The Activities Of Insurance And Reinsurance Intermediaries In Provisions

Original Language Title: Apdrošināšanas un pārapdrošināšanas starpnieku darbības noteikumi

Read the untranslated law here: https://www.vestnesis.lv/ta/id/99380

 
Cabinet of Ministers Regulations No. 21 in Riga on 11 January 2005 (pr. 3. § 35) insurance and reinsurance intermediaries operating rules issued in the Republic of Latvia article 81 of the Constitution order chapter I General matters article 1. (1) the following terms are used: 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 these provisions;
4) reinsurance intermediary: insurance broker who for consideration dealing with reinsurance mediation in accordance with the procedure laid down in these provisions;
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 these provisions;
6) insurance agent – a person who deals with the insurance mediation only one insurance merchant, a State that is not a Member State (hereinafter third country), the insurer's affiliates or insurance forming part of a group of traders in the name and on behalf and for which professional responsibility is assumed insurance merchant, the insurer of a third country within the branch or group insurance business operators or insure their civil liability in accordance with the procedure laid down in these provisions;
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 insurance company or insurer of a third country and on behalf of branches, if more insurance company or insurer of third country branches distributed insurance services do not provide the same insurance, and whose professional responsibility is committed insurance the merchant or third-country insurers branch concerning insurance services associated with these;
8) Member State insurance broker-insurance broker registered in a Member State and who headquarters (registration) in the country have the right to engage in insurance intermediation;
9) — State reinsurance intermediary reinsurance intermediary, 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 body or other person 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 provide opinions in accordance with the procedure laid down in these provisions for insurance and reinsurance mediation required for 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 these rules for mediation of insurance required for knowledge and work experience;
14) comprehensive analysis of the offer — the insurance company and the third-country insurers affiliate 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 these rules shall comply with the insurance companies and supervision Act and the law "on insurance contract" used terms.
2. article. The rules require 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 these provisions 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 who deal with the insurance and reinsurance mediation in foreign countries, are obliged to comply with foreign laws.
(4) insurance business person and a third country insurer is entitled branch to engage in insurance intermediation of insurance companies and supervision in accordance with the procedure prescribed by law.
4. article. (1) insurance and reinsurance intermediary may start operation 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. The Registry maintains an insurance operator or third-country insurers branch.
(4) insurance brokers and insurance agents registration and regulatory requirements of these rules are laid down in chapters II and III.
(5) the insurance agent associated with the registration and regulatory requirements are set out in chapter IV of these regulations.
5. article. On insurance and reinsurance intermediary's professional activities have included 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 the insurance and reinsurance contract if insurance merchant, a third country insurer, reinsurer or the Branch Office client is authorized by the insurance and reinsurance intermediaries to receive the payments.
(2) the first paragraph of this article does not apply to the rules associated with the insurance agent.
7. article. (1) these rules 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 relating to the damage or loss of the goods, (b)) the damages related to the damage, loss of baggage and other travel related 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 action that performs insurance merchant, third-country insurers or reinsurers branch employee who handles insurance merchant, the insurer of a third country in the name of the branch or of the reinsurers.
(3) the insurance and reinsurance mediation shall not be regarded as the provision of information on an incidental basis in the context of another professional activity provided that the purpose of that activity is not help insurance and reinsurance in the conclusion of the contract or in the execution of insurance merchant, third-country insurers or reinsurers branch of insurance and reinsurance requirements of the professional administration, assessments of 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) non-member-country 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 provision of services or of incorporation of the principles of liberty.
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 the merchant or third-country insurers branch (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 intermediary dealing with insurance and reinsurance mediation, subject to the provision of services or of incorporation of the principles of liberty.
(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.
Article 10 (1) to register for insurance and reinsurance intermediaries in the register of insurance and reinsurance intermediaries shall submit financial and capital market Commission: 1) authorized signature of the financial and capital market Commission addressed an application that lists all documents annexed thereto;
2) details of the responsible person;
3) particulars of insurance and reinsurance mediation;
4) civil liability insurance policy (copy) or the rules referred to in article 13 of the agreement (copy) with an insurance company, an insurer of a third country's affiliate or reinsurers;
5) documents proving that the requirements referred to in article 14;
6) contract (copy) to the credit of a separate account money, which would have indicated that the existing funds in the account are from insurance and reinsurance intermediary transactions for funds in accordance with the provisions of article 15;
7) procedure for insurance and reinsurance intermediaries provided that compliance with the requirements of article 17;
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 to record insurance and reinsurance broker register financial and capital market Commission and the appearance of a decision on refusal of entry or adopted within 30 days after receiving all of the first paragraph in the 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 second part of this article in 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 register to this part of that commitment.
11. article. (1) the financial and capital market Commission refusing registration of insurance and reinsurance intermediaries in the registry if: 1) not submitted all this provision of article 10 referred to in the first subparagraph, the documents 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 these provisions.
(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 regulation;
4) insurance and reinsurance intermediary violated criminal money laundering prevention laws and regulatory requirements;
5) insurance and reinsurance intermediaries established in a Member State, subject to the service or the founding principles of liberty, violated the State public interest laws and other protective laws contained requirements.
(3) in assessing the irregularity, 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 right to warn the recipient and set reasonable deadlines to prevent infringement.
(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 implementation of the legislation.
(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 injured customers, insurance operators, third-country insurance affiliates, reinsured 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 1500000, expressed in LCY after Bank of Latvia exchange rate, but one insurance case not less than equivalent of EUR 1000000, expressed in LCY by Bank of Latvia exchange rate.
(3) civil liability insurance contract may provide the insurance and reinsurance mediation should the equivalent of € 10000, converted into lats at the 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 provisions on the notification of the extended period. This period lasts at least three years after the insurance contract expiration.
(7) The liability insurance contract early termination and any changes to the insurance contract related to the requirements of these provisions, 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 rules, in accordance with the procedure laid down in article 12, if it has entered into an agreement with an insurance company or a third country insurer's affiliate, which means that the insurance the merchant or third-country insurers branch shall assume full responsibility for the insurance agent's errors or the professional activities professional negligence for damage to customers.
14. article. (1) an insurance broker — legal persons — share capital must not be less than the equivalent of EUR 50000, expressed in LCY after Bank of Latvia exchange rate.
(2) non-member-country insurance brokerage subsidiary 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 intermediary shall inform the credit institution that funds in the account are derived from insurance and reinsurance brokerage, as well as provide the means, and the resulting requirements and related analytical accounting by insurance operators, third-country 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 intermediary 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, third-country 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 insurance and reinsurance intermediary 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) has obtained adequate 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 not subject to one of the article referred to in the third subparagraph.
(2) an insurance agent, insurance agent responsible 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 not subject to one of the article referred to in the third subparagraph.
(3) 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 of the insurance and reinsurance intermediary responsible person or employee directly involved in the insurance and reinsurance mediation if it is established that he has created a situation which could endanger the insurance and reinsurance intermediary clients ' interests as well as he does not meet the requirements laid down in these provisions.
19. article. Insurance broker deals only with 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 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 associated insurance agent requires knowledge of the distributable insurance services;
5) is a person of impeccable reputation, and not subject to one of the article referred to in the second subparagraph.
(2) On the associated insurance agent responsible person and staff directly involved in insurance mediation 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) insurance business person and a third country insurer 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) insurance business person and a third country insurer branch 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) insurance business person and a third country 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 the provision of services or of incorporation of the principles of liberty.
(2) the associated insurance agents register is publicly available, it is public confidence, and any person has the right to consult their insurance, merchant or third-country insurers branch website on the internet.
(3) insurance business person and a third country insurer branch is responsible for the associated insurance agents register recorded messages for accuracy and completeness.
(4) insurance the operator and insurer of a third country's branch has a duty to itself, or by the financial and capital market Commission to immediately cancel the associated insurance agent's registration if it is found that the insurance agent linked to deals with mediation, not subject to these provisions.

(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 he does not meet the requirements laid down in these provisions.
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 to conclude a contract of insurance and reinsurance, which contain provisions that 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 any insurance contract, so the amendment or renewal, 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 intermediary on behalf of the legal person, in addition to indicate your name and last name;
2) register of insurance intermediaries included, and a way to make sure of its registration;
3) or insurance intermediary, which has created a third country insurer's branch in the Republic of Latvia and the insurance services insurance broker plans to distribute, directly or indirectly, for participation in the insurance business operator or a third country insurer that covers 10 and more percent of the merchant or third-country insurers branch of parent company voting shares or share capital;
4) or the operator, its insurance parent company or an insurer of a third country, which has created a third country insurer's branch in the Republic of Latvia, is derived, directly or indirectly, participation in the insurance intermediary, 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 third country branches. In this case, the insurance intermediary shall, at the customer's request provide the insurance of economic operators and third-country insurers affiliate companies and the legal address;
3) insurance intermediaries there are no contractual obligations to deal with the insurance mediation only for one or more of the specific insurance company insurer of third country branches and in the interest of the insurance intermediary 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 third country branches and legal address of the company where the interests of the insurance intermediary dealing 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 of the said information is provided only upon the customer's request, the insurance broker 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 intermediary shall, 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 to the customer that provision of the information referred to in article 24:1) Latvian language or in another language, for any agreed upon the parties;
2) writing (in paper form) or on 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 is considered to be any feature that enables the customer to store information addressed to him so that the content is appropriate for the period it would be available for future use and the stored information does not change the play. On permanent media is also considered a computer floppy disks, CD-ROM drives, DVD drives and personal computer hard disk drives that store electronic mail. 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) the provisions of the information referred to in article 24 may be provided 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 follow this rule in article 24 and 25 above requirements, if an insurance intermediary shall provide insurance mediation in 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 an insurance operator, or a third country insurer's branch of the payments, but that insurance payment merchant or third-country insurers Branch carried out an 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 intermediaries must 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 intermediary may be extended for a period not exceeding four months from the date of submission of the complaint. Insurance and reinsurance intermediaries shall send the customer a reasonable written notice of the 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 intermediary not present client and do not issue insurance and reinsurance mediation Affairs a copy of a document, if the file passed to the law enforcement authorities in criminal proceedings.
(2) in the event of a dispute with a customer of insurance and reinsurance intermediaries shall not be entitled to base their objections to the documents that were presented to the customer in accordance with the procedure laid down in this article.
31. article. (1) the financial and capital market Commission gives customers opinions on complaints about these rules 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 provision 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

32. article. (1) insurance and reinsurance intermediaries who wishes to establish a branch in another Member State of its intention in writing notify the 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 plans to open a branch;
2) planned the service description;
3) insurance and reinsurance intermediaries in the Member State of the branch address (the address for sending and receiving information);
4) news on insurance and reinsurance intermediary Branch Manager;
5) insurance the merchant or third-country insurers branch (whose name and intend to act in the interest of 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 are not in one of those provisions article 17 referred to in the third subparagraph.
(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 in the transfer of information a 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 intermediary has violated these rules. 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 statement that the financial and capital market Commission has no objections to the opening of the branch.
33. article. Another Member State, insurance and reinsurance intermediary may open a branch in the Republic of Latvia within 30 days after you have received your Member State supervisory authorities information that it has no objection to the opening of a branch in the Republic of Latvia, and sent a notice of 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, specifying information about the Member State in which the insurance and reinsurance intermediary plans to deal with the insurance and reinsurance mediation. Insurance agent and associated insurance agent indicates insurance merchant or third-country insurers branch (in the name and on behalf of which he intends 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 in the transfer of information management 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 these terms. 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, within 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 statement that it has no objection. 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 shall ensure that the financial and capital market Commission's 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 the insurance and reinsurance mediation in the Republic of Latvia registered insurance and reinsurance intermediaries shall be 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 the Member State of insurance and reinsurance intermediaries to terminate these steps.
(2) if the other 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 do not stop actions that are contrary to the Republic of Latvia on insurance and reinsurance intermediation regulatory laws, 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 broker that deals with 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 regulatory laws, 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 of the Republic of Latvia the protective laws, financial and capital market Commission, informed the Member State concerned, of insurance and reinsurance intermediaries and of the Member State of insurance and reinsurance intermediaries in the supervisory bodies of immediately take steps 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 broker register by the financial and capital market Commission applied 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 has the right under the competency claim to insurance and reinsurance intermediary prevents any violations of these rules 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.
1. The transitional issues insurance brokerage company in its operation according to the requirements of this regulation translates to 1 March 2005.
2. Insurance agents and insurance agencies their activities according to the requirements of this regulation translates to 1 March 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.
3. Legal entities that 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 1 March 2005 in reforming its operation according to the requirements of this regulation.
4. Until 1 March 2005 this provision to article 17, first paragraph, (4) and (5) of the above opinions on insurance and reinsurance intermediaries and of the persons responsible of staff knowledge and working experience of providing financial and capital market Commission.
5. Until 1 March 2005 this provision to article 17 of the second subparagraph of paragraph 4 and 5 of the above opinions on insurance intermediaries and of the persons responsible of staff knowledge and working experience of providing financial and capital market Commission.
6. Persons under the supervision of insurance undertakings and article 82 of the law, the first paragraph has 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 not to apply the provisions of article 17, first paragraph 2. , 4, paragraph 5, and article 17, second paragraph, (4) and (5) the requirements referred to in.
7. Financial and capital market Commission President within one month from the date of entry into force of the signed statement of the European Commission of the intention of the Republic of Latvia to receive national supervisory authorities of the Member States relating to insurance and reinsurance intermediary activity in the Republic of Latvia pursuant to the Treaty principle of freedom.
Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 9 December 2002 Directive 2002/92/EC on insurance mediation.
The entry into force of the provisions by 15 January 2005.
Prime Minister a. Halloween Finance Minister o. Spurdziņš Editorial Note: the entry into force of the provisions by 15 January 2005.