2023-08-31
The Board of the Central Bank of the Republic of Kosovo has issued regulations establishing strict limits on how licensed non-life insurers manage commissions and operating expenses. The rules cap general administrative costs at thirty percent of gross written premiums and restrict compulsory motor liability insurance commissions to a maximum of eight percent, while mandating dedicated bank accounts for premium collection and claim payments. Insurers must adapt internal policies within three months and submit quarterly electronic reports detailing premiums, commissions, and claims to ensure ongoing compliance and sufficient reserve funds.
1 prej 10 Based on Article 35, paragraph 1, subsection 1.1, of Law no. 03/L-209 on the Central Bank of the Republic of Kosovo (Official Gazette of the Republic of Kosovo, no. 77/16 August 2010), as well as Article 4, paragraph 3, of Law no. 05/L-045 on Insurance (Official Gazette of the Republic of Kosovo / no. 38 / 24 December 2015), the Board of the Central Bank of the Republic of Kosovo, at the meeting held on 31 August 2023, approved this: REGULATIONS FOR THE MANAGEMENT OF COMMISSIONS AND OPERATING EXPENSES OF INSURERS Article 1 Purpose and scope
2 prej 10 written premium excluding VAT after returns and cancellations from compulsory motor liability insurance. 2. In cases of return and cancellation of policies, the commission paid for the remaining part of the policy must also be returned. Termination, cancellation and replacement of the mandatory auto liability insurance policy must be done in accordance with the relevant CBK Instruction. 3. The claim for the return of the insurance premium must be made only for and on behalf of the insured by the relevant insurer. 4. Under no circumstances may insurers apply commissions to the insurer's employees responsible for the sale of insurance products. 5. The transfer of the payment of commissions and expenses of intermediaries for compulsory auto liability insurance, provided for in Article 3 of this regulation, must be made only by bank transfer, from the bank account dedicated to the sale of compulsory motor liability insurance, determined with article 5 of this regulation. Article 5 Keeping funds in bank accounts
3 prej 10 2.7. In cases where the insurer has not been prohibited by any other measure, sponsorship expenses which must not exceed 1% of the gross written premium without VAT. 3. Underwriting expenses are recognized at the time of occurrence in relation to the gross written premium and the same cannot be capitalized as deferred expenses. 4. In the calculation of the limitation of the insurer's general expenses in relation to the gross written premium, the following expenses are excluded: 4.1. Financial expenses related to investment costs, interest expenses from bank loans, expenses related to banking services and other financial expenses. 4.2. Expenses resulting from the loss in value, amortization and depreciation of financial, nonfinancial assets, tangible and intangible assets with the exception of the provisioning of accounts receivable resulting from insurance activity. 5. Advertising and promotion expenses are considered expenses that are made through different forms of information, such as: television, radio, newspapers, magazines, direct advertising, the Internet, posters, posters, billboards, transit advertisements and others similar. 6. When advertising activity results in expected future revenues that exceed expected future costs to realize sales revenues, the Insurer must be able to demonstrate the correlation between the product or service and marketing expenses based on verifiable historical data and patterns. 7. Under no circumstances should insurers allow advances to insurance brokers, or anyone else. Article 7 Reporting of Insurers to CBK
4 prej 10 3. On a monthly basis, until the last day of the month, insurers are obliged to report to the CBK all bank transactions related to premiums written, claims paid, expenses and other transactions of the period. Article 8 Enforcement, Remedial Measures and Civil Penalties Violation of the provisions of this regulation will be subject to administrative measures and fines as defined in Law No. 03/L-209 on the Central Bank of the Republic of Kosovo and Law No. 05/L-045 on Insurance. Article 9 Adaptation of policies All non-life insurers are obliged to adapt all their internal expenditure policies and procedures to the requirements and limitations of this regulation within the three-month period. Article 10 Annex Annex 1 Form of reports is an integral part of this regulation. Article 11 Repeal With the entry into force of this regulation, the Regulation on the Management of Commissions and Operating Expenses of Insurers dated 30 January 2020 shall be repealed. Article 12 Entry into force This regulation shall enter into force on 1 October 2023. Bashkim Nurboja Chairman of the Board of the Central Bank of the Republic of Kosovo
% of Gross Written Premium 0.0% 0% 0% Commissions for sales intermediaries Expenses for sales staff Costs of purchasing policies Costs for IRRT-Altec Costs of points of sale (rent, office material, etc.) Purchase cost Staff cost (salaries and other staff expenses) - € - € - € Electricity, Water and Heating Fuel Donations and Sponsorships Office materials, stationery, etc Expenses for gifts Office equipment and furniture maintenance Hardware and vehicle maintenance Rent payments Vehicle operating lease and other lease Communication costs and telephone networks Postage expenses Representation, Advertising (Marketing) Cleaning and hygiene expenses Guard and Security Consulting and Auditing Expenses Software development and license costs Intermediaries training costs Other expenses for supplies and services
% of Gross Written Premium 0% 0% 0% 0% 0% Commissions for sales intermediaries - € Expenses for sales staff - € - € - € - € - € Costs of purchasing policies - € - € - € Costs for IRRT-Altec - € Costs of points of sale (rent, office material, etc.) - € - € - € - € - € Purchase cost - € - € - € - € - € Staff cost (salaries and other staff expenses) Electricity, Water and Heating - € - € - € - € - € Fuel - € - € - € - € - € Donations and Sponsorships - € - € - € - € - € Office materials, stationery, etc - € - € - € - € - €
7 prej 10 Expenses for gifts - € - € - € - € - € Office equipment and furniture maintenance - € - € - € - € - € Hardware and vehicle maintenance - € - € - € - € - € Rent payments - € - € - € - € - € Vehicle operating lease and other lease - € - € - € - € - € Communication costs and telephone networks - € - € - € - € - € Postage expenses - € - € - € - € - € Representation, Advertising (Marketing) - € - € - € - € - € Cleaning and hygiene expenses - € - € - € - € - € Guard and Security - € - € - € - € - € Consulting and Auditing Expenses - € - € - € - € - € Software development and license costs - € - € - € - € - € Intermediaries training costs - € - € - € - € - € Other expenses for supplies and services - € - € - € - € - € Total expenses for third parties and supplies - € - € - € - € - € Fee for CBK - € - € - € - € - € Fees, taxes and other charges - € - € - € - € - € Total taxes and fees - € - € - € - € - € Provisioning of accounts receivable from premiums - € - € - € - € - € Total expenses for provisioning - € - € - € - € - € Provisioning for unforeseen losses - € - € - € - € - € Other expenses - € - € - € - € - € Total Administrative Expenses - € - € - € - € - € Administrative expenses for KIB - € - € - € - € - € Expenses for the Compensation Fund - € - € - € - € - € Border Insurance Expenses - € - € - € - € - € Expenses for the Insurance Association of Kosovo - € - € - € - € - € Total Operating Expenses - € - € - € - € - € Description Accident and Health Marine and Transport Casco Insurance against fire and other Liability insurance Insurance of loans and guarantees Financial loss insurance Total NonMTPL
€
9 prej 10 Administrative expenses for KIB Expenses for the Compensation Fund Border Insurance Expenses Expenses for the Insurance Association of Kosovo - € - € - € - € - € - € - € - € Total operating expenses - € - € - € - € - € - € - € - € Institution Insurer Form name Currency Euro (unless otherwise defined) Staff expenses Total Number of employees Management staff (Directors and CEOs) Staff at the Center (except directors and CEOs) Staff at the points of sale who are paid a fixed salary Sales agents who are paid commissions Other Total - Expenses for salaries, contributions and other benefits Management staff (Directors and CEOs) Staff at the Center Staff at the points of sale who are paid a fixed salary Other Total staff costs € - Institution Insurer
10 prej 10 Form name Currency in (%) (unless otherwise defined) Limitations according to the regulation Current in % According to the regulation, not more than: Indicators in percentage Expenses for commissions from MTPL 0% 8% Representation, Advertising and Promotion 0% 3% Sponsorships 0% 1% Total Expenses Report 0% 30%