Order Eha/2513/2011, Of 15 September, Which Modifies The Order Eha/1803/2010, July 5, Which Lays Down Obligations In Terms Of Remission By Electronic Means Countable Entities Documentation...

Original Language Title: Orden EHA/2513/2011, de 15 de septiembre, por la que se modifica la Orden EHA/1803/2010, de 5 de julio, por la que se establecen obligaciones en cuanto a la remisión por medios electrónicos de la documentación estadístico-contable de las entidades...

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On the application of the possibility of establishing electronic as exclusive communication for certain information that has to refer to the General Directorate of insurance and pension funds issued the order EHA/1805/2007, of 28 may, establishing obligations in terms of remission telematics of countable documentation of the insurance entities , the managing bodies of pension funds, and brokers of insurance and reinsurance, and by amending the order EHA/3636/2005, of 11 November, which creates the electronic register of the Ministry of economy and finance.

The application of article 27.6 of the law 11/2007, of July 11, electronic access of citizens to public services enables public administrations to establish the obligation to communicate with them using only electronic media, when stakeholders are consistent with legal or collective persons of physical persons who by reason of economic or technical capacity , professional dedication or other accredited grounds have guaranteed access to and availability of accurate technological means. Article 32 of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of July 11, is partially developed provides that the obligation to communicate with the organs of the General Administration of the State by electronic means may be established by ministerial order. In application of these rules is issued the order EHA/1803/2010, of 5 July, which establish obligations in terms of remission by electronic means of the countable documentation from the insurance companies and pension funds managing bodies and amending the order EHA/1928/2009 of 10 July which will approve the models of estadistica-contable documentation annual, quarterly and consolidated to be submitted by the insurance entities, and by amending the order EHA/339/2007, of February 16, by which certain precepts of the regulatory legislation of private insurance are developed. This standard was incorporated for the first time for some of the procedures of the General Directorate of insurance and pension funds compulsory Administration make notifications with regard to the procedures in it content using also via electronic exclusively and specifically the notification for its appearance planned in article 40 of the Royal Decree 1671 / 2009.

As consequence of the experience positive accumulated, are now incorporated procedures relating to the mediators of insurance and broker of reinsurance for which all notifications and requests must be verified electronically.

Moreover, in connection with the mediation of insurance, consolidation in the sector of the figures which incorporated the Law 26/2006, of July 17th, mediation of insurance and private reinsurance, has made clear the need to refine the information requirements that are required the mediators of insurance and reinsurance brokers to facilitate the tasks of supervision. By Royal Decree 764/2010, of 11 June, which develops Law 26/2006, of July 17, mediation of insurance and reinsurance countable information and business, private and professional competence, established models presented by the mediators of insurance and reinsurance, empowering in their third Final provision, the Minister of economy and finance , on the proposal of the General Directorate of insurance and pension funds and report of the Advisory Board of insurance and pension funds to make the necessary modifications in models of countable information annual and semi-annual of brokers of insurance and the broker of reinsurance, and accounting information and business and half-yearly for agents linked insurance and operators of linked bancassurance listed in annexes I , II, III and IV, respectively.

By virtue of the foregoing, with the prior approval of the Vice President of the territorial Government and Minister of Territorial policy and public administration, I have: first article. Modification of the order EHA/1803/2010, of 5 July, which establish obligations in terms of remission by electronic means of the countable documentation from the insurance companies and pension funds managing bodies and amending the order EHA/1928/2009 of 10 July, by which the annual documentation-countable models are approved quarterly and consolidated to be submitted by the insurance entities, and by amending the order EHA/339/2007, of February 16, by which certain precepts of the regulations for private insurance are developed.

Amending article 1 of the order, which is as follows: ' 1. the obligors shall forward by electronic means countable documentation and the documentation which, in accordance with the specific regulations, be submitted to the General Directorate of insurance and pension funds.»

The previous obligation affects a: to) the insurance entities in relation to: 1 the annual countable information.

The countable information 2nd annual consolidated.

3rd the countable information quarterly.

4th the countable information consolidated half-yearly.

5 remission of annual accounts, the management report and audit general and supplementary reports.

6 remission of the consolidated annual accounts, the management report and the general and complementary audit reports.

7th the referral of the report on the effectiveness of internal control procedures.

8th the referral of the report on the effectiveness of the internal control procedures for the consolidated Group of insurance companies.

9th the application for registration of the auxiliares-asesores of their exclusive brokers in the special administrative register of mediators of insurance, broker of reinsurance and its senior officials of the General Directorate of insurance and pension funds.

10 the application for registration of exclusive brokers in the administrative register of mediators of insurance, broker of reinsurance and its senior officials of the General Directorate of insurance and pension funds.

(b) in relation to: pension funds managing bodies 1 remission of the documentation-countable annual managing bodies and schemes and pension funds.

2. remission of the documentation-countable quarterly of plans and pension funds.

3rd the remission of annual accounts, the annual report and the audit report of the managing body and the funds administered by it.

4th the referral of the report on the effectiveness of internal control of the managing body procedures.

5 the remission by the managing bodies of the pension funds belonging to the same group as the repository of managed by pension funds, of the report on the degree of compliance with the rules of separation between the management body and the depository.

6 the remission by the management entities of pension funds actuarial review of the financial report of pension plans.

(c) the mediators of insurance and reinsurance in relation to: 1 the referral by the brokers and the semi-annual statistical documentation reinsurance brokers.

2. referral by the brokers and the documentation-countable annual reinsurance brokers.

3rd remission linked insurance agents and the semi-annual business information linked bancassurance operators.

4th remission linked insurance brokers and bancassurance linked of the accounting information and annual business operators.

5 the application for registration of the auxiliares-asesores of mediators of insurance in the special administrative register of mediators of insurance, broker of reinsurance and its senior officials of the General Directorate of insurance and pension funds.

2. the communications arising from these procedures between the General Directorate of insurance and pension funds and the insurance entities, pension funds managing bodies and the mediators of insurance and reinsurance brokers will be made exclusively by electronic means. Notifications of the General Directorate of insurance and pension funds will be made by means of electronic attendance system provided for in article 40 of the Royal Decree 1671 / 2009, dated November 6, which develops partially law 11/2007, of July 22, electronic access of citizens to public services.

"In the cases provided an email address are them will send an e-mail in which, previously to making it available, it will inform them of the existence of a notification."

Second article. Modification of models and half-yearly statistics of brokers of insurance and the broker of reinsurance, and accounting information and annual and half-yearly business of agents linked insurance and operators of linked bancassurance listed in annexes I, II, III and IV of the Royal Decree 764/2010, of 11 June which develops the Law 26/2006, of July 17, mediation of insurance and reinsurance accounting statistical information and business, private and professional competence.


1. in annex I to this Ministerial order contain the new models that replace the models 1, 2.1.1 and 2.1.2 of annex I «Countable annual documentation of brokers of insurance and reinsurance brokers».

2. in annex II of this Ministerial order will contain new models that replace the models 1 and 2.1 of annex II «Documentation accounting and annual business of agents linked insurance and bancassurance linked operators».

3. in annex III of this Ministerial order contains models which replace the model 1 and models 2.1 and 2.2 of annex III, «Semi-annual statistical documentation of brokers of insurance and reinsurance brokers».

4. in annex IV of this Ministerial order contain models that replace models 1 and 2 of annex IV «Documentation of semi-annual linked bancassurance operators and related insurance agents business».

Sole final provision. Entry into force.

1. the first article of this provision shall enter into force the day following its publication in the "Official Gazette".

2. the second article of this provision will enter into force for shipments of statistical documentation semi-annual, countable annual, semi-annual and accounting business and annual business carried out from January 1, 2012.

Madrid, September 15, 2011.-the Vice-President of the Government for Economic Affairs and Minister of economy and finance, Elena Salgado Mendez.

Annex I modified models that integrate the countable annual documentation of brokers of insurance and reinsurance brokers model 1. Structure of the organization.

Model 2.1.1 immediate insurance portfolio. Distribution.

Model 2.1.2 immediate reinsurance portfolio. Distribution.

Here are several images in the original. See the PDF document official and authentic.

Annex II modified models that integrate the accounting and documentation agents linked insurance and bancassurance linked operators annual business model 1. Structure of the organization.

Model 2.1 immediate insurance portfolio. Distribution.

Here are several images in the original. See the PDF document official and authentic.

Annex III modified models that integrate the semi-annual statistical documentation of brokers of insurance and reinsurance brokers model 1. Structure of the organization.

Model 2.1 immediate insurance portfolio. Distribution.

Model 2.2 mediated reinsurance portfolio. Distribution.

Here are several images in the original. See the PDF document official and authentic.

Annex IV modified models that integrate the documentation of the biannual business operators and related insurance agents linked bancassurance model 1. Structure of the organization.

Model 2. Immediate insurance portfolio. Distribution.

Here are several images in the original. See the PDF document official and authentic.

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