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Order Eha/1805/2007, Of 28 May, Establishing Obligations In Terms Of Remission Telematics Of Countable Documentation From The Insurance Companies, Pension Funds Managing Bodies, And Runners Of...

Original Language Title: ORDEN EHA/1805/2007, de 28 de mayo, por la que se establecen obligaciones en cuanto a la remisión telemática de la documentación estadístico-contable de las entidades aseguradoras, las entidades gestoras de fondos de pensiones, y los corredores de...

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Law 62/2003, of December 30, of Fiscal, Administrative and Social Order Measures, provided for in Article 84 the possibility that the Ministry of Economy (today of Economy and Finance) will determine the assumptions and the conditions under which insurance undertakings, pension fund managers, insurance brokers and insurance brokerage companies are to submit by telematic means to the Directorate-General for Insurance and Fund Pensions the information to which they are obliged in accordance with their specific legislation. Insurance institutions-including social security funds-the management of pension funds and brokers and insurance brokerage companies are obliged to supply certain information to the Directorate-General for Insurance and Pension Funds. Thus, as far as the insurance companies are concerned, this duty of periodic remission of information is carried out, as provided for in Article 20.1 of the recast text of the Law on the Management and Supervision of Private Insurance, approved by the Royal Decree-Law 6/2004 of 29 October, in Article 66 of the Regulation on the Management and Supervision of Private Insurance, approved by Royal Decree 2486/1998 of 20 November 1998. This provision provides in paragraph 4 that insurance institutions shall send to the Directorate-General for Insurance and Pension Funds, among other documents, the statistical-accounting information relating to the financial year. It also provides that institutions required to draw up consolidated accounts must also refer them to the Directorate-General for Insurance and Pension Funds. In addition to the annual statistical accounting information, in accordance with the specified regulatory article, the following quarterly statistical information is required to be sent by the insurance institutions which are in any circumstances provided for by the The statistical accounting information corresponding to that period shall be submitted by the obligable entities of the consolidated groups of insurance institutions. In the case of social welfare mutual societies, this obligation to submit information is contained in Article 27 of the Social Welfare Mutual Insurance Regulation, approved by Royal Decree 1430/2002 of 27 December. As far as the duty of information of the pension fund management entities is concerned, its regulation is found in Article 19 of the recast of the Law on the Regulation of Pension Plans and Funds, approved by the Royal Decree Legislative resolution 1/2002 of 29 November and in Article 98 of the Regulation on pension schemes and funds approved by Royal Decree 304/2004 of 20 February 2004. Insurance and reinsurance brokers are required to forward to the General Directorate of Insurance and Pension Funds annual statistical accounting information in accordance with the provisions of Article 49 of Law 26/2006 of 17 July 2006. Private Insurance and Reinsurance Mediation, and in Article 2 of the Royal Decree-to 301/2004 of 20 February 2004, which regulates the book-records and the duty of statistical-accounting information of insurance brokers and companies insurance brokerage. Order EHA/3636/2005 of 11 November, creating the Telematics Register of the Ministry of Economy and Finance, gives the necessary support for the transmission of information between the companies regulated in this Order and the Administration, since In its Annex, specific reference is made to the procedures for sending statistical-accounting information. The compulsory establishment of the use of telematic means to comply with the legal obligations for the provision of information is part of the promotion of the use of telematic techniques and means for the development of activities. and the exercise of powers by the Public Administration referred to in Article 45 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The reception of information by telematic means improves the exercise of the competences that the Ministry of Economy and Finance has in relation to the insurance institutions, pension plans and funds and the corridors and societies of brokerage, as it allows for faster and more agile processing of the data provided by contributing to make the financial control and supervision that it is up to them to exercise more effectively. In addition, the aforementioned Order EHA/3636/2005, dated 11 November, is amended, creating the telematic register of the Ministry of Economy and Finance. First, the telematic procedure referred to in the application for the valuation of buildings by the Directorate-General for Insurance and Pension Funds is deleted, since Royal Decree 1332/2005 of 11 November 2005 for the development of the Law 5/2005, of 22 April, of supervision of financial conglomerates and amending other laws of the financial sector, amended the Regulation of Management and Supervision of Private Insurance, approved by Royal Decree 2486/1998, of 20 November, making the possibility of applying for the valuation of immovable property disappear Part of the technical services of the Directorate-General for Insurance and Pension Funds. Secondly, in relation to insurance intermediaries, a new telematics procedure is incorporated: the presentation of the statistical-accounting documentation by the insurance and reinsurance brokers. The entry into force of Law 26/2006, of 17 July, makes it necessary to make also several amendments to the regulation contained in Royal Decree 301/2004, of 20 February, for which the records and the duty of information are regulated statistical-accounting of insurance brokers and insurance brokerage companies, as regards the models that make up the annual statistical-accounting documentation contained in its Annex. As regards the legal authorisation to make such changes, first, the second provision of Law 26/2006, which in its paragraph 2 empowers the Minister for Economic Affairs and Finance to carry out the changes, must be cited. amendments that are necessary in the regulation of the book-registration and in the models of the annual statistical-accounting information, in order to adapt the said Royal Decree to the provisions of Law 26/2006 in relation to the corridors insurance and reinsurance, whether natural or legal persons. In addition to this legal qualification, the Royal Decree-to 301/2004, in its second final provision, empowers the Minister for Economic Affairs and Finance, on a proposal from the Directorate General for Insurance and Pension Funds, and prior to the Board's report. Insurance and Pension Funds Advisory Committee, in order to make the necessary modifications to the models of the annual statistical-accounting documentation of the insurance brokerage companies and brokers listed in the Annex to that standard. The Spanish Data Protection Agency has reported favourably this provision. In its virtue, with the prior approval of the Minister of Public Administrations, and according to the State Council, I have:

Article 1. Referral of information to the Directorate-General for Insurance and Pension Funds.

Insurance institutions-including social security mutual societies-pension fund management entities and insurance and reinsurance brokers shall send the statistical-accounting documentation by telematic means. which, in accordance with their specific rules, are required to submit to the Directorate-General for Insurance and Pension Funds.

The above obligation affects:

(a) The referral by the insurance institutions-including the social security mutual funds-of the annual statistical accounting information.

b) The remission by the entities required to formulate consolidated accounts of the consolidated annual statistical accounting information. (c) The referral by the insurance institutions-including the social security mutual funds-of the quarterly statistical accounting information. (d) The referral by the obligable entities of the consolidable groups of insurers of the semi-annual statistical accounting information. (e) The referral by the managing entities of pension funds from the annual statistical-accounting documentation of the managing entities and the pension plans and funds. (f) The remission by the insurance and reinsurance brokers of the annual statistical accounting information.

Article 2. Technical requirements.

The technical requirements for the access and use of the telematic registers will be those established in Order EHA/3636/2005, of November 11, for which the Telematics Registry of the Ministry of Economy and Finance is created. The forms models for telematics referrals, as well as the format specifications of the web services offered on the Internet Portal of the General Directorate of Insurance and Pension Funds are those published in the Virtual Office whose address is http://www.dgsfp.meh.es/.

Article 3. Amendment of Order EHA/3636/2005 of 11 November establishing the Telematics Register of the Ministry of Economy and Finance.

The Annexes to Order EHA/3636/2005 of 11 November establishing the Telematics Register of the Ministry of Economy and Finance are hereby amended as follows: 1. in Annex I " Susceptible administrative procedures processing through the telematic register ' shall be deleted from paragraph 5.9.

2. In Annex I 'Administrative procedures for processing through the telematic register', a paragraph 5.27 is created with the following wording:

" 5.27 The remission by the insurance and reinsurance brokers of the annual statistical accounting information, according to the models published in the Annex to Royal Decree 301/2004 of 20 February, on the records and the duty of statistical-accounting information of insurance brokers and insurance brokerage companies. '

3. In Annex II "Forms for the telematics submission of applications, writing and communications" the form "Application for valuation of buildings and property rights" is deleted.

Article 4. Modification of the models of the annual statistical-accounting documentation of insurance and reinsurance brokers.

The annex to this order establishes the models of the statistical-accounting documentation to be submitted by the insurance and reinsurance brokers to comply with the provisions of Article 49 of Law 26/2006, 17 of July, of Mediation of Private Insurance and Reinsurance, and in Royal Decree 301/2004, of February 20, for which the book-registration and the duty of statistical-accounting information of the insurance brokers and the brokerage companies are regulated insurance.

Single end disposition. Entry into force.

Articles 1, 2 and 4, as well as the Annex to the Order, shall enter into force on 1 January 2008 and shall affect the information to be supplied by the persons obliged to the Directorate-General for Insurance and Pension Funds, to from that date.

Article 3 shall enter into force on the day following the publication of this Order in the Official Gazette of the State.

Madrid, May 28, 2007.-Vice President and Minister of Economy and Finance, Pedro Solbes Mira.

Attachment

Annual statistical accounting documentation of insurance and reinsurance brokers Models that integrate the annual statistical accounting documentation

Model 0.1 Statement of insurance and reinsurance brokers, natural persons.

Model 0.2 Statement of the legal representative of insurance and reinsurance brokers, legal persons. Model 1 Structure of the organization. Model 2.1 Intermediate insurance portfolio. Distribution. Model 2.2 Intermediate insurance portfolio. Ramos not life. Model 2.3 Intermediate insurance portfolio. Bouquets vida. Model 3. Accounting data.

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