Decision on the Content and Manner of Keeping Data Registers of Insurance Undertakings and Other Subjects of Supervision

RS Official Gazette, Nos 42/2015 and 11/2017 Pursuant to Article 16, paragraph 5 of the Law on Insurance (RS Official Gazette, No 139/2014) and Article 15, paragraph 1 of the Law on the National Bank of Serbia (RS Official Gazette, Nos 72/2003, 55/2004, 85/2005 – other law, 44/2010, 76/2012, 106/2012 and 14/2015), the Executive Board of the National Bank of Serbia issues the following D E C I S I O N ON THE CONTENT AND MANNER OF KEEPING DATA REGISTERS OF INSURANCE/REINSURANCE UNDERTAKINGS AND OTHER SUBJECTS OF SUPERVISION IN INSURANCE I. INTRODUCTORY PROVISIONS

1. This Decision sets out the content and manner in which the National Bank of Serbia (hereinafter: NBS) keeps data registers on insurance/reinsurance undertakings, insurance brokerage undertakings, insurance agency undertakings, natural persons – entrepreneurs who carry on insurance agency activities, banks, financial leasing providers and public postal operators with the head office in the Republic of Serbia founded in accordance with law, which carry on insurance agency activities based on the prior approval of the NBS, as well as on certified actuaries, certified brokers in insurance and certified agents in insurance (hereinafter: subject of supervision). This Decision also prescribes the manner of entering and changing data in the registers referred to in paragraph 1 hereof (hereinafter: registers), as well as the manner of deleting data from the registers.
2. The NBS shall keep the following registers:

1. Register of joint stock insurance/reinsurance undertakings;
2. Register of mutual insurance undertakings;
3. Register of insurance brokerage undertakings;
4. Register of insurance agency undertakings;
5. Register of natural persons – entrepreneurs who carry on insurance agency activities;
6. Register of banks, financial leasing providers and the public postal operator that carry on insurance agency activities based on the prior approval of the NBS;
7. Register of certified actuaries;
8. Register of certified brokers in insurance;
9. Register of certified agents in insurance.

3. The NBS shall keep the registers as publicly accessible electronic databases where data are entered and stored in accordance with law. The Registers shall be published on the NBS website.
4. Personal data related to the subjects of supervision on which the registers are kept shall be collected, processed, stored and used in accordance with the law regulating personal data protection. II. CONTENTS OF THE REGISTERS

2 Register of joint stock insurance/reinsurance undertakings 5. The register of joint stock insurance/reinsurance undertakings shall contain:

1. reference number;
2. business name, head office and head office address;
3. activities of the undertaking;
4. number and issue date of the operating licence;
5. data on the founder and/or the person having a qualifying holding in accordance with the Law on Insurance (hereinafter: qualifying holder) – business name, head office, identification number of the undertaking and its tax identification number (TIN) and/or name and unique citizen identification number of a domestic natural person or name, number and the issuing state of the passport of a foreign natural person, as applicable, share in the capital and/or voting rights within the undertaking, as well as the reference number and date of the decision on approval to acquire/increase a qualifying holding in an undertaking;
6. data on the director/executive director and a member of the supervisory board of the undertaking (hereinafter member of management) – name and unique citizen identification number of a domestic natural person or name and number and the issuing state of the passport of a foreign natural person, as applicable, as well as the number and date of the decision on approval for carrying out the function of a member of management;
7. balance sheet and income statement, together with a certified auditor’s opinion for the last business year;
8. name and (international) country code of the state where the insurance undertaking carries on its activities as well as the manner of carrying out such activities (directly or via a branch);
9. information on supervisory measures imposed on the undertaking – public disclosure of information about the failure of the undertaking to meet its obligations or failure to meet them in a timely manner, or about the undertaking’s non-compliance with the regulations, temporary measure prohibiting the undertaking from carrying on compulsory traffic insurance activities, dismissal or suspension of a member of management, introduction of temporary administration, and transfer of the insurance portfolio – as well as the number and the date when such measures were imposed. The register herein shall contain the identification number of the undertaking, tax identification number (TIN), telephone and telefax numbers, email and the website address of the joint stock insurance/reinsurance undertaking. Register of mutual insurance undertakings

6. The register of mutual insurance undertakings shall contain the following:

1. reference number;
2. business name, head office and head office address;
3. activities of the undertaking;
4. number and issue date of the operating licence;
5. number of founders;
6. data on the qualifying holder – business name, head office, identification number of the undertaking and its tax identification number (TIN), and/or name and unique citizen identification number of a domestic natural person or name and number and the issuing state of the passport of a foreign natural person, as applicable, the share of

3 holding in the capital and voting rights within the undertaking, as well as the number and date of the decision on approval to acquire/increase a qualifying holding in an undertaking; 7) data on a member of management – name and unique citizen identification number of a domestic natural person or name, number and the issuing state of the passport of a foreign natural person, as applicable, as well as the number and date of the decision on approval for carrying out the function of a member of management; 8) balance sheet and income statement, together with a certified auditor’s opinion for the prior business year; 9) information on supervisory measures imposed on the undertaking – public disclosure of information about the failure of the undertaking to meet its obligations or failure to meet them in a timely manner, or about the undertaking’s non-compliance with the regulations, temporary measure prohibiting the undertaking from carrying on compulsory traffic insurance activities, dismissal or suspension of a member of management, introduction of temporary administration and transfer of the insurance portfolio – as well as the number and the date when such measures were imposed. The register herein shall contain the identification number of the undertaking, tax identification number (TIN), telephone and telefax numbers, email and the website address of the mutual insurance undertaking. Register of insurance brokerage undertakings 7. The register of insurance brokerage undertakings shall contain:

1. reference number;
2. business name, head office and head office address;
3. activities of the undertaking;
4. number and issue date of the licence to carry on insurance/reinsurance brokerage activities;
5. data on the founder and/or qualifying holder – business name, head office, identification number of the undertaking and its tax identification number (TIN) and/or name and unique citizen identification number of a domestic natural person or name, number and the issuing state of the passport of a foreign natural person, as applicable, its share of holding in the capital and voting rights within the undertaking, as well as the number and date of the decision on approval to acquire/increase a qualifying holding in an undertaking;
6. data on the member of management – name and unique citizen identification number of a domestic natural person or name, number and the issuing state of the passport of a foreign natural person, as applicable, as well as the number and date of the decision on approval for carrying out the function of a member of management;
7. name and (international) country code of the state where the insurance/reinsurance brokerage undertaking carries on its activities, as well as the manner of carrying out such activities (directly or via a branch);
8. information on supervisory measures imposed on the undertaking – public disclosure of information about the failure of the undertaking to meet its obligations or failure to meet them in a timely manner, or about the undertaking’s non-compliance with the regulations, dismissal and/or suspension of a member of management – as well as the number and the date such measures were imposed.

4 The register herein shall contain the identification number of the undertaking, tax identification number (TIN), telephone and telefax numbers, email and the website address of the insurance brokerage undertaking. Register of insurance agency undertakings 8. The register of insurance agency undertakings shall contain:

1. reference number;
2. business name, head office and head office address;
3. activities of the undertaking;
4. number and issue date of the licence to carry on insurance agency activities;
5. data on the founder and/or qualifying holder – business name, head office, identification number of the undertaking and its tax identification number (TIN) and/or name and the unique citizen identification number of a domestic natural person or name, number and the issuing state of the passport of a foreign natural person, as applicable, the share of holding in the capital and voting rights within the undertaking, as well as the number and date of the decision on approval to acquire/increase a qualifying holding in an undertaking;
6. data on the member of management – name and unique citizen identification number of a domestic natural person or name, number and the issuing state of the passport of a foreign natural person, as applicable, as well as the number and date of the decision on approval for carrying out the function of a member of management;
7. name and (international) country code of the state where the insurance/reinsurance agency undertaking carries on its activities, as well as the manner of carrying out such activities (directly or via a branch);
8. information on supervisory measures imposed on the undertaking – public disclosure of information about the failure of the undertaking to meet its obligations or failure to meet them in a timely manner, or about the undertaking’s non-compliance with the regulations, dismissal and/or suspension of a member of management – as well as the number and date of imposing such measures. The register herein shall contain the identification number of the undertaking, tax identification number (TIN), telephone and telefax number, email and the website address of the insurance agency undertaking. Register of natural persons – entrepreneurs who carry on insurance agency activities

9. The register of natural persons – entrepreneurs who carry on insurance agency activities shall contain:

1. reference number;
2. business name, head office and head office address;
3. activities of the undertaking;
4. number and issue date of the licence to carry on insurance agency activities;
5. name and unique citizen identification number of the manager of the insurance agent;
6. information on supervisory measures imposed on the insurance agent – public disclosure of information on the failure of the insurance agent to meet his obligations or failure to meet them in a timely manner, or about the insurance agent’s non-compliance with the regulations – as well as the number and the date when such measures were imposed.

5 The register herein shall contain the identification number of the undertaking, tax identification number (TIN), telephone and telefax numbers, email and the website address of the insurance agent. Register of banks, financial leasing providers and public postal operators that carry on insurance agency activities based on the prior approval of the NBS 10. The register of banks, financial leasing providers and public postal operators that carry on insurance agency activities based on the prior approval of the NBS shall contain:

1. reference number;
2. business name, head office and head office address of the entities herein;
3. number and issue date of the approval to carry on insurance agency activities;
4. information on supervisory measures imposed on an entity herein – public disclosure of information on the failure of such entities to meet their obligations or failure to meet them in a timely manner, or about their non-compliance with the regulations – as well as the number and the date when such measures were imposed. The register herein shall contain the identification number, tax identification number (TIN), telephone and telefax numbers, email and the website address of the entities hereof. Register of certified actuaries

11. The register of certified actuaries shall contain:

1. reference number;
2. name and unique citizen identification number of the certified actuary – for domestic persons, or name, number and the issuing state of the passport of the certified actuary – for foreign persons;
3. number and issue date of the certification to carry on actuary activities;
4. data for the year for which the evidence of pursued continuous professional education of certified actuaries is submitted in accordance with regulations;
5. data on measures imposed on the certified actuary – notice of warning and/or temporary measure prohibiting the certified actuary from carrying on actuarial activities in an insurance/reinsurance undertaking, as well as the number and the date when such measures were imposed. Register of certified brokers in insurance

12. The register of certified brokers in insurance shall contain data on persons who are eligible to perform insurance brokerage having acquired the title of certified broker in insurance and/or pursued continuous professional education, in accordance with regulations (active certified brokers), as well as data on persons who may not perform insurance brokerage and/or who do not pursue continuous professional education, in accordance with regulations (passive certified brokers). The register of active certified brokers in insurance shall contain:

1. reference number;
2. name and unique citizen identification number of the certified broker in insurance – for domestic persons, or name, number and the issuing state of the passport of the certified broker in insurance – for foreign persons;

6 3) number and issue date of the certification to carry on insurance brokerage activities; 4) data for the calendar year in which the certified broker in insurance may perform insurance brokerage activities based on the acquired title of certified broker in insurance and/or on the grounds of pursuing continuous professional education, in accordance with regulations. The register of passive certified brokers in insurance shall contain:

1. reference number;
2. name and unique citizen identification number of the certified broker in insurance – for domestic persons, or name, number and the issuing state of the passport of the certified broker in insurance – for foreign persons;
3. number and issue date of the certification to carry on insurance brokerage activities. Register of certified agents in insurance 12a. The register of certified agents in insurance shall contain data on persons who are eligible to perform insurance agency having acquired the title of certified insurance agent and/or pursued continuous professional education, in accordance with regulations (active certified agents), as well as data on persons who may not perform insurance agency and/or who do not pursue continuous professional education, in accordance with regulations (passive certified agents). The register of active certified agents in insurance shall contain:
4. reference number;
5. name and unique citizen identification number of the certified agent in insurance – for domestic persons, or name, number and the issuing state of the passport of the certified agent in insurance – for foreign persons;
6. number and issue date of the certification to carry on insurance agency activities;
7. data for the calendar year in which the certified agent in insurance may perform insurance agency activities based on the acquired title of certified agent in insurance and/or on the grounds of pursuing continuous professional education, in accordance with regulations. The register of passive certified agents in insurance shall contain:
8. reference number;
9. name and unique citizen identification number of the certified agent in insurance – for domestic persons, or name, number and the issuing state of the passport of the certified agent in insurance – for foreign persons;
10. number and issue date of the certification to carry on insurance agency activities. III. MANNER OF KEEPING THE DATA REGISTER

13. The NBS shall enter and change the data entered into registers based on the notification received from the subjects of supervision and the data at the disposal of other competent authorities. The subject of supervision shall inform the NBS of any change in the data kept in the registers within the deadline prescribed under law, or if such deadline has not been set forth by law

7 – within no later than 15 days from the date of change, submitting documentation proving such change for the purpose of entering into the register. By way of derogation from paragraph 2 of this Section, certified brokers in insurance or certified agents in insurance, as applicable, shall not be required to supply to the NBS any data pertaining to their continuous professional education, in accordance with the regulations. 14. The subject of supervision who has had his licence and/or approval to carry on insurance activities revoked or whose licence and/or approval have expired, as well as the subject of supervision whose certification referred to in Section 11, item 3), Section 12, paragraph 2, item 3), Section 12, paragraph 3, item 3), Section 12a, paragraph 2, item 3) and/or Section 12a, paragraph 3, item 3) of this Decision has been revoked – shall be removed from the register. The NBS shall publish on its website data on the subjects of supervision referred to in paragraph 1 of this Section, as well as data on revoked approvals to acquire/increase a qualifying holding in the subject of supervision and to perform the function of a member of management of such entity. IV. FINAL PROVISIONS 15. This Decision repeals the Decision on the Contents and Manner of Keeping a Register of Data on Insurance Companies and Other Registers (RS Official Gazette, No 67/2006). 16. This Decision shall be published in the RS Official Gazette. It shall enter into force on 27 June 2015 and shall be applied as of 1 September 2015. NBS Executive Board No 36 Chairperson 11 May 2015 Executive Board of the National Bank of Serbia at the meeting of 11 May 2015 B e l g r a d e V i c e - G o v e r n o r National Bank of Serbia Veselin Pješčić, sgd