Mediation/Frequently questions

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GLOSSARY
RJDSR - Legal framework for the distribution of insurance and reinsurance, approved by Law No. 7/2019, of January 16
ASF - Insurance and Pension Funds Supervisory Authority
PDEAD - Person directly involved in the activity of insurance distribution


 When are fees due for the services of registration, extension of activity, cross-border notifications, certificates and certificates?

What is the minimum schooling requirement for registration as an insurance intermediary, reinsurance intermediary and ancillary insurance intermediary?

Can proof of good repute be digitised?

Can the intermediary (natural person) or the members of the management body of the intermediary (legal person) or the person directly involved in the activity of insurance distribution belong to the governing bodies or be employees of an insurance undertaking?

Are members of the management body responsible for the business of insurance distribution and persons directly involved in the business of insurance distribution able to carry out that business in more than one intermediary?

Is it possible to have non-mediating members in an insurance mediation firm?

Are the mediation courses recognized before the date of entry into force of the RJDSR adequate for the recognition of the appropriate qualification required by the RJDSR?

 What is the qualification required of members of the board of directors of an insurance mediation company?

Can the members of the board of directors designated as responsible for the activity of insurance distribution (or their proxy) or the persons directly involved in the activity of insurance distribution of the companies simultaneously exercise the activity of insurance, reinsurance or ancillary insurance mediator?  

Do intermediaries who cooperate with life insurance undertakings and market sickness and personal accident insurance need to obtain training in non-life insurance, since they are a life insurance undertaking authorised also for non-life insurance?

 Who can be the beneficiary of the guarantee or bank guarantee required from insurance brokers and reinsurance intermediaries?

What is meant by qualified holding?

Can an insurance intermediary's share capital be held by an insurance undertaking?

Quais os procedimentos
What are the procedures for changing the category of insurance intermediar? 


Can insurance undertakings refuse to appoint or change insurance intermediaries or ancillary insurance intermediaries in an insurance contract? 

Can an entity register as both a reinsurance intermediary and an insurance broker? 

Does the person directly involved in the activity of insurance distribution have to be bound to the distributor by a contract of employment?

 How should a nomination of an insurance agent, an insurance broker and a reinsurance intermediary be made? 

In exclusive brokerage contracts, is it compulsory to indicate the classes or can this specification be made in a generic way, such as 'in the classes for which you are authorised'?

Every time an insurance agent enters into a mediation contract with another insurance company, does it have to register that contract on the ASF Portal?

Under what circumstances can the registration of an intermediary be suspended?

Under what circumstances can the registration of an intermediary be cancelled?

How should the information that the insurance intermediary provides to the customer be communicated prior to the conclusion of an insurance contract? 

What is meant by 'establishment open to the public'?

When will the electronic complaints book be available?

Should an establishment open to the public for the purpose of insurance distribution be exclusively dedicated to the activity of insurance distribution?

Is the reception by the intermediary of a cheque issued to the insurance undertaking for payment of a premium subject to the system of premium collection by insurance intermediaries?

How are the requirements of the RJDSR articulated and applied with the specific reality of call centres?

 Can an employee of an insurance company, who wants to operate only in branches not operated by his employer or insurance group, be registered with the ASF as an insurance intermediary? What if the employee also has a similar employment relationship with another insurer that operates branches for which he is authorised to act as an intermediary?

Do agents who conclude insurance contracts through other insurance intermediaries form a portfolio? Are they entitled to customer compensation?

How do you calculate customer compensation?

In the event of the mediator's death, are heirs only entitled to compensation for customers or can they choose between receiving compensation for customers, selling the portfolio to a third party or becoming an heir with the portfolio? 


Can partial portfolio transfers be made by branch, by company or by customer?

Portfolio transfers must be made by written contract. Is it necessary to recognise signatures in person? 

What are the procedures that the insurance company and the intermediary have to have for transfers of portfolios by incorporation?

 Are agents with collection capacity obliged to have an organised accounting system in their finances?


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