2023-08-07
Added · Updated
The National Commission for Financial Markets of Moldova issued Decision No 34/15/2023 approving the Regulation on the licensing of insurance and/or reinsurance brokers. This Regulation establishes the comprehensive procedures for issuing, reissuing, suspending, and withdrawing broker licenses, including specific documentation requirements and financial thresholds. It mandates that applications be processed within 15 working days and requires brokers to maintain professional liability insurance with minimum coverage of MDL 10 million per claim.
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NATIONAL COMMISSION FOR FINANCIAL MARKETS
D E C I S I O N on the approval of the Regulation on the licensing of the insurance and/or reinsurance broker No 34/15 of 27.06.2023 (in force as of 11.08.2023)
Official Monitor of the Republic of Moldova No 306-309 Art. 783 of 11.08.2023
REGISTERED:
Ministry of Justice of the Republic of Moldova No 1826 of August 7, 2023 Minister _____ Veronica MIHAILOV-MORARU
Pursuant to Art.108 paragraph (2) letter g) and Art.110 paragraph (2) of the Law No 92/2022 on insurance and reinsurance activity (Official Monitor of the Republic of Moldova, 2022, No 129- 133, Art.229), the National Commission for Financial Markets DECIDES:
Approved by Decision of the National
Commission for Financial Markets
No 34/15 of 27.06.2023
REGULATION on the licensing of the insurance and/or reinsurance broker
Section 1
General provisions
year. Upon the request of the supervisory authority, the broker submits the financial statements of the brokerage assistant.
10. The broker submits annually to the supervisory authority, by March 31 of the year
following the management period, on paper and in electronic format (Microsoft Excel format), the register of its own staff and brokerage assistants, in accordance with Annex No 10.
11. The broker will submit the register of its own staff and brokerage assistants in accordance
with point 10 or, upon the request of the supervisory authority, on any other date.
Section 2
The licensing procedure for the insurance and/or reinsurance broker
12. In order to obtain the license for the activity of insurance and/or reinsurance
intermediation as an insurance and/or reinsurance broker, the broker shall submit the application, drawn up in accordance with Annex No 1, to which the following documents shall be attached:
a copy of the broker's state registration decision;
a copy of the broker's statute, with all amendments and additions registered as of the date
of submitting the application;
a copy of the decision of the competent body on the election/appointment of the head of
the executive body, the broker's chief accountant and, where applicable, other management bodies;
a copy of the title deed or the lease/loan contract of the real estate in which the licensed
activity of the broker will be carried out, with the attached extract from the Real Estate Register issued by the competent public authority;
the auditor's report (who holds a CISA certification in information systems auditing) or
the documents confirming the appropriate technical equipment and software programs for processing data related to insurance and/or reinsurance contracts and, where appropriate, to claims, under the conditions of Article 10 paragraph (21) of Law No 92/2022;
the sworn statement of the broker's management regarding the compliance of the premises
with the legal requirements stipulated in Art.8 paragraph (14) of the Law No 106/2022 on compulsory motor third party liability insurance for damage caused by vehicles, drawn up in accordance with Annex No 5;
a copy of the professional liability insurance contract, in force at the date of submission
of the application, with a minimum coverage of MDL 10 million for each damage claim and a total annual coverage of MDL 15 million for all damage claims, with no deductible allowed;
the bank certificate confirming the full deposit of the share capital, issued no later than 5
working days prior to the submission of the licensing application;
written declarations of the shareholders/associates/beneficial owners confirming that the
funds/contributions to the share capital come from licit sources and are free of obligations as per
Annex No 8, with the enclosure of supporting documents;
a copy of the organizational structure and internal regulations, specifying the
responsibility and competence of the persons with managerial functions and of the broker's own staff with intermediary duties of the broker;
the written declarations of the broker's director, shareholder/member/ beneficial owner
regarding close connections, as set out in Annex No 8;
the draft agreement with the insurance or reinsurance undertaking, which describes the
obligations of the parties and their responsibility to determine, independently, the essential characteristics and main elements of an insurance product, such as the sum insured, the insurance premium, the acquisition costs (including commissions), the risks, the compensation and guarantee rights, elements that are not substantially modified by the insurance or reinsurance undertaking providing the coverage offered by the insurance product;
the notification regarding the evaluation of senior management in accordance with the
regulatory acts of the supervisory authority regarding the requirements for senior management of insurance and/or reinsurance intermediaries;
the report/note on the evaluation of the chief accountant. For the position of chief
accountant, the person must have a university degree in economics with specialization in accounting, finance and/or auditing and at least 3 years of experience in bookkeeping and/or financial statements and/or auditing experience in the financial sector. The report/note on the evaluation of the chief accountant signed by the broker’s director shall be submitted with the following documents attached:
a) the decision of the authorized body regarding the appointment of the person to the position of chief accountant; b) a document certifying that the person has no criminal record and is not wanted or under criminal investigation; c) copies of documents certifying the completion of studies: a copy of the diploma or another document certifying the studies (containing the profile or title obtained (qualification)) and, where appropriate, copies of documents certifying training and/or professional development relevant to the position. At the discretion of the person - copies of documents proving participation in training and/or professional development courses in the last 7 years; d) a copy of the document proving the person's work experience; e) the sworn statement as in Annex 9, dated and signed by the person; f) a copy of the identity card confirmed by the holder's signature;
the decision of the authorized body regarding the delegation of powers of the broker’s
chief accountant to the audit entity or to the entity specialized in accounting, provided that the entity has been operating in accounting for at least 3 years, shall be submitted to the supervisory authority, with the following documents attached:
a) the extract from the State Register issued by the competent body for registering legal entities; b) a copy of the service contract concluded between the broker and the entity, the subject of which will be the delegation of powers to the chief accountant; c) declaration regarding the absence of conflicts of interest with the broker; d) information on the name, phone number and signature specimen of the head of the entity.
information on the Register of brokerage assistants, according to Annex No 9;
the document that certifies the ownership right or the contract related to the creation,
management and maintenance of its own official website;
the copy of the payment order regarding the payment of the fee for the
issuance/reissuance of the activity license.
damage reporting of claims, statistical information related to policyholders, insured, reinsured parties or the subject of insurance;
2) control of access to systems and data;
3) establishment of user profiles in relation to relevant tasks;
4) security of personal data processing.
16. In addition to the conditions of point 12, the issuance of compulsory motor third party
liability insurance contracts shall be carried out in the broker's subdivisions, which meet the requirements of Article 8 paragraph (14) of the Law No 106/2022 on compulsory motor third party liability insurance for damage caused by vehicles.
17. In the event of extending the validity period of the lease/loan agreement on the real estate
where the licensed activity is carried out or the acquisition of the ownership rights over it, the broker shall inform the supervisory authority about this fact, within a maximum of 5 working days from the date of the change.
18. The documents and/or information for obtaining the license and/or its reissuance shall
be submitted to the supervisory authority in accordance with the requirements set out in points 4 - 6 of this Regulation.
19. The documents and/or information to be attached to the application shall be indicated in
a schedule signed by the broker’s director or by the person authorized by them, according to Annex No 2, which shall be attached to the application for the issuance of the license and/or the reissuance of the license.
20. Within no more than 15 working days from the date of receipt of the complete set of
documents, the supervisory authority decides whether to grant the license or refuse the issuance of it.
21. If, during the examination of the application and the documents submitted, changes or
new circumstances have arisen, the broker is obliged to inform the supervisory authority and submit the amended documents to that effect.
22. If the documents or information submitted are insufficient for granting the license, under
this Regulation, the supervisory authority may request the necessary documents and information, including from other persons or authorities to the extent that such information is required for granting the license under this Regulation.
23. In the cases specified in points 21 and 22, as well as in the case of the need to request
additional information, the deadline set out in point 20 may be extended or suspended for a period set by the supervisory authority, with the broker being informed, as the case may be.
24. If the additional documents and information requested from the broker have not been
submitted within the deadline set by the supervisory authority, the latter shall terminate the examination procedure of the application by informing the broker, at the latest within 10 working days from the date of expiry of the deadline for completing the set.
25. The decisions of the supervisory authority on the granting, reissuance, suspension,
withdrawal of the license shall be communicated in writing to the broker and published on the official website of the supervisory authority.
26. The license for insurance and/or reinsurance brokerage activities is granted for an
unlimited term and is non-transferable.
27. The license shall be issued on a special form indicating:
the series, number and date of issuance/extension of the license;
the name of the licensing authority;
the name, legal form of organization, registered address of the license holder;
the state identification number (IDNO) of the license holder;
the type of activity, in whole or in part, for the conduct of which the license is issued;
the date of license issuance;
the validity period of the license;
the signature of the head of the licensing authority or their deputy, authenticated by the
application of this authority’s stamp.
Section 3
The procedure for reissuing the license of the insurance and/or reinsurance broker.
32. The grounds for reissuing the license are:
The supervisory authority shall decide on the issuance of the renewed license or the
refusal of the license renewal within a maximum of 20 working days from the date of receipt of the application, accompanied by the complete set of documents and/or information required by this Regulation.
If, during the examination of the application and the documents submitted, changes or
new circumstances have arisen, the broker is obliged to inform the supervisory authority and submit the amended documents to that effect.
If the documents or information submitted are insufficient for the license to be reissued
in accordance with this Regulation, the supervisory authority may request the necessary documents and information, including from other persons or authorities to the extent that such information is necessary for the license to be reissued in accordance with this Regulation.
In the cases specified in points 35 and 36, as well as in the event of the need to request
additional information, the time limit set out in point 34 may be extended or suspended for a period set by the supervisory authority, with the broker being informed, as applicable.
If the additional documents and information requested from the broker have not been
submitted within the deadline established by the supervisory authority, the latter shall terminate the examination procedure of the application by informing the broker, within a maximum of 10 working days from the date of expiry of the deadline for completing the set.
The renewed license is issued on a new form, taking into account the changes indicated
in the application. The decision to renew the license shall indicate the invalidity of the previous license form. At the same time, an authorized copy of the renewed license shall be issued for each subdivision upon payment of the respective fee.
The amendments and additions made when the license is reissued are entered in the
Register no later than the next working day after the entry into force of the decision.
During the examination period of the application for the reissuance of the license, the
license holder may continue their activity on the basis of an authorized copy of the previous license form, previously issued by the supervisory authority.
The grounds for rejecting the application for the license renewal is the fact that the
documents submitted, at the time of submitting the application for the license renewal or within the deadline specified in point 38, are not prepared in accordance with the legal provisions or are incomplete and/or the information provided is inaccurate or insufficient for assessing compliance with the conditions set out in Law No 92/2022 and this Regulation.
Section 4
Procedure for issuing the duplicate of the insurance and/or reinsurance broker's license
43. The grounds for issuing a duplicate of the license may be the loss, theft, destruction, or
damage of the original.
44. In the event of loss, theft, destruction or damage of the license, the broker shall be
obliged, within up to 5 working days from the moment of its discovery, to publish a notice in the Official Monitor of the Republic of Moldova and, within up to 10 working days, to submit to the supervisory authority an application for the issuance of a duplicate of the license, indicating the grounds for the issuance.
45. The supervisory authority shall decide on the issuance of the duplicate license within up
to 15 working days from the date of submission of the application for its issuance.
46. In the case of issuing a duplicate license, the supervisory authority shall take a decision
to cancel the lost, stolen, destroyed or damaged license form and enter the respective changes into the Register not later than the next working day after the entry into force of that decision.
47. During the examination period of the application for the issuance of the duplicate license,
the broker may conduct its activity on the basis of the sworn statement regarding compliance with the licensing conditions, submitted to the supervisory authority together with the application for the issuance of the duplicate license.
48. The new license form shall be issued with the mention "Duplicate".
Section 5
Procedure for suspension and withdrawal of the insurance and/or reinsurance broker's license
51. The grounds under which the broker's license may be suspended or withdrawn are set
out in Article 111 of Law No 92/2022.
52. In the case of suspension/voluntary withdrawal of the license, the broker submits to the
supervisory authority an application drawn up in accordance with Annex No 6, attaching the decision of the competent body of the broker.
53. The decision on the suspension/withdrawal of the license shall be taken within up to 15
working days from the date of the application submitted under point 51.
54. In the case of license suspension/withdrawal, the supervisory authority requests from the
insurers or reinsurers information on the broker's debts pursuant to Article 108 paragraph (10) of Law No 92/2022. In the case of identification of the debts, the supervisory authority may order the application of precautionary measures on the broker's assets in accordance with Article 106 paragraph (7) of Law No 92/2022.
55. The suspension/withdrawal of the license implies the cessation of the broker's activity
for the activity included in the license.
56. The license holder in respect of whom the decision on suspension/withdrawal of the
license has been taken is obliged:
At least 30 days before the expiry of the term for which the license was suspended, the
head of the broker shall submit an application for resumption or termination of activity.
The supervisory authority shall adopt the decision to terminate the suspension of the
license on the basis of the application submitted by the broker’s director and/or supporting documents confirming that the circumstances that served as grounds for the suspension of the license have been removed.
Section 6
Issuance of authorized copies of the license and the processing of modifications in the Register of professional participants in the insurance market
The supervisory authority issues to the broker the authorized copy of the license for each
subdivision in the Republic of Moldova, in which the insurance and/or reinsurance brokerage activity is carried out.
The broker is obliged to place the copy of the license in a conspicuous place in all of its
branches and subdivisions.
The authorized copy of the license is a copy of the original license and its annex. The
first page of the copy shall bear the endorsement 'Authorized copy for the subdivision' indicating the address of the subdivision concerned. The copy shall bear the handwritten signature of the authorized member of the supervisory authority’s management body, the stamp of the supervisory authority and the date on which it was signed.
For the issuance of authorized copies, the broker shall submit to the supervisory authority
the original license and the proof of payment of the corresponding fee.
The authorized copies and the original license may be picked up by a person empowered
to do so.
The authorized copy of the license shall be issued within 5 working days from the date
of submission of the original license to the supervisory authority.
In the event of damage to or loss of the authorized copy of the license, a new authorized
copy of the license shall be issued under the conditions of this section.
In the case of expansion of the activity with new subdivisions or cessation of their
activity, as well as in case of other modifications (e.g. correction or renaming of the existing address), the broker is required to submit to the supervisory authority an application within 10 working days from the date of occurrence of the grounds, according to Annex No 4, enclosing the relevant documents, in order to make amendments and additions to the Register, and the authorized copy (authorized copies) of the license, with the corresponding fee, shall be requested.
The application for the expansion/cessation of activity related to subdivisions shall be
accompanied by:
Annex No 1
to the Regulation on the licensing of the insurance and/or reinsurance broker
No _______ of ____ ___________20
Supervisory Authority
APPLICATION
For the issuance of the license
I apply for the issuance of the license for the activity of insurance and/or reinsurance intermediation as an insurance and/or reinsurance broker (name, legal form of organization)_____________________________ legal address (registered office) _______________________________ undertaking's state identification number (IDNO)________________________ phone number______________ fax number_______________ e-mail address ______________________ and a number of ____________________________________ authorized copies of the license required for the conduct of the activity _________________________________________________________________________ (indicate the location of the undertaking's subdivisions, at which the activity will be carried out under the license).
I hereby declare on my own responsibility, under penalty of law, that when carrying out the type of activity for which I am applying for a license, I will comply with the licensing conditions stipulated by the legislation.
(full name of the broker’s director or the authorized person)
(date)
(signature)
Annex No 2
to the Regulation on the licensing of the insurance and/or reinsurance broker
LIST OF DOCUMENTS submitted to the supervisory authority by ________________________________________ No._______ of __________________ 20__ Order No. Document Name File No.
(the full name of the broker's director or the authorized person) __________________ (date) (signature)
Annex No 3
to the Regulation on the licensing of the insurance and/or reinsurance broker
No. ________ of _____________20
Supervisory Authority
APPLICATION
For the reissuance of the license
I respectfully request the reissuance of the license no.______ series ______ issued on 20 of the license holder _____________________________________________________________________________ ___________ (name of the broker) having the legal address (headquarters)________________________________ state identification number of legal entities (IDNO)_________________ phone number_______________ fax number_________________ e-mail address____________________________
Reason for the reissuance of the license:
_____________________________________________________________________________ _________;
Location (name and address) of the broker's subdivisions where the activity is conducted under the license
At the same time, I request the issuance of ___________ authorized copies of the license for each subdivision.
Note: Please indicate the number of the Official Monitor in which the notice of change of the registered office or name of the broker is published. __________________________________________
Documents according to the schedule shall be attached to the application.
______________________________________ __________________ the full name of the broker’s director or the authorized person (signature)
(date)
Annex No 4
to the Regulation on the licensing of the insurance and/or reinsurance broker
No. ______ of __ _____________20
Supervisory Authority
APPLICATION for the processing of modifications and additions in the Register of licensed insurance and/or reinsurance brokers.
Full name of the broker ___________________________________ Legal form of organization_______________________________________ Legal address (headquarters)____________________________________________ State identification number of legal entities (IDNO)______________ Phone number_______________ fax number____________________ E-mail address ______________________________________________
Reason for processing the modifications/additions in the Register of licensed insurance and/or reinsurance brokers:
At the same time, I request the issuance of ___________ authorized copies of the license.
The documents according to the list are attached to the application.
The document confirming the payment of the fee.
______________________________________ __________________ _____ (the full name of the broker's director or the authorized person (signature) __________________ (date)
Annex No 5
to the Regulation on the licensing of the insurance and/or reinsurance broker
DECLARATION
I, the undersigned________________________________, in my capacity as the executive body of the insurance and/or reinsurance broker___________________________________________________________, (name, surname) _____________________________________________________________________________ __________ (name, IDNO) hereby declare on my own responsibility that the subdivision located at the address , with cadastral number___________, registered with the State Tax Service on , as confirmed by the certificate on the registration of taxable subdivisions/objects no. of_______________, complies with the requirements of
Article 8 paragraph (14) of Law No 106/2022 on compulsory civil liability insurance for
damages caused by motor vehicles.
Furthermore, I hereby inform that the activity will be carried out under the contract _________________ (contract number, date of conclusion, signatory parties, term of the contract, cost of the contract).
By my signature, I confirm the authenticity of this declaration and acknowledge the legal consequences in the case of providing false information. *
_______________________________ ___________________ (signature) (name, surname of the broker's director or the authorized person) __________________ (date)
*NOTE: In accordance with the legislation in force, the grounds for taking actions provided by the law for the withdrawal of the permit (license) without court intervention by the supervisory authority include the detection of inauthentic data in the documents submitted to the issuing authority.
Annex No 6
to the Regulation on the licensing of the insurance and/or reinsurance broker
APPLICATION
For voluntary suspension/withdrawal of license ________________________________________________________________________ _____ (name of license holder) Granted by the Supervisory Authority’s Decision No.______ of ______________
Documents attached to this application are on ____ files, including the original license, where applicable. ___________________________________ ___________________ (full name of the broker’s director or the authorized person) (signature) __________________ (date) ________________________________ The reason(s)/circumstances for requesting the suspension/withdrawal of the license shall be indicated in the case of submission of the application for voluntary suspension/withdrawal of the license. If the answer is affirmative, a list must be attached with the names and identification data of the creditors, the amounts owed, and the method of settling the debts. The list shall be signed by the broker’s director and stamped by the licensed undertaking. If the answer is affirmative, details shall be provided on a separate page, signed by the broker’s director or the authorized person.
Annex No 7
to the Regulation on the licensing of the insurance and/or reinsurance broker MINIMUM CONTRACTUAL REQUIREMENTS that must be included in the professional liability insurance contract of the broker
Object of insurance
Within the limits of the liability assumed by the insurance contract, the insurer accepts that, in return for the insurance premiums received from the insured, the broker, in the amount, on the terms and under the conditions agreed upon in the insurance contract, shall cover the financial losses which the insured is obliged to bear in the event that, while performing activities related to the brokerage of insurance and/or reinsurance, they have caused damage to one of his clients, whether a natural or legal person, which he is obliged to repair by virtue of his professional liability. For this purpose, 'client' shall refer to any natural or legal person, sole trader, for whom the broker has mediated an insurance and/or reinsurance contract.
Insured Risks, Compensation
2.1. Under this insurance contract, the insurer shall cover claims for
damages arising from losses for which the insured is legally liable to injured third parties, including defense costs incurred by the insured in taking measures to mitigate the loss suffered, provided that the insured reasonably considers the measures appropriate under the circumstances, even if they did not result in the mitigation of the loss, through culpable breach, negligence, misrepresentation or other omission of professional duties, for the following insured risks:
2.1.1. the material damage which the insured person must compensate,
by way of indemnity, for the harm caused to the beneficiaries of services rendered by the insured person in the exercise of his professional activity, for operations such as:
a) negotiating on behalf of its client, presenting or proposing insurance and/or reinsurance contracts; b) actions to prepare for the conclusion and/or conclusion of insurance and/or reinsurance contracts; c) actions which contribute to the management of contracts concluded on behalf of its client; d) providing assistance before and during the term of the contracts or in connection with the settlement of claims, as the case may be;
e) representing the client under the conditions specified in the mandate agreement, in relation to the conditions of insurance and/or reinsurance, the insured risks, the insured sum, the insurance tariffs, the insurance premium, the methods of payment of the insurance premium and the settlement of claims, as the case may be; f) correspondence between the client and the insurer regarding the insurance/reinsurance application, termination of insurance/reinsurance contracts, payment of insurance premiums or premium installments, request for documents and information related to the settlement of claims; g) execution of the broker mandate, where applicable;
2.1.2. legal costs incurred by the insured in civil proceedings,
established by a final court judgment, if the insured has been ordered to pay compensation;
2.1.3. legal costs incurred by the insured's client as the injured party, in
order to complete the legal formalities required to oblige the insured to pay the compensation, provided that the insured has been ordered to pay these costs by a final court judgment.
2.2. The professional liability contract shall cover damages caused by
the insurance and/or reinsurance intermediary whose loss occurred during the validity period of the contract. Claims are submitted during the insurance period or within a period at least equal to the applicable statute of limitations and must be based on an event that occurred before the expiration of the insurance period.
2.2.1. The insured is obliged to notify the insurer of the occurrence of
the insured risk within 2 working days from the date of becoming aware of it.
2.2.2. The insurer may grant, through special clauses in the insurance
contract, an extended period for notifying the occurrence of the insured risk.
2.3. The deadline for payment of compensation is maximum 30 days
after submission of the claim and all documents/information required for examination. Payment of the insurance claim shall be made no later than one week after acceptance and quantification of the claim or, as the case may be, the part of it.
3.5. The insured has the obligation, in accordance with the legislation
in force, to conclude a new professional liability insurance contract for the insurance and/or reinsurance intermediary.
3.6. The insurance contract is valid for the activity carried out by the
insured in the Republic of Moldova, in compliance with the legislation in force.
Insurance premiums and sums insured
4.1. The insurance premium is paid either in full or in installments.
4.2. The payment of the insurance premium or the payment of the first
installment of the insurance premium must be made within 3 working days of the due date, otherwise the risk is not assumed by the insurer until the premium is paid. The insurance period will only start to run from the moment when the premium or the relevant installment has been paid.
4.3. If it has been decided that payment is to be made in installments
and the insurance period has begun, after the amount is due, the insurer shall send a warning to the policyholder specifying the exact amount of the premium due, allowing a supplementary period of at least 2 weeks from the date of dispatch and informing the policyholder of the imminent suspension of the insurance period if payment is not made in full. The insurance period shall be suspended after the expiry of the additional term and shall be resumed for the future only as soon as the policyholder has paid the amount due.
4.4. Upon the expiry of the period referred to in point 4.2 or, as the case
may be, point 4.3, without the premium being paid, the insurer has the right to terminate the insurance, provided that the notifications regarding the legal effects stipulated in the same points additionally specify that the insurer shall be entitled to terminate the insurance.
4.5. The insurance shall automatically terminate if the insurer does not
initiate an action for enforced payment of the premium or part of the premium within 2 months from the expiry of the period referred to in point 4.2. or, as the case may be, in point 4.3.
4.6. The insurance contract shall also include the conditions of
declaration and the effects of termination.
4.7. The sum insured is at least MDL 10 million for each claim for
damages and an overall amount of MDL 15 million per year for all claims.
4.8. Excesses are not allowed when concluding a professional
indemnity insurance contract for insurance and/or reinsurance intermediaries.
Obligations of the insured
5.1. When the insured event occurs, the insured is obliged to take all
necessary precautions and measures, according to the circumstances, to limit the damage.
5.2. The insured is obliged to notify the insurer in writing of the
occurrence of the risk insured under the insurance contract, in accordance with subpoint 2.2.1.
5.3. At the insurer’s request, the insured has the obligation to cooperate
with the insurer in the investigation of the insured event by complying with its reasonable requests, in particular requests to provide information about the causes and effects of the insured event, to provide other documentary and
other evidence of the insured event, as well as to grant access to the place of occurrence of the insured event.
5.4. The insured is obliged to notify the insurer of any changes occurring
in the course of their activity.
Exclusions
No compensation will be provided for:
a) acts of insult or defamation; b) damage caused intentionally or through the commission of an act covered by the criminal code, fraud or gross negligence by the insured or any person for whom the insured is liable under the law; c) financial loss resulting from invoicing and/or settlement errors with the insurer; d) losses resulting from the completion of questionnaire applications by clients; e) losses resulting from promises, liabilities assumed by the insured under contract, or any other type of commitment or express guarantee given by the insured that exceed their professional liability under the law; f) damage caused by the insured through bodily injury or death; g) damage caused by the insured through deterioration or destruction of property; h) damage resulting from the professional activity of insurance and/or reinsurance intermediaries, without a mandate agreement being in place between the insured and their clients; i) direct or indirect damage, resulting from events or consequences of force majeure, including by various military measures instituted during a state of emergency, siege or war or by actions caused by natural disasters, nuclear explosions, radiation or radioactive pollution, mass disorder, as well as by terrorist activities, seizure, confiscation, nationalization, expropriation for public utility, requisition or deterioration/destruction of property by an order of any public authority; j) damage caused to insurers as a result of the broker's failure to transfer insurance premiums to the insurer's account.
Other provisions
The professional civil liability insurance contract will also contain other mandatory clauses, as provided by Law No 92/2022, the Civil Code and other normative acts in force.
Annex No 8
to the Regulation on the licensing of the insurance and/or reinsurance broker
DECLARATION*
I, the undersigned (a)_______________________________ (full name of the individual), in my capacity as _____________________ of _______________________ (name of the broker), hereby declare on my own responsibility that:
(date)
(signature)
DECLARATION*
I, the undersigned (a) _______________________ (full name of the individual), in my capacity as shareholder/partner of the broker ___(name of the broker), IDNO, being a beneficial owner / having the following individuals as beneficial owners :
I am not a person holding a managerial position within an insurance
and/or reinsurance intermediary declared insolvent or undergoing insolvency proceedings;
I do not simultaneously hold a position within other professional
participants in the insurance sector;
the funds/contributions to the share capital come from legal sources
and are free from obligations.
Depending on the source and sufficiency of the income that will be used to form/increase the broker's share capital, I present:
certificates issued by employers (with the signatures of the manager
and chief accountant, and the undertaking's stamp, if applicable), certifying the receipt of income from professional activity; and/or
notarized copies of primary documents confirming the ownership of
the shares held in the capital of a commercial undertaking; and/or
notarized copies of primary documents certifying the ownership of
other assets (obtained by donation, inheritance, etc.); and/or
other documents confirming income from similar sources,
demonstrating the origin and sufficiency of own funds for forming/increasing the broker's share capital. The documents attached to this declaration are:
a valid criminal record certificate, in original; for non-residents,
additional similar documents issued by the respective state confirming that the person has no criminal record;
curriculum vitae in Europass format, with handwritten/electronic
signature;
a copy of the identity document, certified by the holder with a
handwritten/electronic signature for compliance with the original.
(date)
(signature)
DECLARATION*
_______________________________________ (full name of the legal entity), acting on behalf of and in the interests of which ____________________________(full name of the authorized person), based on the law/administrative act/statute, in my capacity as a shareholder/partner of the broker __________________(name of the broker), IDNO, with the following individuals as beneficial owners:
the close ties with the above-mentioned persons do not impede the
effective exercise of the supervisory process by the supervisory authority;
it is not in the process of liquidation or insolvency, and no legal
restrictions have been imposed on legal entities/individuals from establishing undertakings or participating in their share capital at the time of applying for the license;
the funds/contributions to the share capital come from licit sources and
are free from obligations.
Depending on the source and sufficiency of the income that will be used to form/increase the broker’s share capital, the following documents are presented:
notarized copies of primary documents confirming the ownership of
the shares held in the capital of a commercial undertaking; and/or
other documents confirming income from similar sources, proving the
origin and sufficiency of own funds for the formation/increase of the broker’s share capital. The documents attached to this declaration are:
the list of shareholders/partners and their beneficial owners, including
the last indirect shareholder (natural person), accompanied by incorporation documents or other supporting documents, in copies, certified by the legal representative, where applicable, with a handwritten signature for compliance with the original;
an extract from the State Register of Legal Entities;
annual financial statements for the last financial year of the
shareholder/partner legal entity;
a valid criminal record certificate, in original; for non-residents,
additional similar documents issued by the respective state confirming that the person has no criminal record;
a certificate issued by the State Tax Service on the absence or
existence of budget arrears.
(date)
(signature of the authorized person of the legal entity)
Annex No 9
to the Regulation on the licensing of the insurance and/or reinsurance broker
DECLARATION
(chief accountant)
I, the undersigned _______________________________ (full name), in my capacity as ______________________________________________, hereby declare on my own responsibility the following:
(a) the existence or non-existence of a conflict of interest and how the conflict is being managed or remediated, including a reference to the aspects covered in the insurer's conflict of interest policy or any provisions for managing or mitigating conflicts; (b) a review of the legal framework and the supervisory authority's regulatory acts relevant to the insurance field; (c) good repute, with an indication, where appropriate, of the sanctions applied by any supervisory authority in the financial sector or for foreign citizens - by similar authorities in their country of origin;
d) knowledge of the Romanian language; e) knowledge of insurance accounting. At the same time, being aware of the provisions of the Criminal Code on false statements, I declare on my own responsibility that all the information is complete and accurate, and that there are no other relevant facts that need to be brought to the attention of the supervisory authority. __________________ (date) __________________________ (signature of the person)
Annex No 10
to the Regulation on the licensing of the insurance and/or reinsurance broker REGISTER Of own staff and brokerage assistants
Orde r num ber
(uniq ue code)
Name, surname/
Name
ID
NO cod e /
ID
NP cod e
Posit ion held
Date of registra tion in the
Registe r
Basis for registra tion in the
Registe r
Date of remo val from the
Regis ter
Confirm ation of training requirem ents of own/assis tant brokerag e staff Financial indicators of brokerage assistants* Not es Income from intermedi ation services income from the main (core) operatio nal (professi onal) activity 1 2 3 4 5 6 7 8 9 10 11
(signature of the broker's director)
(signature of the chief accountant)
HOW TO COMPLETE the Register of own staff and brokerage assistants
Row number (unique code) - is filled in by assigning the row number. The row number
is unique for each person and cannot be removed from the Register. In the event of modifications to the data in the Register for a particular person, the new data shall be entered in place of the old data, and the necessary entries shall be made.
Name, Surname/Name - the name and surname of the individual - own staff/brokerage
assistant; the name - in the case where the brokerage assistant is a legal entity.
IDNO Code/IDNP Code - for individuals, the code should be indicated according to the
data from the ID card, for legal entities/individual entrepreneurs - the state identification number, according to the extract from the State Register of Legal Entities, or the data from the Electronic Bulletin.
Position held - for own staff, indicate the position held within the entity, for brokerage
assistants - legal entities/individual entrepreneurs, fill in the type of activity performed.
Date of registration in the Register - indicate the date of registration of own
staff/brokerage assistant.
Basis for registration in the Register - indicate the type of contract (individual
employment contract, etc.) under which the own staff/brokerage assistant is employed.
Date of removal from the Register - indicate the date of termination/cessation of the
contract/legal act under which the own staff/brokerage assistant is employed.
Confirmation of professional training requirements of own staff/brokerage
assistants - indicate the number and date of issue of the insurance qualification certificate for own staff with brokerage duties or the confirmation of the person's participation in at least 20 academic hours per year, organized by the insurer for training purposes for brokerage assistants. 9), 10) Financial indicators for brokerage assistants – indicate the data from the accounting records, specifically the income from brokerage services and income from the main (core) (professional) activity. This data shall be included in the annual financial statements.
PRESENTATION
Register of own staff and brokerage assistants
The register of own staff and brokerage assistants shall be submitted to the supervisory authority by March 31 of the year following the reporting period, both in paper format and electronically (Microsoft Excel format). In the event of discrepancies between the data entered in the paper-based register and in the electronic register, the data entered in the paper-based register shall be deemed to be accurate.
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Source: National Bank of Moldova — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works