2010-03-25 | Resolución SBS 2996-2010Added
Insurance companies must ensure marketing channels adequately explain product coverage, verify underwriting documents, and train personnel, including annual updates for promoters. Marketers must have formal commercial activities, maintain clean debtor status for five years, and provide public infrastructure. Companies must assign codes to promoters, maintain registers, and notify applicants within fifteen days if declining contracts. Quarterly reports on sales forces, marketers, SOAT contracts, and bancassurance must be submitted via Annexes ES-21A through ES-21E. Bancassurance and marketer payments are deemed paid to the insurer, and communications have equivalent legal effect.
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Lima, March 25, 2010
S.B.S. Resolution
No. 2996 -2010
The Superintendent of Banking, Insurance and
Private Pension Fund Administrators
CONSIDERING:
That, Article 345 of the General Law of the Financial System and of the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No.
26702 and its modifying laws, hereinafter the General Law, establishes that it is the object of the Superintendency to protect the interests of the public in the scope of the financial and insurance systems; That, in accordance with paragraph 1 of Article 318 of the General Law, insurance companies may carry out all operations, acts and contracts necessary to extend risk coverages or issue insurance policies, including surety bonds linked to performance or non-performance benefits, among other activities inherent to their line of business; That, by SBS Resolution No. 510-2005 of March 23, 2005, provisions were established for the marketing of products by insurance companies; That, the experience developed by the insurance market, has determined the convenience of updating the aforementioned resolution and introducing modifications and clarifications regarding the distribution channels of insurance products, integrating them into the new forms of marketing developed in the national and international markets in order to promote their growth and modernization; Being in what was opined by the Deputy Superintendencies of Banking and Microfinance, of Insurance, of Risks, and of Legal Advice and by the Departments of Products and Services to the User and of Planning and Organization, and having complied with the dissemination period for draft legal norms of a general nature referred to in Article 14 of the Regulation establishing provisions relative to publicity, publication of regulatory projects and dissemination of legal norms of a general nature, approved by Supreme Decree No. 001- 2009-JUS; and, In exercise of the powers conferred by paragraphs 3 and 9 of Article 349 of the General Law; RESOLVES:
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Article One.- Approve the Framework Regulation for
Marketing of Insurance Products, as indicated below, which is applicable to the insurance companies referred to in Article 16 letter D of the General Law, hereinafter companies, and to multiple-operation companies referred to in Article 16 letter A of the General Law, insofar as it is pertinent. FRAMEWORK REGULATION FOR MARKETING OF INSURANCE PRODUCTS
I. GENERALITIES
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2. Liability towards the policyholder, insured and/or beneficiary
Companies that use the marketing modalities regulated by this Framework Regulation, will be directly responsible for all acts of insurance marketing that natural and legal persons carry out on their behalf in the exercise of their functions, especially for the infractions they commit against the norms issued by this Superintendency and for the damages they cause to the applicants or policyholders, insured and/or beneficiaries, as a consequence of errors or omissions, incompetence or negligence. In this sense, companies maintain responsibility towards the policyholders, insured and/or beneficiaries and before the Superintendency for the provision of services, the administration of risks and regulatory compliance related to the marketing of insurance products referred to in this Regulation, without prejudice to contractual incentives or penalties. Likewise, they are responsible for ensuring that the marketing channels referred to in this Regulation adequately explain to potential policyholders or insured persons the scope of the product coverage and its characteristics. Likewise, they are responsible for ensuring that during the contract underwriting process they verify that the policyholder completes and signs the documents that make up the particular conditions of the insurance policy such as the insurance application, if applicable, or provides the information required for the issuance of the policy. In the case of Bancassurance, financial system companies will assume the responsibilities that pertain to them, according to the corresponding provisions of this Regulation and those that are pertinent from the Supplementary Law to the Consumer Protection Law in Matters of Financial Services - Law No. 28587 and the Regulation of transparency of information and provisions applicable to contracting with users of the financial system, approved by SBS Resolution No. 1765-2005 and its amendments.
3. Training
The marketing channels referred to in this Regulation must be properly trained by the companies in order to adequately inform potential policyholders or insured persons about the characteristics and conditions of the products they are promoting or offering. In this sense, companies must observe the following:
a) In the case of insurance promoters, they must have at least an annual program for the update of knowledge regarding the products they market, as well as the requirements of transparency of information in the promotion and offer of insurance products within the framework of the protection of user rights in the insurance system. b) Marketers must offer products in strict compliance with the instructions indicated by the companies, for which these must adequately train the personnel dedicated to the promotion, offer and marketing of insurance products, as well as in aspects related to the insurance contracting procedure, premium collection, processing of coverage requests and payment of indemnity. Likewise, they must provide them with relevant procedure manuals. c) The offering of insurance through bancassurance must be done in strict compliance with the instructions indicated by insurance companies, for which these must train the workers of financial system companies for the adequate operation of this marketing channel, as well as in aspects related to the insurance contracting procedure, premium collection, processing of coverage requests and payment of indemnity, as well as providing them with relevant procedure manuals.
4. Product Characteristics 1
Under the marketing modalities referred to in this regulation, only mass products may be offered, understood as such standardized insurances that do not require special underwriting requirements regarding people and/or insurable assets, being sufficient the simple acceptance of the policyholder for the consent of the insurance. Likewise, non-mass insurance products may be marketed in accordance with the provisions indicated in this regulation, provided they meet the requirements or conditions indicated by the Superintendency. In the case of insurance associated with credit operations granted through financial system companies, products of greater complexity associated with the nature of the assets subject to coverage, which are linked to credit operations, may be offered. Insurance products must comply with what is established by the Regulation of Transparency of Information and Insurance Contracting approved by SBS Resolution No. 3199-2013 and by the Regulation of Registration of Insurance Policies and Technical Notes Companies must provide informative brochures for each of the products they market through the various marketing channels, which must contain the minimum information established in Article 8 of the Regulation of Transparency of Information and Insurance Contracting. In the case of group policies marketed through points of sale, Bancassurance and marketers, companies may deliver the insurance applications, certificates and summary referred to in the Policy Regulation, through a single format called “Application-Certificate”, insofar as it meets the requirements established in the Regulation of Transparency of Information and Insurance Contracting.
II. PROVISIONS APPLICABLE TO MARKETING BY SALES FORCE
5. Scope of activity
The sales force corresponds to the insurance marketing modality that is comprised of:
a) Insurance promoters; and, b) Marketers
Companies are responsible for ensuring that the contracted sales force meets the conditions of suitability, competence and moral solvency required regarding the work to be developed. II.1. Insurance Promoters
6. Conditions for offering
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Article modified by SBS Resolution No. 7044-2013 of 28-11-2013
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Companies may promote, offer and market their products through natural persons, hereinafter insurance promoters, who maintain an employment or service provision contract with said companies, authorizing them to promote, offer and market insurance products inside or outside their offices. Trainee insurance promoters are not authorized to promote, offer or market products until they are accredited as insurance promoters, as indicated in paragraph 7 below. While the contract linking an insurance promoter with an insurance company remains in force, said promoter cannot provide the same services for another company, unless it is a subsidiary or shareholder of that one.
7. Identification and registration
Insurance companies are responsible for assigning a code and issuing an identification document to their insurance promoters. Likewise, they must have a register, in which they will record their general data, the start date of their activities and the types of insurance they offer. Additionally, they must keep the corresponding personal files updated or, failing that, administer information that allows generating centralized reports.
8. Information to the Superintendency
Companies must send to this Superintendency, on a quarterly basis, within the deadlines for submitting the corresponding financial statements, the following information:
2 Annex numbering modified by SBS Resolution No. 2842-2012 of 11-05-2012.
6 a.3) They must have commercial establishments owned by themselves or by third parties that provide public attention, that possess adequate physical infrastructure and human resources for the provision of services to the public in conditions of safety. b) Communications sent by policyholders, insured or beneficiaries to the marketer, regarding aspects related to the contracted insurance, will have the same effects as if they had been presented to the insurance company. c) Payments made by insurance policyholders, or third parties in charge of payment, to the marketers will be considered paid to the insurance company. d) If the company decides not to sign the contract, based on the evaluation carried out, it must notify the applicant, within fifteen (15) days of receiving the request. e) Companies are responsible for ensuring that, in the case of insurance with coverage for death or accidental death, the marketer issues immediate notice, in cases where they become aware of the death of any of the insured. Insurance companies are responsible for maintaining the documentation corresponding to the contracts celebrated under this modality, according to the norms issued by the Superintendency.
10. Information on the marketer
Companies must keep available to the Superintendency the following information referring to the marketer:
a) Name, denomination or corporate name detailing the activities they develop. b) List of insurance products that are the subject of the contract, indicating the Registration code of this Superintendency. c) Location of the commercial establishments owned by themselves or by third parties where the insurance products will be marketed. d) Terms of the contract, which must include clauses that allow adequate review of the respective service by the companies, the External Audit Firm, as well as by the Superintendency or the person it designates. e) Report containing the evaluation of risks associated with the operations provided through the marketer and determination of measures taken to mitigate the risk, prepared by the Risk Unit or equivalent area, which must consider operational controls at the marketer that prevent unauthorized contracting. f) Report from the Internal Audit Unit regarding the adequacy of internal controls implemented in the stage prior to marketing through the marketer. g) Accreditation of monthly follow-up on the classification as debtor in the financial system of marketers, as indicated in subsection a.2) of paragraph 9.
11. Marketing contract
The marketing contract that companies sign with marketers must reflect the obligations indicated in paragraph 9, in order to guarantee its compliance, insofar as they are applicable.
12. Prior authorization
Companies that meet the conditions and requirements indicated in paragraph 9 must request from the Superintendency previously, and only once, authorization to operate through the “Marketers” channel for which they must present the following information:
7 a) Copy of the Board of Directors Minutes in which the decision to use said marketing channel is recorded. b) A report containing the evaluation of risks associated with the use of this marketing channel, determining the measures that will be taken to control the identified risks, according to current regulation, prepared by the Risk Unit or equivalent area. c) Report with the opinion of the Internal Audit Unit regarding the adequacy of internal controls implemented for the launch of the new channel, in the stage prior to the launch. d) Report describing the technology or technological platforms used for marketing through this channel, indicating the policies, procedures and control mechanisms established.
13. Marketing of SOAT
For the marketing of the mandatory motor vehicle accident insurance, SOAT, companies may use the channel referred to in this Section, as well as bancassurance referred to in Section III of this Framework Regulation. Such marketing, since it corresponds to a single-application policy by all companies, will not require the authorization procedure described in paragraph 12, if this channel is used solely to market the SOAT. Under this form of marketing, the policyholder must receive at the moment they make the premium payment, the SOAT certificate and the corresponding SOAT sticker, issued in the Current Single Format.
14. Information to the Superintendency
Companies must send to this Superintendency, on a quarterly basis, within the deadlines for submitting the corresponding financial statements, the following information:
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Annex numbering modified by SBS Resolution No. 2842-2012 of 11-05-2012
8 a) Those in which the financial system company signs with the insurer a group insurance contract, as policyholder, thus becoming authorized to market the contracted coverage with its clients, under the same terms and conditions as stated in the group insurance policy. b) Those through which the financial system company intervenes as representative of the insurance company, to market between its clients the individual insurance products agreed with the insurance company. c) The contracting of insurance associated with credit operations, under any of the forms established in the previous letters, in which the financial system company is designated as the beneficiary of the insurance.
17. Conditions for marketing
Companies wishing to use bancassurance must comply with the following conditions:
a) Communications sent by policyholders, insured or beneficiaries to the financial system company, regarding aspects related to the contracted insurance, will have the same effects as if they had been presented to the insurance company. b) Payments made by insurance policyholders, or third parties in charge of payment, to financial system companies, will be considered paid to the insurance company. c) The obligation to elaborate a procedure for handling coverage requests in which the functions of both companies and the internal deadlines for handling them are defined. d) In case of operating under the distance marketing modality, both insurance companies and financial system companies are responsible for compliance with the provisions established in Title V of this Regulation, insofar as applicable. The aforementioned aspects must be considered in the marketing contracts that are signed.
18. Transparency information
The conditions of the Bancassurance contract contained in subsections a) and b) of paragraph 17, must be incorporated into the individual policy documentation; likewise, this information must be considered in insurance certificates, when dealing with group insurance.
19. Information to the Superintendency
Companies must send to this Superintendency, on a quarterly basis, within the deadlines for submitting the corresponding financial statements, the following information:
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Annex numbering modified by SBS Resolution No. 2842-2012 of 11-05-2012
9 offices referred to in item 2 of the "Regulation on the opening, conversion, transfer or closure of offices, use of shared premises, ATMs and correspondent cashiers" approved by Resolution SBS No. 775-2008 and its amendments, are subject to the provisions of this Section. Through sales points, companies, through their personnel, provide information or market insurance products.
21. Prior Authorization
Companies wishing to operate through the "Sales Points" channel must previously and only once request authorization from the Superintendence, presenting the following information:
a) Copy of the Board of Directors' Minutes recording the decision to use this marketing channel. b) A report containing the evaluation of risks associated with the use of this marketing channel, determining the measures to be taken to control identified risks, in accordance with current regulations, prepared by the Risk Unit or equivalent area. c) Report with the opinion of the Internal Audit Unit regarding the adequacy of internal controls implemented for the launch of the new channel, in the pre-launch stage. d) Report describing the technology or technological platforms used for marketing through this channel, indicating the policies, procedures and control mechanisms established. Companies must keep the following information regarding the Sales Point available to the Superintendence:
a) Location. b) Products to be marketed. c) Company personnel in charge of marketing.
Prior authorization is not required for marketing through Sales Points that have the exclusive function of providing promotion and information services on the insurance products offered by companies and/or collecting related documentation, with the company being responsible for the documentation received. Therefore, insurance application subscriptions cannot be carried out.
22. Information to the Superintendence
Companies must send the following information to this Superintendence on a quarterly basis, within the deadlines for presenting the corresponding financial statements:
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Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
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The use of distance marketing systems must ensure that the information companies provide to potential policyholders is truthful, comprehensive, complete, and transparent. Likewise, the information provided by potential policyholders through these marketing mechanisms must be kept by companies in a reserved and confidential manner, on the necessary supports that allow for subsequent verification, as well as allowing for the proper identification of the potential policyholder and/or insured. This contracting modality is also applicable to marketing through bancassurance.
24. Minimum Information of the Offer
Companies offering their insurance products under this modality must expressly indicate that it is an insurance offer and provide the potential policyholder and/or insured with, as a minimum and depending on the type of insurance, the following information:
a) Identification of the company, the person making the offer, and the potential policyholder; b) Date of the offer and its validity period. c) Characteristics of the insurance indicating the coverage offered, underwriting requirements, exclusions, waiting periods, deductibles, and coverage period. d) Total cost borne by the insured, including premiums, taxes, and any other charges, as well as the payment method. e) Procedure for handling coverage requests. f) Method of acceptance of the offer. g) Deadline and method for exercising the right to withdraw from the contract, referred to in item 27 of this Framework Regulation.
25. Registration and Archiving of Data Related to the Operation
The offering of insurance products referred to in the previous item must be recorded in its entirety, and this circumstance must be communicated to the policyholder or potential insured. The information contained in the technological supports used must be available to the policyholder, in case they finally accept the offer, and to the Superintendence, when required. Companies using the aforementioned systems are responsible to policyholders, insureds, beneficiaries, and before this Superintendence, for compliance with the corresponding security measures, intended to guarantee the conservation of information and to prevent its transfer or disclosure to unauthorized persons. The information retention period is subject to the provisions issued through Resolution SBS No. 5860-2009, which, among other things, approves provisions for the conservation and substitution of files through microform technology and retention periods for books and documents.
26. Acceptance of the Offer
Once the offer is accepted by the policyholder, and having verified compliance with underwriting conditions based on the characteristics of the risk, the contract will be perfected, with companies obligated under the terms and conditions under which the offer was made, without prejudice to compliance with what is stipulated in Article 329 of Law No. 26702, General Law, and the Regulation on the Payment of Insurance Policy Premiums approved by Resolution SBS No. 225-2006 and its amendments.
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Within fifteen (15) days following the date of acceptance of the offer, companies must make the corresponding policy or certificate available to policyholders. If the delivery of the policy and/or certificate is carried out through virtual mechanisms, such delivery must contain the necessary technological security measures, as well as electronic signatures that give the policy and certificate validity and legal efficacy. Declarations made by the policyholder through the use of distance marketing systems form part of the insurance contract. If, as a result of the evaluation conducted on underwriting conditions, the company decides to reject the application, it must communicate this decision to the applicant within fifteen (15) days of receiving the acceptance of the offer.
27. Withdrawal by the Policyholder
Insurance policies offered under this marketing channel must contain a clause providing for the policyholder's right to withdraw from the acceptance of the contract without stating a cause or penalty, within a deadline to be established by the company, which in no case may be less than fifteen (15) calendar days, counted from when the policyholder had the policy or certificate at their disposal, as applicable, according to the mechanisms agreed upon for this purpose.
28. Prior Authorization
Companies wishing to implement mechanisms referred to in this Section must previously and only once request authorization from this Superintendence to use the "Distance Marketing Systems" marketing channel, for which they must present the following information:
a) Copy of the Board of Directors' Minutes recording the decision to use this marketing channel. b) The detail of the insurance products that will be marketed through this channel. c) Information regarding the technical support implemented to obtain, conserve, and safeguard the information provided by the potential insured. d) A report containing the evaluation of risks associated with the use of this marketing channel, determining the measures to be taken to control identified risks, in accordance with current regulations, prepared by the Risk Unit or equivalent area, as well as the security mechanisms it will implement for the maintenance, integrity, and confidentiality of information in the different phases of the contracting process. e) Report with the opinion of the Internal Audit Unit regarding the adequacy of internal controls implemented for the launch of the new channel.
29. Information to the Superintendence
Companies must send the following information to this Superintendence on a quarterly basis, within the deadlines for presenting the corresponding financial statements:
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Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
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Second Article.- The marketing channels regulated by this Framework Regulation, in addition to the marketing carried out by the company itself, are the only forms of direct insurance marketing permitted to insurance companies, with the exception of Microinsurance whose marketing is regulated in the respective Regulation. In the case of insurance intermediation through insurance brokers, it will be subject to the provisions established by general norms issued by the Superintendence. Third Article.- Pension insurance promoters, that is, those who on behalf of insurance companies market pension products within the scope of the Private Pension System, will carry out their activities according to the provisions established by the Superintendence regarding this matter. Fourth Article.- Incorporate into the Single Text of Administrative Procedures of the Superintendence of Banks, Insurance and Private Pension Fund Administrators, approved by Resolution SBS No. 131-2002, the following procedures: Procedure No. 144 "Authorization to market insurance products through Marketers", Procedure No. 145 "Authorization to market insurance products through Sales Points" and Procedure No. 146 "Authorization to market insurance products through distance marketing systems" whose text is attached to this Resolution and is published in accordance with what is stipulated in Supreme Decree No. 004-2008-PCM, regulation of Law No. 29091. (Institutional portal www.sbs.gob.pe). Fifth Article.- Make the following modifications to the Sanctions Regulation approved by Resolution SBS No. 816-2005, as indicated below:
a) Incorporate the following infraction in Section I "Minor Infractions" of Annex 3 "Specific Infractions of the Insurance System":
7 Article repealed by Resolution SBS No. 1797-2011 published on 12/02/2011.
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Seventh Article.- Annexes ES-21A 8, ES-21B 7, ES-21C 7, ES-21D 7, ES-21E 7, ES-21F 7 and ES-21G 7 of the Framework Regulation for the marketing of insurance products approved by this resolution, are published on the electronic Portal of this Superintendence (www.sbs.gob.pe), in accordance with what is stipulated by Supreme Decree No. 001-2009-JUS. Eighth Article.- This resolution will enter into force from the day following its publication in the Official Newspaper El Peruano, on which date Resolution SBS No. 510-2005 will cease to have effect. Notwithstanding the above, companies will have a period of one hundred twenty (120) days to comply with the provisions of this Regulation. 9 Register, communicate, and publish. FELIPE TAM FOX Superintendent of Banks, Insurance and Private Pension Fund Administrators
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Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
9
Deadline extended until 31-12-2010, through Resolution SBS No. 9413-2010 of 24-08-2010
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ANNEX ES-21A 10
INFORMATION ON SALES FORCES
INSURANCE PROMOTERS
(Corresponding to the………… Quarter of 20…)
Company…
Name of the promoter
*
DNI No. Line of business in which it operates
Start date of services
*
Current status
10 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
15
ANNEX ES-21B 11
INFORMATION ON MARKETING CONTRACTS WITH
SALES FORCES - MARKETERS
(Corresponding to the……………….quarter of 20…)
Company………………………
Name or
Legal Name of the marketer
Commercial name of the product
Registration Code
(1)
Risk Code
(2)
Type of insurance
(3)
Number of
Insured
(4)
Amount of
Premiums
(5)
The information will be detailed by marketing contract
Marketing Manager
11 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
16
ANNEX ES-21C 12
INFORMATION ON LOCATION OF ESTABLISHMENTS
SALES FORCES - MARKETERS
(Corresponding to the……………….quarter of 20…)
Company……………………….
UBIGEO Marketer
(1)
Document Name of the establishment
(3)
Address Activity / type
(4)
Dep Prov Dist. Number Type
(2)
Note: The location of each establishment of the marketer through which insurance products are marketed will be reported
Marketing Manager
12 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
17
ANNEX ES-21D 13
INFORMATION ON SOAT MARKETING CONTRACTS
(Corresponding to the.......................Quarter of 200…) Company……………………… SBS Registration Code…………..
Name of the
Company
Date of contract signing
Number of
Insured
Amount of
Premiums
1 2 3 4
Note:
Marketing Manager
13 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 2218990 Fax: (511) 4417760 18
ANNEX ES-21E 14
INFORMATION ON BANCASSURANCE MARKETING CONTRACTS (Corresponding to the……………….Quarter of 200…) Company……………………………..
Financial System
Company
Commercial name of the product
Registration Code
Risk Code
Type of
Insurance
Number of
Insured
Amount of
Premiums
1 2 3 4 5 6 7
The information will be detailed by marketing contract
Marketing Manager
14 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 2218990 Fax: (511) 4417760 19
ANNEX ES-21F 15
INFORMATION ON THE LOCATION OF SALES POINTS
(Corresponding to the……………….quarter of 20…)
Company…………………………
Ubigeo Address Manager
(1)
Name of the product
(2)
Registration code
(3)
Risk code
(4)
Number of insured
(5)
Amount of premiums
(6)
Dep Prov Dist.
Note:
Marketing Manager
15 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
Los Laureles Nº 214 - Lima 27 - Peru Tel. : (511) 2218990 Fax: (511) 4417760 20
ANNEX ES-21G 16
INFORMATION ON DISTANCE MARKETING CONTRACTS
(Corresponding to the……………….quarter of 20…)
Company………………………………..
Name or
Legal Name of the company
(1)
Commercial name of the product
Registration code
(2)
Risk Code
(3)
Type of insurance
(4)
Number of
Insured
(5)
Amount of
Premiums
(6)
The information will be detailed by marketing contract
Marketing Manager
16 Annex numbering modified by Resolution SBS No. 2842-2012 of 11-05-2012
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Amended 2 times · last 2017-03-15
Source: Superintendencia de Banca Seguros y AFP — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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