Decree No. 582 / 2004 Coll.
Decree implementing certain provisions of the Insurance Intermediaries and Insurance Liquidators Act
Valid
Order
Effective from 01.01.2005
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582
DECLARATION
of 18 November 2004
implementing certain provisions of the Insurance Intermediaries and Insurance Liquidators Act
The Ministry of Finance (hereinafter referred to as "the Ministry ') provides, pursuant to § 12 (1), § 16 (2), § 18 (3) and (10) and § 22 (2) of Act No. 38 / 2004 Coll., on Insurance Intermediaries and Separate Insurance Liquidators and on the amendment of the Commercial Law (Act on Insurance Intermediaries and Insurance Liquidators) (hereinafter referred to as" the Act'):
Subject matter
This decree provides for:
(a) the shape and content of the registration numbers;
(b) the particulars of the certificates of entry in the register of insurance intermediaries and individual claims liquidators (hereinafter referred to as the register);
(c) a list of documents proving completion of the vocational studies;
(d) the method of carrying out the professional examination for the basic qualification degree;
(e) the extent of the expertise minimum for the basic, medium and higher level of competence;
(f) the composition and scope of the professional examinations of the insurance agent and the insurance broker, including the conditions under which such examinations may be carried out;
(g) details and form of the annual activity report of the insurance agent and broker.
Shape and content of registration numbers
(1) The registration number shall be composed of a combination of numbers and letters.
(2) The registration number shall include:
(a) the order in which the person is entered in the register, expressed by a six-digit number starting with 000001;
(b) a letter of the part of the register in which the registered person is registered, composed of the letters:
1. "VPZ" which expresses the registration of the linked insurance intermediary,
2. "PPZ" which expresses the registration of the subordinate insurance intermediary,
3. "VPA" which expresses the registration of the sole insurance agent,
4. "PA" which expresses the registration of an insurance agent,
5. "PM" which expresses the registration of the insurance broker,
6. "PZ-..." which expresses the registration of an insurance intermediary from another Member State, with an international mark of the State of residence of the intermediary after a dash,
7. "SLPU" which expresses the registration of a separate liquidator of claims.
Forms of the certificate of registration
(1) The certificate of entry in the register of a natural person shall contain:
(a) the name and, where appropriate, the names and surnames, the academic title, and, if applicable, the business name,
(b) the date of birth;
(c) the address of the place of residence and the place of business, if different from the place of residence;
(d) the date of registration in the register;
(e) the designation of the register and the registration number under which the natural person is registered;
(f) the object of the business for which the natural person was registered;
(g) an address at which registration can be verified.
(2) The certificate of registration shall include:
(a) a business name or name,
(b) the registered office and identification number,
(c) the name and, where applicable, the name and surname, the date of birth and the address of the place of residence of the agent responsible, where the legal person is required to appoint that representative;
(d) the date of registration in the register;
(e) the name of the register and the registration number under which the legal person is registered;
(f) the object of the business for which the legal person was registered;
(g) the address at which registration can be verified; and
(h) the address of the organisational component of the enterprise located in the Czech Republic, if it is an insurance intermediary established in a Member State other than the Czech Republic.
(3) The certificate of registration shall be stamped with the round stamp of the Czech National Bank and the signatures of the two authorised staff of the Czech National Bank, indicating their names and, where appropriate, their names, surnames and functions. The model of the certificate of entry in the register referred to in paragraph 1 shall be as set out in Annex 1 to this Regulation. The model of the certificate of entry in the register referred to in paragraph 2 shall be as set out in Annex 2 to this Regulation.
List of documents proving completion of vocational studies
The evidence demonstrating completion of the vocational studies shall be:
(a) a university diploma on the completion of a Bachelor's, Master's or doctoral degree programme; or
(b) proof of completion of vocational studies at a university or secondary school.
Method and conditions for carrying out the professional examination for the basic qualification degree
(1) The professional examination for the basic qualification degree of competence shall consist of a written test, the content of which shall be based on the requirements of the professional minimum of knowledge laid down in this Decree for the basic qualification degree of competence and the oral part.
(2) The candidate for the professional examination (hereinafter referred to as the candidate), who correctly answered at least 80% of the questions of the written test, succeeded in the professional examination and did not submit to the oral part of the professional examination.
(3) A candidate who has correctly answered at least 60% of the questions of the written test, but less than 80% of the questions of the written test, shall undergo the oral part of the professional examination and, on the basis of its outcome, have overall succeeded or failed in the professional examination.
(4) A candidate who correctly answered less than 60% of the questions of the written test failed the test and does not submit to the oral part of the test.
(5) A candidate who has withdrawn or failed the test may repeat the test at any other time.
(6) A school, a training establishment, a specialised professional institution or an insurance undertaking with which the applicant has passed a professional examination for the basic degree of professional competence shall issue a certificate of the basic qualification degree of professional competence of the insurance intermediary or of the individual liquidator according to the model set out in model No 1 of Annex No 8 to this Regulation, in two copies, as evidence of the professional examination carried out. The certificate shall be stamped and signed by the authorised person.
Scope of professional knowledge minima for basic, medium and higher level of competence
Scope of expertise minima for
(a) the basic qualification degree is set out in Annex 3 to this decree;
(b) the medium qualification degree is set out in Annex 4 to this Decree; and
(c) a higher qualification degree is given in Annex 5 to this decree.
Method of composition and scope of professional examinations of the insurance agent and of the insurance broker, including conditions under which such examinations may be carried out
(1) The purpose of the professional examination of an insurance agent or an insurance broker is to verify that the tenderer fulfils the professional competence to carry out an intermediary activity for which the law provides for a medium or higher qualification degree.
(2) The examination will be carried out by a candidate who submits a written application to the Czech National Bank no later than 40 days before the proper examination date and on the prescribed form, the model of which is set out in Annex 7 to this Order. The proper test dates shall be 1 March, 1 June, 1 September and 1 December; if this date falls on the day of leave or leave, the test date shall be the first working day thereafter. If a higher number of candidates than could be tested in the proper examination period, the Czech National Bank will declare an exceptional examination term. The Czech National Bank shall publish the place of proper professional examination and the place and date of extraordinary professional examination no later than 25 days before the examination date on its website.
(3) The applicant shall submit to the expert examination within the time limit referred to in paragraph 2 which he has indicated in the application or an exceptional examination period; in that case, the Czech National Bank shall notify the applicant in writing of the date and place of the examination no later than 15 days before the examination.
(4) The technical examination for the intermediate and higher degree of competence consists of a written test, the content of which is based on the requirements of the professional minimum of knowledge laid down in this Decree for the intermediate or higher degree of competence, and the oral part.
(5) The candidate, who correctly answered at least 80% of the questions of the written test, succeeded in the professional examination and did not submit to the oral part of the professional examination.
(6) A candidate who has correctly answered at least 60% of the questions of the written test, but less than 80% of the questions of the written test, shall undergo the oral part of the professional examination and, on the basis of its outcome, have overall succeeded or failed in the professional examination.
(7) A candidate who correctly answered less than 60% of the questions of the written test failed the test and does not submit to the oral part of the test.
(8) A candidate who has withdrawn or failed the test may repeat the test within a further test period.
(9) The examination committee shall issue a certificate of the intermediate or higher qualification degree of competence of the insurance intermediary, in accordance with model No 2 set out in Annex No 8 to this Regulation, to the tenderer who successfully passed the professional examination as evidence of the professional examination carried out. The certificate shall be stamped by the Czech National Bank and signed by the Chairman of the Examination Committee. The Czech National Bank shall send a certificate thus drawn up to the applicant's own hands within 15 days of the date of payment of the administrative fee (1).
(10) One copy of the certificate, written tests completed, signed by the Chairman of the Examination Committee and a report on the course of the Czech National Bank's examination shall be archived.
Institutions authorised to provide training programmes
School education programmes, education programmes or lifelong learning programmes aimed at achieving professional competence shall be provided by schools, training facilities or specialised professional institutions listed by the Czech National Bank in a way that allows remote access on its website, as well as by insurance companies authorised by the Czech National Bank to operate this activity as activities related to authorised insurance activities.
Details and format of the annual activity report of the insurance agent and insurance broker
(1) The annual activity report (hereinafter referred to as the "activity statement") of the insurance agent and insurance broker, which is a natural person, with the exception of the sole insurance agent, contains:
(a) his name and, where appropriate, his name, his surname, his title and, if applicable, his business name and business name,
(b) his place of residence and the address of the place of business, if different from the place of residence;
(c) his registration number,
(d) the list of insurance undertakings for which it has been active during the previous calendar year, if it is an insurance agent;
(e) the list of insurance undertakings to which he has facilitated the conclusion of an insurance contract for his clients during the previous calendar year, if it is for an insurance broker;
(f) the volume of transactions made by him during the previous calendar year, in total and per insurance undertaking,
(g) the volume of premiums and, where appropriate, intermediate premiums recovered by him, provided that he has been authorised to transfer such funds during the previous calendar year; and
(h) the list of insurance intermediaries residing or having their registered office in a Member State other than the Czech Republic for which it was active.
(2) The statement of the activities of the insurance agent and the insurance broker which is a legal person, with the exception of the sole insurance agent, contains:
(a) its trading firm or, where appropriate, its name;
(b) its registered office and the addresses of all its branches;
(c) his registration number, identification number,
(d) the list of insurance undertakings for which it has been active during the previous calendar year, if it is an insurance agent;
(e) the list of insurance undertakings to which he has facilitated the conclusion of an insurance contract for his clients during the previous calendar year, if it is for an insurance broker;
(f) the volume of transactions made by him during the previous calendar year, in total and per insurance undertaking,
(g) the volume of premiums and, where appropriate, intermediate premiums recovered by him, provided that he has been authorised to transfer such funds during the previous calendar year; and
(h) the list of insurance intermediaries residing or having their registered office in a Member State other than the Czech Republic for which it was active.
(3) The volume of the closed transactions shall be expressed in the statement by the number of insurance contracts the insurance intermediary has brokered in return for payment during the reference period and the amount of premiums written relating to those insurance contracts.
(4) The total amount of premiums shall be expressed in the statement by the insurance intermediary of the premiums received, which shall be attributable to the volume of transactions concluded by him.
(5) The volume of the insurance performance shall be expressed in the statement in the total amount of the claims the insurance intermediary has facilitated to the beneficiary during the reference period.
(6) The activity report is submitted to the Czech National Bank in electronic form through the application of the Czech National Bank for data collection, which is available in a way that allows remote access. The electronic form of the activity statement shall be provided by the insurance agent or insurance broker by a verification code, which the Czech National Bank shall assign and notify within 30 days of the date of registration. If it is registered at the same time as an insurance agent and as an insurance broker, the Czech National Bank will assign a verification code separately for each registration.
(7) The insurance agent or insurance broker shall also draw up a report in paper form and shall affix it to the date of its drawing up and signature of the authorised person. If the insurance agent or insurance broker is a legal person, the statement shall also be signed by its responsible agent. The paper business statement shall be kept by the insurance agent or insurance broker for the purpose of supervising the business of insurance intermediaries.
Efficacy
This Decree shall take effect on 1 January 2005.
Minister:
Sobotka v. r.
Příloha č. 1
Annex No 1 to Decree No 582 / 2004 Coll.
CERTIFICATE
ON THE REGISTER OF INSURANCE SUPERVISORS AND SELECTED INSURANCE EVENTS
Příloha č. 2
Annex No 2 to Decree No 582 / 2004 Coll.
CERTIFICATE
ON THE REGISTER OF INSURANCE SUPERVISORS AND SELECTED INSURANCE EVENTS
Příloha č. 3
Annex No 3 to Decree No 582 / 2004 Coll.
SCOPE OF THE COMPETITION AND NOTIFICATION FOR THE BASIC QUALIFICATION STUDY OF THE COMPETENT ELIGIBILITY OF INSURANCE DEPARTMENTS AND AUDIBLE INSURANCE DATORS
I. Private insurance legislation
1. Basic terms
2. State supervision in insurance (its performance, forms and instruments)
3. Confidentiality and protection of personal data (obligations, penalties)
II. Private insurance legislation
1. General legal concepts (legal personality, legal acts, legal capacity, liability)
2. Basic Terms of the Insurance Contract Act
3. Insurance, creation, termination, interruption, insurance contract
4. Damage insurance
5. Reinsurance
6. Information provided by candidates and policyholders
7. Compulsory insurance
III a. Insurance intermediation (for insurance intermediaries only)
1. Basic concepts of the Act on Insurance Intermediaries and Separate Insurance Liquidators
2. Presumption of activity of insurance intermediaries (registration, single European market)
3. Legal relations between insurance undertaking and insurance intermediary
4. State supervision of the operation (scope, measure)
5. Rights and obligations of the insurance intermediary (vis-à-vis the client, insurance company, e.g. the process of negotiating insurance, information obligation, but also liability for damage, consequences of breach of obligations)
III b. Liquidation of claims (for separate claims liquidators only)
1. Basic concepts of the Act on Insurance Intermediaries and Separate Insurance Liquidators
2. Presumption of the activity of separate claims liquidators
3. Legal relations between an insurance undertaking and a separate liquidator of claims
4. State supervision of the operation (scope, measure)
5. Rights and obligations of the individual liquidator of claims (vis-à-vis the client, insurance company, liability for damage, consequences of infringement, etc.)
IV. Other requirements
1. Tax adjustment of insurance from the client's perspective
2. Ethics in the performance of the business of the insurance intermediary and of the independent liquidator of claims (Codes of Ethics)
Příloha č. 4
Annex No 4 to Decree No 582 / 2004 Coll.
SCOPE AND NOTIFICATION OF THE MEDIUM QUALIFICATION STUDY OF THE COMPETENT ELIGIBILITY OF INSURANCE DEPARTMENTS
I. Private insurance legislation
1. Basic terms
2. Basic terms of life insurance and non-life insurance
3. State supervision in insurance (scope, measure)
4. Basic criteria for assessing the stability of the insurance undertaking
5. Confidentiality and protection of personal data (obligations, penalties)
6. Selected legislation: Act on certain measures against the legalisation of proceeds from crime, Act on Public Procurement, Selected provisions of the Commercial Code (competition) and Selected provisions of the Criminal Act (insurance fraud).
II. Private insurance legislation
1. General legal concepts (legal personality, legal acts, legal capacity, liability)
2. Basic Terms of the Insurance Contract Act
3. Insurance, creation, termination, interruption, insurance contract
4. Damage insurance
5. Reinsurance
6. Insurance of goods and other property
7. Damage liability insurance
8. Legal protection insurance
9. Life insurance, accident and sickness insurance
10. Compulsory insurance
11. Information provided by candidates and policy holders
III. Insurance brokerage
1. Basic concepts of the Act on Insurance Intermediaries and Separate Insurance Liquidators
2. Presumption of activity of insurance intermediaries (registration, single European market)
3. Legal relations between insurance undertaking and insurance intermediary
4. State supervision of the operation (scope, measure)
5. Analysis of insurance products, selection of insurance product and principles of calculation of insurance premiums
6. Rights and obligations of the insurance intermediary (vis-à-vis the client, insurance company, e.g. the procedure for negotiating insurance, information obligation, but also liability for damage, consequences of infringement)
IV. Other requirements
1. Principles of risk assessment for insurance purposes
2. Tax treatment of insurance from the client's perspective
3. Ethics in the performance of the business of the insurance intermediary and of the independent liquidator of claims (Ethics Codes)
Příloha č. 5
Annex No 5 to Decree No 582 / 2004 Coll.
SCOPE OF THE EXPORT AND DISCLOSURE FOR THE HIGHER QUALIFICATION STUDY OF THE COMPETENT ELIGIBILITY OF INSURANCE DEPARTMENTS
I. Private insurance legislation
1. Basic terms
2. Basic terms of life insurance and non-life insurance
3. Basic conditions for the operation of collateral
4. Large insurance risks
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Regulation Information
| Citation | Decree No. 582 / 2004 Coll., implementing the law on insurance intermediaries and insurance claims liquidators |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.11.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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