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Regulation (2005:411) On Insurance Mediation

Original Language Title: Förordning (2005:411) om försäkringsförmedling

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Chapter 1. Definitions



Article 1 for the purposes of this regulation,



1. liability insurance: insurance for

liability as set out in Chapter 2. 5 § 4 and § 6

paragraph 2 Act (2005:405) on insurance mediation, and



2. load register: the register kept in accordance with the law

(1998:620) on load records.



Chapter 2. Application for authorization and notification of registration



The application for the authorisation of the financial supervision authority for the Swedish

insurance intermediaries



§ 1 an application by a natural person for permission to

insurance intermediation pursuant to Chapter 2. section 1 of the Act (2005:405) if

insurance mediation shall indicate:



1. the natural person's first and last name, mailing address,

phone number and social security number or, if there is none,

date of birth, and



2. for which types of insurance, the

what classes or groups of classes

that permission is sought.



The application shall also contain a description indicating that the

physical person



1. covered by liability insurance,



2. is not a minor, in bankruptcy, subject to disqualification

or trustee under Chapter 11. 7 § parental code,



3. do not occur in criminal records for offences

referred to in Chapter 3. § 1 or aiding and abetting such crimes,



4. has shown the good character of Economic Affairs

required pursuant to Chapter 2. paragraph 5(2) of the law on insurance mediation and the

regulations issued pursuant to Chapter 7. 1 § 2, and



5. has the knowledge and skills required in Chapter 2. 5 § 3

the law on insurance mediation and the regulations

issued under Chapter 7. 1 § 3.



section 2 of an application by a legal person for permission to

insurance intermediation pursuant to Chapter 2. section 1 of the Act (2005:405) if

insurance mediation shall indicate:



1. the legal person's business name, registration number,

mailing address and telephone number,



2. for which types of insurance, the

what classes or groups of classes

that permission is sought, and



3. the name, surname and personal identification code or, in the

is missing, the date of birth on the employees who must convey

insurance on behalf of the legal person, together

with an indication of which types of insurance, the

or what classes or groups of

classes of insurance that the employee shall have the right to

convey.



The application shall also contain a description that indicates that



1. the legal person are covered by liability insurance,



2. the legal entity is not bankrupt or in

liquidation,



3. to be included in the lead, or shall be replacement

for he satisfies the requirements of Chapter 2. section 6 of the first

paragraph 3 the law on insurance mediation, Chapter 3. 2 and 4 sections and

the regulations issued pursuant to Chapter 7. 1 § 2 and 4,

and that



4. the legal person has carried out the checks of

employees provided for in Chapter 2. the second subparagraph of paragraph 6 of the law on

insurance intermediation, Chapter 3. section 5 and the regulations

issued under Chapter 7. 1 § 5.



The application for the authorisation of the financial supervision authority for foreign

insurance intermediaries



section 3 of the application of a foreign insurance intermediary if

authorization for insurance intermediation pursuant to Chapter 3. section 2 of the Act

(2005:405) on insurance mediation shall indicate:



1. the foreign agent's company name or first and last name,

registration number, date of birth or equivalent

task identity, postal address and telephone number, and



2. the branch's corporate name or first and last name, phone number and

mail address, and



3. for which types of insurance, the

what classes or groups of classes

that permission is sought.



The application shall also contain a description that indicates that



1. the provider in his country of origin is under adequate supervision of

a competent authority, and to



2. the competent authority of the home Member State has admitted that the intermediary

establish themselves in Sweden.



The application shall also contain a description that indicates that it is

supposable that the provider meets the requirements in Chapter 2. 5 or 6 §

the law on insurance mediation.



The application for the authorisation of the financial supervision authority for the side activities



section 4 of the application for authorization for a natural person to exercise

such activity as described in Chapter 2. 5 section 15

Act (2007:528) securities market shall contain

the identity of the natural person's first and last name,

postal address, telephone number and social security number or, if such

missing, the date of birth.



The application shall also contain a description indicating that the

physical person



1. meet the requirements of Chapter 5. section 1 of the Act (2005:405)

the IMD and the regulations issued by

under Chapter 7. 1 § 3, and



2. subject to such insurance for liability

which shall be pursuant to Chapter 4. paragraph 1 and the provisions

issued under Chapter 7. 2 §. Regulation (2007:587).



section 5 An application for a permit for a legal entity to exercise

such activity as described in Chapter 2. 5 section 15

Act (2007:528) securities market shall contain

stating the company name, registration number, postal address and

phone number.



The application shall also contain a description indicating that the

legal entity



1. meet the requirements of Chapter 5. section 1 of the Act (2005:405)

the IMD and the regulations issued by

under Chapter 7. 1 § 3 and 4, and



2. subject to such insurance for liability

which shall be pursuant to Chapter 4. paragraph 1 and the provisions

issued under Chapter 7. 2 §. Regulation (2007:587).



Notification of registration with Bolagsverket the Swedish

insurance intermediaries



section 6, An application for registration pursuant to Chapter 2. section 3 of the Act

(2005:405) on insurance mediation of an insurance intermediary

who is a natural person shall contain an indication of the name and

last name, social security number, mailing address and telephone number.



Together with the notification, an insurance intermediary shall provide a

certified true copy of the FSA's authorisation to

insurance mediation.



7 § registration for registration pursuant to Chapter 2. section 3 of the Act

(2005:405) on insurance mediation of an insurance intermediary

that is a legal person shall contain an indication of the firm,

corporate identity number, postal address and telephone number.



Together with the notification, an insurance intermediary shall provide a

certified true copy of the FSA's authorisation to

insurance mediation.



Notification of registration with Bolagsverket by related

insurance intermediaries



§ 8 notification for registration pursuant to Chapter 2. section 4 of the Act

(2005:405) on insurance mediation of an insurance intermediary

who is a natural person shall indicate:



1. business name and registration number for the insurance company with

which the provider has entered into an agreement,



2. the natural person's first and last name, social security number,

mailing address and telephone number, as well as



3. for which types of insurance, the

what classes or groups of classes

which registration is sought.



If the insurance company is a foreign insurance companies,

It shall at the same time, submit a certified copy of the

registration certificate or equivalent document for

insurance company.



§ 9 notification of registration pursuant to Chapter 2. section 4 of the Act

(2005:405) on insurance mediation of an insurance intermediary

that is a legal entity, indicate



1. business name and registration number for the insurance company with

which the provider has entered into an agreement,



2. the legal person's business name, registration number,

mailing address and telephone number, as well as



3. for which types of insurance, the

what classes or groups of classes

which registration is sought.



If the insurance company is a foreign insurance companies,

It shall at the same time, submit a certified copy of the

registration certificate or equivalent document for

insurance company.



Registration with the companies Registration Office of foreign insurance intermediaries



section 10 A notification for registration pursuant to Chapter 3. section 4 of the Act

(2005:405) on insurance mediation shall indicate:



1. the foreign insurance intermediary firm or for-and

last name and company number or date of birth, and



2. the branch's corporate name or first and last name as well as

corporate identity number or social security number, mailing address, and

phone number.



Together with the notification, an insurance intermediary shall provide a

certified true copy of the FSA's authorisation to

insurance mediation.



Registration with the companies registration office if the ancillary activity



section 11 notification of registration in accordance with Chapter 5. section 2 of the Act

(2005:405) on insurance mediation for natural person

contain the name, surname and personal code number and

for legal persons indicate the company name and

company registration number.



At the same time, a certified copy of the decision of the financial supervisory authority

If condition to activity according to Chapter 5. paragraph 1 of the law on

insurance mediation are submitted.



Signature of notification etc.



section 12 of the application for registration pursuant to Chapter 2. section 3 and Chapter 5. section 2 of the

Act (2005:405) on insurance mediation, for physical

personal signed by the notification and for legal

person of the authorized signatory.



Application for registration pursuant to Chapter 2. paragraph 4 of the law on

insurance mediation shall be signed by the competent

signatory for the insurance company with which the intermediary

has entered into an agreement.




Application for registration pursuant to Chapter 3. paragraph 4 of the law on

insurance mediation shall be signed by the foreign

insurance intermediary. If the foreign insurance intermediary

is a legal entity, shall be signed by the competent

signatory. Together with the notification shall

insurance intermediary shall provide the certificate of registration, or

the corresponding action.



Notification under Chapter 8. section 4, second subparagraph, the law of

insurance mediation shall be signed by the competent

signatory for the insurance company with which

insurance intermediary have concluded agreements.



section 13 Of the tasks that an insurance undertaking or a

insurance intermediaries has left to the companies Registration Office has been changed,

the insurance company and the insurance intermediary

immediately inform the Office about this.



Chapter 3. Control of criminal records



section 1 with some serious property offences or certain serious

economic crime according to Chapter 2. 5 § 2 Act (2005:405) if

insurance mediation referred to crimes or complicity to crimes against



1.8, 9, 10, 11, 12, 14 or 15. the criminal code,



2. Italian law (1971:69),



3. Act (1985:354) prohibiting legally or financially

Counsel, or



4. Act (2005:377) on penalties for market abuse in trade

with financial instruments.



First subparagraph



1. If the lowest prescribed penalty is imprisonment, and



2. where a judgment or decision or a

penalty order approved in respect of such an offence within five

years before the date of the control in the registry is made.



section 2 of the regulations on financial supervision authority's right to request

information extracted from criminal records is available in 13 a of the regulation

(1999:1134) if the load tables and the individual's right to

request a special excerpt of this register is available in 22 a of the

the same regulation.



section 3 of the testing for the presence of criminal records that

According to Chapter 2. paragraph 4(1) Act (2005:405) if

insurance mediation must be carried out in respect of the tied

insurance intermediaries who are natural persons shall

the insurance company may request that the individual in question shows up

such a register referred to in section 22 (a) Regulation

(1999:1134) on load records. The extract from the register that

presented may not be older than three months.



The insurance company may not documenting the performed

control other than by means of a note to

Register extract have been shown up.



A natural person who exists in the criminal records of

offence or aiding and abetting an offence referred to in paragraph 1, shall not

be notified of registration with Bolagsverket.



section 4 of the testing for the presence of criminal records that

According to Chapter 2. paragraph 4(1) Act (2005:405) if

insurance mediation must be carried out in respect of the tied

insurance for intermediaries who are legal persons

the insurance company may request that the program be included in the

legal entity's management or be replacements for him

showing up such a register referred to in section 22 (a)

Regulation (1999:1134) on load records. The

extract from the register that shows up should not be older than three

months.



The insurance company may not documenting the performed

control other than by means of a note to

Register extract have been shown up.



If a person referred to in the first subparagraph shall appear in

criminal records for offences or complicity to crimes

referred to in paragraph 1, may not be reported for the legal entity

registration with Bolagsverket.



paragraph 5 of the testing for the presence of criminal records that

shall be carried out in accordance with Chapter 2. the second subparagraph of paragraph 6 of Act (2005:405)

the IMD, the legal entity may request

a worker who must convey assurances for the

legal entity's behalf shows off such a register extract

referred to in article 22 Regulation (1999:1134) if

load records. The extract from the register that is presented may not

be older than three months.



The legal entity cannot document the

control other than by means of a note to

Register extract have been shown up.



Only data about employees that do not occur in

criminal records for offences or complicity to crimes

referred to in paragraph 1 shall be the basis for the application for a permit

According to Chapter 2. paragraph 1 of the law on insurance mediation or notification

for registration as referred to in Chapter 2. paragraph 4 of the same law.



Chapter 4. Liability insurance



section 1 authorisation to insurance mediation under the Act

(2005:405) on insurance mediation is required to

insurance terms for liability insurance means that



1. insurance covers the whole of the European Community

territory,



2. the insurance covers damage caused from

date on which the agent was registered with the companies registration office and that

notified to the insurer, as long as the insurance applies,



3. the insurance is linked to a length of extended cover which means that

the insurance also covers damage which is reported to the

the insurer within three years from the time the insurance is

expired and not covered by any other insurance,



4. the injured party may direct claims for compensation in accordance with

the insurance contract directly against the insurer in the

extent to which he or she has not received compensation of the

insured,



5. the compensation shall be paid to the injured party without

deduction of excess, and



6. insurance may cease at the earliest one month after the

The financial supervisory authority has been notified of the termination.



Chapter 5. Insurance broker registry



1 § registration of insurance intermediaries is made in

insurance broker registry. The register is kept by means of

automated processing and shall be kept available at

The companies registration office. The work is personal responsible according to

personal data Act (1998:204) for the table.



In insurance mediation register recorded information for each

insurance intermediaries.



For a foreign insurance intermediary shall registration in

insurance mediation register shall be made on the branch in which the

activities shall be exercised.



section 2 of the Insurance Broker registry shall give the public the

information included in the register.



In the case of personal data, the register shall be conducted for the

provide data for



1. the supervision that the FSA has over

insurance intermediaries and the insurance company in accordance with the law

(2005:405) on insurance mediation,



2. information for the public on insurance intermediaries

have been entered in the register,



3. information about the Swedish reports of insurance intermediaries

activities in other countries in the European economic

area,



4. business, lending or any other public

or individual activities involving business-related information is

basis for trials or decision,



5. updating, supplementation or control of

business-related information contained in the customer or

Member register or similar registers,



6. withdrawal of selection of personal data for direct marketing,

However with the limitation imposed by section 11 of the Privacy Act

(1998:204), and



7. the activities of the State or municipality is responsible according to the law

regulatory and



(a)) relating to insurance intermediaries registered in

insurance broker registry,



(b)) to be performed requires access to

business-related information, or



c) relating to the performance of the obligation.



section 3 of the companies registration office shall ensure that it does not arise from any

undue intrusion into the privacy of the data subject

or any risks from the point of view of safety. For these purposes,

authority in individual cases set up conditions for the treatment

of personal data.



section 4 of the Swedish companies registration office, for the purposes set out in section 2 of the a

case-by-case basis, decide on the direct access to the

insurance broker registry.



§ 5 the provisions on damages in section 48 of the personal data Act

(1998:204) applies to the processing of personal data in accordance with

This regulation.



6 § in the case of rectification of personal data in

insurance mediation register paragraph 26 of administrative procedure act

(1986:223) shall apply instead of section 28 of the data protection act

(1998:204).



paragraph 7 of The decision on refusal of information under section 26

personal data Act (1998:204) may be appealed to the General

Administrative Court follows from 22 a of the administrative procedure act

(1986:223).



section 8 of the insurance broker registry, the following information

recorded on insurance intermediaries:



1. organizational or personal identification number,



2. company name or first and last name,



3. postal address and telephone number,



4. what types of insurance, the

classes or groups of classes that

registration,



5. date of authorization to exercise the activities referred to in Chapter 2. paragraph 5 of the

15 the first paragraph of the law (2007:528) on the securities market,



6. the country or countries in which the intermediary shall exercise activities

on the basis of Chapter 4. Act (2005:405) on insurance mediation

and if the activity in question shall be exercised pursuant to Chapter 4. 1 §

or Chapter 4. paragraph 2 of that law,



7. date of registration with the companies registration office, as well as



8. date of decision to permit or registration has

been revoked.



For insurance intermediaries registered under Chapter 2. paragraph 3 of the

the law on insurance mediation shall also be recorded date

Finansinspektionen's decision on permission to

insurance mediation.



For insurance intermediaries registered under Chapter 2. 4 §

the law on insurance mediation must also firm and


registration number, or equivalent data for the or

the insurance company the insurance intermediary have concluded

agreement with recorded.



The Swedish companies registration office shall record the statement of insurance intermediary

email address. Regulation (2007:587).



§ 9 on insurance intermediaries notified under Chapter 3. section 4 of the Act

(2005:405) on insurance mediation, the information

specified in paragraph 1-5, 7-8 and second subparagraphs refer to the

branch in which the operation is to be carried out.



Even the foreign insurance intermediary firm or for-and

last name, registration number, or date of birth and country of residence

shall be recorded in the register.



section 10 of the companies registration office shall notify as soon as possible after registration

The financial supervision authority if the information has been entered into or

been deleted from the insurance broker registry to inspection

can perform its supervisory function. The notification may be made at

medium for automated processing.



section 11 certain provisions regarding FSA's obligation to

notify the companies registration office, see Act (2005:405) if

insurance mediation.



Chapter 6. Registration fees, etc.



1 § in cases concerning registration under this regulation

fee shall be paid for the handling, examination and

registration, with 850 kroner:



1. when applying for registration to

insurance broker registry, and



2. in the case of notification of withdrawal of registration of affiliated

insurance intermediary in accordance with Chapter 8. section 4, second subparagraph, the law

(2005:405) on insurance mediation.



The fee shall not be paid for the registration of the change of

the indication of a telephone number or mailing address. Fee shall not

either paid for registration that occurs after notification or

notification from the FSA.



section 2 of the Fee shall be paid when the application for registration is submitted

check-in. The fee will not be refunded if any proceedings

has begun.



Chapter 7. Appropriations



section 1 of the financial supervision authority may provide for



1. what the insurance undertaking should observe in relation to the

notification and control of tied insurance intermediaries under the

Chapter 2. section 4 of the Act (2005:405) on insurance mediation,



2. What is meant by good character in economic

Affairs pursuant to Chapter 2. 5 paragraph 2 of the law on

insurance mediation;



3. the knowledge and skills required in Chapter 2. 5 § 3

the law on insurance mediation,



4. What is your insight and experience as required in Chapter 2. 6 §

3 the first paragraph of the law on insurance mediation,



5. What is the legal person should observe under the

Chapter 2. the second subparagraph of paragraph 6 of the law on insurance mediation in

connection with the control of employees,



6. what insurance intermediary to observe when handling

complaints referred to in Chapter 5. section 6 of the law on insurance mediation,



7. what the insurance intermediary to observe when it comes

documentation of the insurance agency and disclosure of

such documentation in accordance with Chapter 6. section 6 of the law on

insurance mediation;



8. what information an insurance intermediary, a

the insurance company or a foreign insurance intermediary

shall submit to the financial supervision authority for its regulatory activities

According to Chapter 7. paragraph 4 of the law on insurance mediation,



9. to certain tasks according to Chapter 7. paragraph 4(1)

the law on insurance mediation must be submitted to the

The FSA instead must be submitted to the Statistical

the Central Bureau,



10. insurance intermediaries ' obligation under

Chapter 6. paragraph 1 of the law on insurance mediation,



11. who should be considered as part of the Management Board of a legal

person as referred to in Chapter 2. 6 paragraph 3 law on

insurance mediation;



12. the detailed content of the notice to be provided

According to Chapter 4. 1 and 2 of the law on insurance mediation, and



13. what information beyond what is apparent from this

Regulation, an application, notification or notification under

the law on insurance mediation should contain and what

data at the same time, must be submitted to the financial supervision authority

or to the companies registration office. Regulation (2014:498).



1 a of Before the FSA announces regulations pursuant to

of 1 § 9, inspection give the Riksbank and Statistical

Central Office the opportunity to comment.

Regulation (2014:498).



section 2 of the financial supervision authority may provide for the

liability insurance required for authorisation in accordance with Chapter 5. 1 §

Act (2005:405) on insurance mediation to exercise such

ancillary activity as described in Chapter 2. 5 section 15 the law

(2007:528) securities market.



For the liability insurance required for permission to

insurance mediation under the Act on insurance mediation,

The FSA provide for



1. the maximum compensation that can be left at any one

loss event,



2. highest total compensation that can be paid for a year,

and



3. indexing of maximum compensation.

Regulation (2007:587).



Chapter 8. Information on employees who have the right to communicate

insurance



section 1 of the financial supervision authority shall, in the case of legal persons

authorized pursuant to Chapter 2. section 1 of the Act (2005:405) if

insurance mediation upon request inform customers and the other on a

an employee of the legal person has the right to convey

insurance and if that right is limited to certain types of

insurance, any classes or groups

of classes.



The insurance company notified a legal entity for

registration pursuant to Chapter 2. paragraph 4 of the law on insurance mediation

shall, on request, inform customers and other if an employee of

the legal entity has the right to convey assurances and

If this right is limited to certain types of insurance, any

or any classes or groups of

classes of insurance. The insurance undertaking shall inform the

The Swedish financial supervisory authority on how customers and others can get some of the

information provided by the insurance company is required to provide.



Transitional provisions



2005:411



1. This Regulation shall enter into force on 1 July 2005.



2. The regulation repeals Regulation (1989:854) if

insurance brokers.



3. the provisions of the Regulation (1989:854) if

insurance broker, however, for insurance brokers

carrying on business under the Act (1989:508) if insurance brokers

with the support of point three in transitional provisions to the Act

(2005:405) on insurance mediation.