Regulations for Insurance Intermediaries in Business Operations
Introduction
Insurance intermediaries play a crucial role in the insurance industry by connecting clients with insurance providers. However, it is essential to establish regulations to ensure fair and ethical business practices. This article details the regulations for insurance intermediaries in their business operations, covering aspects such as remuneration, outsourcing, filing of returns, disclosures to the authority, and amalgamation and transfer of business.
Ceiling on Business from Single Client
(1) Insurance intermediaries must conduct their business in a manner that limits the remuneration from any single client to not exceed 50 percent in a financial year.
Explanation: According to this regulation, the term "client" includes associates, subsidiaries, or group concerns under the same management in the case of firms or companies.
(2) The authority's decision on whether an associate, subsidiary, or group concern falls under the same management as a company or firm is final.
(3) Along with audited accounts, insurance intermediaries must provide a certificate from a practicing Chartered Accountant, practicing Company Secretary, practicing Cost Accountant, or any other qualified individual specified by the authority, confirming compliance with these regulations.
Outsourcing of Activities by Insurance Intermediary
Insurance intermediaries have the opportunity to outsource specific activities as specified by the authority.
Filing of Returns
Insurance intermediaries are required to file periodical returns as specified by the authority.
Disclosures to the Authority
(1) Insurance intermediaries must obtain prior approval from the authority for the following:
(i) Change of Principal Officer/Branch Head
(ii) Change of Director(s)/Partner(s)/Member(s)
Note: The authority should be informed in case of resignation by any director/partner/member.
(iii) Change of Name
(iv) Change of Corporate/Registered Office
(2) Insurance intermediaries must furnish the following information to the authority in case of changes or additions to the previously provided information:
(i) List of Broker Qualified Persons or Specified Persons
(ii) Claims under the Professional Indemnity Policy
Explanation: The above requirements apply to insurance intermediaries registered as Insurance Brokers and Corporate Agents.
(3) The authority may request insurance intermediaries to provide information, data, or documents in a manner and at specific intervals determined by the authority.
Amalgamation and Transfer of Business
(1) Insurance intermediaries must adhere to the regulations when undertaking any schemes of amalgamation, merger and acquisition, or transfer of business.
(2) No insurance intermediary can implement a scheme of amalgamation, merger, acquisition, or transfer of business without prior approval from the authority.
Note: This requirement does not apply if the insurance intermediary is established as a branch office in the IFSC, and the business to be transferred is not transacted by the IIIO.
(3) In case the IIIO is established as a branch in an IFSC, it should inform the authority about changes resulting from a scheme of amalgamation or merger and acquisition within thirty (30) days of such changes.
(4) An IIIO cannot implement a scheme of transfer of business, wholly or partly unless the prior approval of the authority is obtained. However, the transferor cannot act as an insurance intermediary for the transferred business beyond six (6) months.
(5) An IIIO cannot implement a scheme of transfer of business resulting in the voluntary surrender of registration by the transferor without prior approval from the authority.
(6) The process for seeking approval should follow the form and manner specified by the authority.
The regulations outlined above provide a comprehensive framework for insurance intermediaries to operate in a fair and transparent manner. By adhering to these regulations, insurance intermediaries can ensure compliance, maintain trust with clients, and contribute to the growth and integrity of the insurance industry.
Sale of Insurance through Digital Modes
The sale of insurance products through digital modes has become increasingly prevalent in the modern landscape. Insurance intermediaries, also known as IIIOs (Insurance Intermediary and Insurance Intermediary Organization), play a vital role in this process. This article explores the regulations and procedures for the sale of insurance products through digital channels, highlighting the benefits and conditions specified by the Authority.
Agreements with Insurers for Online Sales
(1) IIIOs have the opportunity to establish agreements with insurers to facilitate the sale of insurance products online. This can be achieved through linking to the insurers' web portals or by creating their own insurance self-network platform.
Solicitation of Insurance through Digital Channels
(2) IIIOs are authorized to solicit insurance through digital modes, subject to the conditions specified by the Authority. These conditions ensure transparency, consumer protection, and compliance with relevant regulations.
Streamlined Procedure for Online and Tele-Marketing Sales
(3) In cases where leads for insurance products are generated online or offline and completed through tele-marketing, IIIOs must adhere to the procedure defined by the Authority. This procedure aims to provide a standardized and efficient process while maintaining the necessary checks and balances.
Enhancing Efficiency and Convenience
The shift towards digital sales of insurance products offers several advantages for both consumers and insurance intermediaries. By leveraging digital technology, IIIOs can streamline processes, reduce paperwork, and provide convenient access to a wide range of insurance options
Power to Specify Procedures and Issue Clarifications
The Authority holds the power to establish norms, procedures, and processes to facilitate and regulate financial services in the insurance and reinsurance business activities within an International Financial Services Centre (IFSC). These regulations ensure compliance with the provisions of the Act. By issuing guidelines or circulars, the Authority provides necessary clarifications and relaxations as deemed fit.
Inspection, Investigation, and Information
The Authority is vested with the authority to inspect and investigate the affairs of insurance intermediaries. It may request information from the IIIO or the applicant pertaining to their activities as an IIIO. This ensures transparency and adherence to regulations.
Action in Case of Default
If, after an inspection, investigation, or other means, the Authority determines that an IIIO is not conducting its operations in accordance with the provisions of the Act, rules, regulations, or guidelines, or if its activities are not in the best interests of the International Financial Services Centres, appropriate disciplinary action may be taken. This action may include suspension or cancellation of the IIIO's certificate, following an opportunity for the IIIO to present their submissions. Additionally, the Authority retains the right to take any other necessary action as determined by the Act.
Surrender of Certificate
An applicant seeking to close its IIIO and surrender its certificate must first obtain approval from the Authority. This process ensures compliance and proper management of the transition.
Repeals and Savings
Upon the official notification of these regulations in the gazette, the provisions of the IRDAI Guidelines bearing Ref. No. IRDA/RI/GDL/MISC/012/01/2019 dated 16th Jan 2019 will be repealed. Notwithstanding this repeal, any actions taken under the aforementioned guidelines will be considered as executed under the corresponding provisions of these regulations. For IIIOs operating in the IFSC before the notification of these regulations, compliance with any additional requirements introduced by these regulations must be fulfilled within six months from the notification date or within a specified extended timeframe determined by the Authority.
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