Decree No. 196 / 2018 Coll.
Order on applications under the Insurance and Reinsurance Distribution Act
Valid
Effective from 01.12.2018
196
DECLARATION
of 31 August 2018
on applications under the Insurance and Reinsurance Distribution Act
The Czech National Bank provides pursuant to § 124 of Act No. 170 / 2018 Coll., on the distribution of insurance and reinsurance ("the Act ') for the implementation of § 8 (3), § 63 (4) and § 64 (4) of the Act:
Subject matter
(1) This Order provides for details of the application for
(a) an authorisation to act as a separate intermediary; and
(b) the granting of accreditation to carry out professional examinations and the organisation of follow-up training programmes, the modification of accreditation granted and the extension of accreditation.
(2) In addition, this Decree provides for the formats and other technical details of the applications referred to in paragraph 1.
Definition of terms
For the purposes of this decree:
(a) proof of integrity issued by a foreign State, a document similar to the extract from the Register of Penalties which may not be more than 3 months old, issued by a foreign State;
1. where the natural person is a citizen and a foreign State in which the natural person has remained continuously for more than 6 months during the last 3 years; or
2. in which the natural person who is a citizen of the Czech Republic has remained continuously in the last 3 years for more than 6 months, unless the information required to assess integrity is contained in the Annex to the extract from the Register of Penalties; or
3. in which a legal person has or has had its registered office in the last 3 years, as well as in the foreign State in which the legal person has or has had a branch of a business establishment in the last 3 years, where the legal order of that State regulates the criminal liability of legal persons,
(b) evidence of integrity of evidence of integrity issued by a foreign State, a declaration by the applicant of the identity of the natural person, unless that person is the subject of the data kept in the population base register, a declaration containing the information necessary for the measures to be taken to extract the criminal record of the natural person and the data and evidence of the person's current activities over the last 10 years, in particular proof of:
1. the imposition of administrative penalties in connection with the performance of employment, function or business activities;
2. a decision to default or reject an insolvency application for a lack of assets;
3. suspension or withdrawal of an authorisation for a business or other activity, unless it has taken place at the request of a person holding such an authorisation;
4. refusal of the consent of a court or administrative authority to choose, appoint or other profession to serve or acquire qualified participation or to control a person, where such consent has been required; and
5. exclusion from the professional chamber, association or association of persons working in the financial market;
(c) by a regulated institution, a person having an activity similar to that of a bank, a savings and credit cooperative, a securities dealer, an insurance undertaking, a reinsurance undertaking, a payment institution, an electronic money institution, an administrator of payment account information or the business of which is another regulated activity carried out on the financial market if that person has its head office in another Member State and is subject to supervision in the State of that person's registered office.
Application for authorisation to act as a separate intermediary
(K § 8 (3) of the Act)
(1) The details of the application for authorisation for the activity of an independent intermediary, including annexes certifying compliance with the conditions for the operation of an independent intermediary, are:
(a) an extract from the commercial register or other similar business records which may not be more than 3 months old if the applicant is a legal person or an undertaking natural person;
(b) a founding act where the applicant is a legal person who was not created at the date of submission of the application;
(c) an indication of the subject of the activity broken down by group of expertise;
(d) the information referred to in Article 42 (1) (j) of the Act, if the activity is to be carried out in the host Member State and is known at the time of the application;
(e) evidence of credibility assessment
1. the applicant,
2. a member of the statutory body of the applicant or of another person of similar scope, if the applicant is a legal person;
(f) evidence of professional competence pursuant to § 56 (2) to (4) of the Act
1. the applicant, if he is a natural person, or
2. a member of the statutory authority of the applicant or of any other person having similar jurisdiction, if those persons actually manage or are to be liable for the distribution of insurance or reinsurance, if the applicant is a legal person;
(g) data on a person (1) who is the controlling person of the applicant, if the applicant is a legal person, and for that controlling person further:
1. evidence of credibility assessment; where the controlling person is a legal person, also evidence to assess the credibility of members of the statutory body or other persons having similar powers;
2. an extract from the business register or other similar business records which may not be more than 3 months of age, if the controlling person is a legal person or an entrepreneur; and
3. a description of the facts on the basis of which he is the person controlling the applicant,
(h) a list of persons with close links with the applicant, for each such person, the details of the person and the subject of his or her activity, as well as a description of the structure of the group and the way in which he or she is linked with the graphic representation of relations between each closely linked person;
(i) a list of persons having a direct or indirect interest in the applicant's voting rights or capital, for each person, the details of the person and the object of his activity, and a graphic representation of the relationship between those persons, indicating the proportion of the capital or voting rights expressed as a percentage; in the case of an indirect holding, details of the person through whom that person has an indirect holding in the voting rights or in the capital of the applicant,
(j) if the person referred to in (h) or (i)
1. a person established in a Member State other than the Czech Republic, also indicating whether he is a person who is to be authorised by the supervisory authority of another Member State to act as a regulated institution or whether he is a controlling person of that person; or
2. a person established in a Member State who is not a Member State, as well as proof that the legislation of that State and the manner in which it is applied, including its enforceability, does not prevent the effective exercise of supervision over a separate intermediary;
(k) the compulsory insurance contract under Section 13 of the Act;
(l) a description of the arrangements for securing and checking the requirements set out in Section 54 (3) of the Act, if the applicant is entitled to receive insurance premiums or to mediate the payment of insurance premiums or other insurance benefits; and
(m) details of the person authorised to distribute the insurance or reinsurance for which the independent intermediary will be entitled to mediate the insurance or reinsurance, if this information is known to the applicant at the time of the request.
(2) Where the controlling entity is a regulated institution, the applicant may, instead of the data and documents referred to in paragraph 1 (g) (1), submit a confirmation to the supervisory authority of the supervisory authority of the controlling entity that he is subject to his supervision, whose credibility has been checked by that authority, and that he has no up-to-date knowledge indicating his non-trustworthiness.
(3) Where a foreign State does not issue a proof of integrity issued by a foreign State pursuant to Article 2 (a) and where the information necessary for the assessment of integrity cannot be substantiated by an annex to the extract from the Register of Penalties, the application for confirmation by the person concerned of its integrity certified by the court, the Office, authorised or notarised by the competent foreign State, shall be accompanied by a request.
Award of accreditation for professional examinations and organisation of follow-up programmes, change of accreditation and extension of accreditation
(Articles 63 (4) and 64 (4) of the Act)
(1) The details of the application for accreditation to carry out professional examinations and the organisation of follow-up training programmes, including annexes certifying compliance with the conditions for accreditation, are:
(a) an extract from the commercial register or other similar business records which may not be more than 3 months old if the applicant is a legal person or an undertaking natural person;
(b) an indication of the scope of accreditation broken down by group of competence;
(c) evidence of credibility assessment
1. the applicant,
2. a member of the statutory body of the applicant or of another person of similar scope, if the applicant is a legal person;
(d) evidence of compliance with material, organisational and personnel requirements for carrying out professional examinations and organising follow-up training programmes, in particular:
1. a list and a description of the areas where professional examinations will be carried out and subsequent training programmes organised, including data on the number and capacity of test rooms;
2. a description of technical and programme means for carrying out professional examinations and organising follow-up training programmes;
3. a draft internal regulation governing the organisation of the applicant; and
4. the list of the members of the Examination Board and, for each member of the Examination Board, the person, the evidence of credibility and the evidence of education;
(e) a proposal for a test schedule; and
(f) details of the person who is the controlling person of the applicant, if the applicant is a legal person, and for that controlling person;
1. evidence of credibility assessment; where the controlling person is a legal person, also evidence to assess the credibility of members of the statutory body or other persons having similar powers;
2. an extract from the business register or other similar business records which may not be more than 3 months of age, if the controlling person is a legal person or an entrepreneur; and
3. a description of the facts on the basis of which he is the person controlling the applicant.
(2) Where the controlling entity is a regulated institution, the applicant may, instead of the data and documents referred to in paragraph 1 (f) (1), submit a certificate to the supervisory authority of the supervisory authority of the controlling entity that he or she is subject to his or her supervision whose credibility has been verified by that authority and that he or she has no up-to-date knowledge of his or her non-credibility.
(3) Where a foreign State does not issue a proof of integrity issued by a foreign State pursuant to Article 2 (a) and where the information necessary for the assessment of integrity cannot be substantiated by an annex to the extract from the Register of Penalties, the application for confirmation by the person concerned of its integrity certified by the court, the Office, authorised or notarised by the competent foreign State, shall be accompanied by a request.
(4) The details of the application for amendment of the accreditation granted shall be:
(a) an indication of the change requested by the accredited person; and
(b) the indication or document referred to in paragraph 1 which relates to this change and certifies compliance with the legal conditions for carrying out the activity of the accredited person.
(5) The details of the details of the application for extension of accreditation shall be a declaration by the accredited person that the data and documents certifying compliance with the legal conditions attached to the application for accreditation referred to in paragraph 1 or the application for amendment of the accreditation granted pursuant to paragraph 4 are up to date.
Formats and other technical details of the application
Applications shall be submitted in the Portable Document Format (pdf) data format or in another data format commonly used in electronic contact.
Common provisions
(1) Where the nature of the case excludes the submission of the information or document for the application required by this Decree and if it is not sufficiently obvious from the application, the applicant shall provide, as a requirement of the application, a justification for the non-submission of the data or document and, where possible, provide evidence of those reasons.
(2) The proof of integrity issued by a foreign State under Paragraph 2 (a) (1) may be replaced by an extract from the Register of Penalties, together with an annex containing the information entered in the criminal record of that foreign State.
(3) The applicant does not need to submit the information or documents required by this decree if they are publicly available in the current form in the public administration information systems2) or if the Czech National Bank is currently available. Non-submission of such data or documents shall be justified by the applicant.
Efficacy
This Decision shall enter into force on 1 December 2018.
Governor:
Ing. Rusnok v. r.
1) § 2 (h) of Act No. 170 / 2018 Coll., on insurance and reinsurance distribution.
2) For example, Act No. 304 / 2013 Coll., on Public Register of Legal and Natural Persons and on the Registration of Trust Funds, as amended, Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
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Regulation Information
| Citation | Decree No. 196 / 2018 Coll., on applications under the Insurance and Reinsurance Distribution Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.09.2018 |
|---|---|
| Effective from | 01.12.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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