all of the second and third subparagraphs set out in document designed for the requirements of the laws governing the documentation procedures.
Transitional provisions 1. With the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued on 11 January 2005, the provisions of no. 21 "the activities of insurance and reinsurance intermediaries" (Latvian journal, 2005, nr. 7).
2. the insurance brokerage firm of its operation according to the requirements of this law translates to 1 May 2005.
3. Insurance agents and insurance agencies in its activities in accordance with the requirements of this law translates to 1 May 2005. By that date the insurance company shall inform the financial and capital market Commission on insurance and reinsurance intermediaries to be included in the register of insurance agents.
4. Legal entities, which have concluded agreements on the distribution of insurance policies through its structure, and the distribution of insurance policies is not the main way, as well as legal persons, which distributes insurance, through the press, mail and similar services until May 1, 2005, to modify its activities in accordance with the requirements of the law.
5. Persons who before the entry into force of the law in accordance with the insurance company and under the supervision of the law article 82 the first part received the financial and capital market Commission issued the certificate of insurance broker shall have the right to engage in insurance and reinsurance intermediation insurance broker, insurance agent, insurance broker or insurance agent or person in charge of insurance and reinsurance mediation directly involved in employee status and 17 of this law should not be covered by the first paragraph of article 1. 2, 4, and 5, and article 17, second paragraph, (4) and (5) the requirements referred to in.
 Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 9 December 2002 Directive 2002/92/EC on insurance mediation.
The Saeima adopted the law on 17 March 2005.
The President of the Parliament instead of the President i. Otter Riga 2005 April 1 editorial comment: the law shall enter into force on 15 April 2005.

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