2020-01-20
The Financial Sector Conduct Authority mandates new distribution channel and intermediation rules for microinsurers, governing intermediary agreements with representatives and independent intermediaries. The framework specifies uncapped commissions for risk, funeral, and most non-life business, while capping credit life premiums and high-value motor benefits. It further regulates binder agreements by defining permitted functions, fee structures for non-mandated intermediaries and underwriting managers, and imposes strict 30-day advance notification for new agreements and 60-day termination reporting to the FSCA.
Distribution channels and intermediation arrangements
Topics covered
Types of agreements Definition: agreement entered into between a microinsurer and an intermediary outlining the terms under which the intermediary will render services as intermediary in respect of the microinsurer’s policies. Intermediary agreements may be concluded with the following types of intermediaries: ➢ Representatives ➢ Independent intermediaries 3
Criteria for appointment Criteria for appointment of representatives: The representative must be duly appointed by the microinsurer and meet the FAIS Fit and Proper requirements, including product knowledge competency requirements Criteria for appointment of independent intermediaries: The independent intermediary must be a licensed FSP and meet the FAIS product knowledge competency requirements in respect of the policies offered by the microinsurer 4
Parties to intermediary agreements Parties to the intermediary agreement ▪ Microinsurer and intermediary concerned (representative/independent intermediary) ▪ Agreement may not be entered into by a third party acting on behalf of the microinsurer or the intermediary Obligations of the microinsurer ▪ The microinsurer must furnish the intermediary with a written copy of the intermediary agreement setting out the terms and conditions Termination of intermediary agreement ▪ Representatives: upon termination of appointment ▪ Independent intermediaries: upon withdrawal or suspension of FSP licence 5
Remuneration Remuneration of intermediaries • Uncapped commission on "risk” and “funeral” classes of business • Commission caps only apply to “credit life” class of business • Uncapped commission is also applicable to non-life microinsurance classes of business, except for motor class where aggregate value of benefits exceeds R120 000 6
Binder agreements Definition: written agreement between a microinsurer and a person (binder holder) to do any one or more of the following functions on behalf of the microinsurer: • Enter into, vary or renew a policy • Determine the wording of a policy • Determine premiums under a policy • Determine the value of policy benefits • Settle claims 7
Types of binder holders
Types of binder holders (cont.) 2. Underwriting managers (UMAs) ➢Act as agents of the insurer ➢May not sell policies directly to policyholders ➢May render any other intermediary services (apart from selling), to policyholders ➢Earn binder fees and commission, provided there is no duplication of charges ➢May share in profits with the microinsurer 9
Binder fees 10 BINDER FUNCTION MAXIMUM FEE PAYABLE Enter int, vary or renew a policyFunction (a) Function (a) only 3.5% Determine the wording of a policy
Reporting requirements • A microinsurer must notify the FSCA, at least 30 days before entering into a binder agreement. • A microinsurer must, at least 60 days before the termination period, inform the FSCA in writing: ➢ Of the date on which the binder agreement will terminate; ➢ Of the reasons for the termination of the binder agreement; ➢ How the policies to which the binder agreement relates will be dealt with; ➢ How any legislative requirements relating to the termination of the binder agreement or policies, will be complied with. 11
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