2024-02-19
The Central Bank of the Republic of Azerbaijan issued Resolution No. 04/2 to establish minimum requirements for independent experts assessing insurance events under Azerbaijani law. The regulation standardizes the appointment process, mandates specific civil-law contracts detailing service fees and deadlines, and requires experts to submit standardized damage assessment opinions within stipulated timeframes. Furthermore, it obligates both individual and corporate experts to file quarterly activity reports electronically with the Central Bank while routing compulsory insurance operations through the Compulsory Insurance Bureau’s digital system.
“Approved” Central Bank of the Republic of Azerbaijan Resolution No. 04/2 26 January 2024 Minimum requirements for independent expert activity
2.4. The independent expert shall, no later than 1 (one) working day from the date of the request, notify the party requesting his/her appointment and the insurer of his/her agreement to carry out an expert examination. 2.5. The independent expert shall notify the insurer and the person requesting the expert opinion about the refusal to perform the expertise within 1 (one) working day at the latest from the date of the request, stating the reason for such refusal. 2.6. In cases where independent experts from two or more different fields are appointed for the expertise of one insurance event, the requirements set out in items 2.2 and 2.3 of these Requirements shall apply to each independent expert appointed. 2.7. Taking into account item 2.8 of these Requirements, the date on which the independent expert agrees to carry out the expertise in accordance with item 2.4 of these Requirements shall be deemed to be the date on which the expertise commences. 2.8. If an independent expert is appointed in accordance with the requirements of Article 925-1.4 of the Civil Code, the date of commencement of the expertise shall be the date agreed upon in the civil-law contract on conducting the expertise. 2.9. Taking into account item 2.10 of the present Requirements, the independent expert shall, after completing the expertise, prepare an expert opinion on the result of the appraised damage and submit it to the insurer and the person requesting the expertise within the term stipulated in the civil-law contract on conducting the expertise. 2.10.An independent expert operating in the field of motor transport shall complete the expertise no later than 7 (seven) working days from the date of commencement of the expertise, draw up a report on the result of the damage assessment and submit it to the insurer and the person requesting the expertise. 2.11. The expertise shall be carried out by an individual independent expert himself/herself, or in the case of a legal entity - by its employee holding a certificate of independent expert in the relevant field and working under the employment agreement, using the ways and means (methods) appropriate to the relevant field of activity and onsite inspection. 2.12. The independent expert may not directly or indirectly demand or accept any additional fees and payments, as well as material and other benefits, privileges or concessions for the independent expert opinion, except for the amount of the service fee agreed and specified in the civil-law contract on conducting the expertise. 2.13. The independent expert shall demonstrate professionalism during the performance of the expertise activities and refrain from unprofessional acts and outside dealings. 2.14. The independent expert shall enable non-cash acceptance of service fee payments and shall not refuse to accept cashless payment of the relevant fee.
3.3.3. section 9 shall indicate the following information on the policyholder: 3.3.3.1. in case of an individual, full name in point 9.1, TIN, if any, in point 9.2, registered address in point 9.3, mobile phone number in point 9.4, e-mail address, if available, in point 9.5. 3.3.3.2. in case of a legal entity, its name in point 9.1, TIN in point 9.2, location address (location address of its permanent body) in point 9.3, phone number in point 9.4, and, if available, e-mail address in point 9.5. 3.3.4. address where the insurance event occurred (city, district, etc.) in section 10; 3.3.5.date (day, month, year) and time (hour, minute) of occurrence of the insurance event in section 11; 3.3.6. list and names of damaged property or properties in section 12; 3.3.7. address of the place where the independent expert examined the incident (city, district, etc.) in section 13; 3.3.8. commencement date of the expertise (day, month, year) in section 14; 3.3.9. completion date of the expertise (day, month, year) in section 15; 3.3.10. amount of costs required for the repair or restoration of each part of the damaged property and other costs related to that even tin section 16; 3.3.11.total amount of calculated loss in section 17; 3.3.12. list of documents obtained by the independent expert for conducting the examination in section 18; 3.3.13. ways and means (methods) used for damage assessment, as well as justifications related to the independent expert's damage assessment and/or investigation of insurance event in section 19; 3.3.14. other comments by the independent expert on damage assessment in section 20. 3.4.. Each part of the opinion may be accompanied by other information relevant to that part and deemed necessary by the independent expert. 3.5. Confirming documents obtained by the independent expert, as well as photo and video recordings related to the incident, shall be attached to the expert opinion. 3.6. If the expertise is carried out by an individual independent expert, the opinion shall be drawn up and signed by him/her, stating the date of the opinion. 3.7.If the expertise is conducted by an independent expert who is a legal entity, the opinion shall be drawn up by its employee acting based on the employment contract, signed by him/her and by the head of the executive body of the legal entity, and confirmed by the seal of the legal entity, indicating the date of the opinion. 3.8. The registration of opinions should be carried out in relation to independent expert areas and numbered consecutively in ascending order by using the register code given by the Central Bank of the Republic of Azerbaijan (hereinafter referred to as the “Central Bank”).
the quarter, confirmed by enhanced electronic signatures of the head of the executive body or the authorized official(s). 6. Closing provisions For the types of compulsory insurance, the operations defined in sections 2, 3 and 4 of these Requirements shall be carried out through the electronic information system of the Compulsory Insurance Bureau.
Appendix 1 to Minimum requirements for independent expert activity EXPERT OPINION GENERAL PART Registration No.
5.3. Address:_______________________________________________________________________________ 5.4. Phone number: ______________________________________________________________________ 5.5. E-mail address: ____________________________________________________________________ 6. Insurer: 6.1. Name:__________________________________________________________________________________ 6.2. TIN:________________________________________________________________________________ 6.3. Address:_______________________________________________________________________________ 6.4. Phone:________________________________________________________________________ 6.5. E-mail address_____________________________________________________________________ SPECIAL PART 7. Insurance contract series and number: ___________________________________________________ 8. Insurance type:___________________________________________________________________________ 9. Insurer: 9.1. Name:__________________________________________________________________________________ 9.2. TIN:________________________________________________________________________________ 9.3. Address:_______________________________________________________________________________ 9.4. Phone:________________________________________________________________________ 9.5. E-mail:_____________________________________________________________________ 10. Address where the insurance event occurred:_______________________________________________ 11. Date and hour of the insurance event: _______________________________________________________ 12. List of the damaged property:___________________________________________________________ 13. Address where the experts conducted expertise:_____________________________________________ 14. Commencement date of the expertise:______________________________________________________ 15. Completion date of the expertise: ___________________________________________________________ 16. Amount of expenses necessary for each part of the damaged property and other expenses related to the insurance event:
Appendix 2 to Minimum requirements for independent expert activity REPORT ON THE ACTIVITY OF THE INDIVIDUAL INDEPENDENT EXPERT Name of the individual independent expert ________________________________ Reporting period ______________________________________ Activity field Insurance contract series and number Registration number of the independent expert’s opinion Insurance event occurrence area (city, district, etc.) Expertise area (city, district, etc.) Independent expert’s appointment date (date of giving consent or contract awarding date) Expertise commencement date Expertise completion date Loss amount assessed by the independent expert Expert opinion approval date Date of submission of the expert opinion to the insurer Date of submission of the expert opinion to the requesting party Appointing party Requesting party Insurer’s name on the insurance contract Service fee paid Insurer’s name Other appointing person Full name of individual Legal entitiy name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Motor transport ............... Total
Appendix 3 to Minimum requirements for independent expert activity REPORT ON THE ACTIVITY OF THE LEGAL ENTITY INDEPENDENT EXPERT Name of the legal entity independent expert ________________________________ Reporting period ____________________________________ Activity field Insurance contract series and number Registrationn umber of the independent expert’s opinion Insurance event occurrence area (city, district, etc.) Expertise area (city, district, etc.) Full name of individual independent expert working for legal entity independent expert under employment contract Independent expert’s appointment date (date of giving consent or contract awarding date) Expertise commencement date Expertise completion date Loss amount assessed by the independent expert Expert opinion approval date Date of submission of the expert opinion to insurer Date of submission of the expert opinion to the requesting party Appointing party Requesting party Insurer’s name on the insurance contract Service fee paid Insurer name Other appointing person Full name of individual Legal entitiy name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Motor transport Total