2014-03-20 | cba-blob-8559Added · Updated
The Governor of Aruba has issued this State Decree to establish a comprehensive licensing regime for insurance brokers operating in the jurisdiction. The Central Bank of Aruba is mandated to grant licenses based on compliance with corporate governance, minimum equity capital, and reporting standards, while prohibiting unlicensed professional brokerage activities. The decree further standardizes commission structures, premium collection duties, and portfolio ownership rules, granting the Bank supervisory authority to issue directives, maintain a public register, and enforce compliance through license suspension or withdrawal.
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Unofficial and not binding translation
STATE DECREE containing General Administrative Orders of implementing Article 27a, first paragraph, of the State Ordinance on the Supervision of the Insurance Business (‘AB’ [Official Gazette] 2000 No. 82) in respect of insurance brokers (State Decree on the Supervision of Insurance Brokers) ------------------------------------ IN THE NAME OF THE KING! THE GOVERNOR of Aruba, Having considered:
that, for the promotion of an orderly course of trade and the integrity of the financial sector, as well as for the protection of the interests of policyholders and other interested parties of an insurance, it is desirable to lay down rules with regard to the conduct of the insurance brokerage business and to place the insurance brokers under supervision. Having regard to:
Article 27a, first paragraph, of the State Ordinance on the Supervision
of the Insurance Business (AB 2000 No. 82); After hearing the Advisory Council, has decided:
§1. General provisions
Article 1
§2. Market access
Article 2
§3. Statement of mutatis mutandis applicability
Article 4
the Bank concerning the content of this information and the form, manner, periodicity, and the periods of submission, as well as concerning the certification of this information by an auditor.
2. Each year, within six months after the end of the financial year,
an insurance broker shall submit its financial statements and annual report to the Bank. The financial statements shall be accompanied by a declaration on the accuracy of the information contained in them, signed by an auditor. The annual report shall give a true and fair view of the state of affairs on the balance sheet date and the course of events during the financial year.
3. The Bank may give directives to insurance brokers concerning
the content of the financial statements and the form and manner of submission. §6. Financial guarantees
Article 8
An insurance broker shall dispose of a minimum amount of
equity capital.
The Bank may give directives to insurance brokers concerning
the amount and composition of the minimum equity capital as referred to in the first paragraph. §7. Duty of care
Article 9
Before allowing third parties to act as an intermediary in its
name or for its account, an insurer shall ascertain that these third parties are authorized to act as an insurance broker pursuant to this State Decree.
An insurer that knows or should know that the license of an
insurance broker has been withdrawn shall no longer conclude any new life insurance contracts or general insurance contracts through the intermediary of that insurance broker.
Before allowing third parties to act as an intermediary in its
name or for its account, an insurance broker shall ascertain that these third parties are also authorized to act as an insurance broker pursuant to this State Decree
An insurance broker that knows or should know that a third party
who acts as an intermediary in its name or for its account or in whose name or for whose account it itself acts as an intermediary is no longer allowed to act as an insurance broker pursuant to this State Decree shall no longer allow that third party to act as an intermediary in its name or for its account or shall discontinue its own activities in the name or for the account of that third party.
For the application of the first and second paragraph, if an
insurance broker acts as an intermediary for an authorized agent or an authorized sub-agent, the authorized agent or authorized sub-agent shall be considered equivalent to an insurer. §8. The legal status of an insurance broker
Article 10
An insurance arranged through the intermediary of an insurance broker or transferred to the portfolio of an insurance broker shall belong to the portfolio of that insurance broker in the relation to the insurer, as long as it has not been transferred from it, or the insurer has not taken over the management of it.
Article 11
Without the permission of the insurance broker or its successors
in title, an insurer shall not transfer its portfolio in whole or in part to the portfolio of another insurance broker.
In derogation from the first paragraph, the insurer shall transfer
an insurance from the portfolio of an insurance broker to that of another insurance broker at the written request of the policyholder, unless the insurer has well-founded objections to that insurance broker.
The first and second paragraphs shall apply mutatis mutandis to
the insurer that has taken over the management of an insurance.
At the written request of an insurance broker, the insurer shall
cooperate in the full or partial transfer of the portfolio of that insurance broker to another insurance broker, unless the insurer has well-founded objections to that insurance broker.
Article 12
Article 13
Article 15
§10. The remuneration
Article 18
Notwithstanding Article 19, second paragraph, the remuneration
of an insurance broker shall exclusively consist of commission in respect of the activities performed for arranging insurances, renewing insurances, or collecting premiums.
The remuneration an insurance broker receives for the services
provided by it from the insurer shall not be such that the interests of the client are or could by compromised by it. If an insurance is offered or arranged through the intermediary of an authorized agent or an authorized sub-agent, the authorized agent or authorized sub-agent shall be considered to be the insurer.
Article 19
An insurance broker is not allowed to charge a policyholder or
those for whose benefit an insurance has been taken out a claim settlement commission in case of a claim.
The Bank may grant a dispensation from the prohibition referred
to in the first paragraph, for types of insurances to be determined by Ministerial Regulation, to the insurance broker that proves to the satisfaction of the Bank that it disposes of the suitable business operations and expertise in this respect and that it can make the efforts to be reasonably demanded from it for the settlement of claims .
The Bank may have the quality of the business operations, the
expertise, and the procedures for the settlement of claims assessed by an expert third party for the account of the insurance broker concerned.
The claim settlement commission that may be charged shall not
exceed one percent of the amount of the claim to be paid to the insured person.
Article 20
It is not allowed to grant, relinquish, or promise directly or
indirectly commission, return commission, or any other benefit measurable in money in respect of an insurance to others than the insurance broker to whose portfolio the insurance belongs, without prejudice to Article 12, third paragraph.
The Bank may grant a dispensation from the prohibition referred
to in the first paragraph, if the prohibition in a concrete situation is contrary to generally accepted customs or the general interest of the insurance business. §11. The register
Article 21
The Bank shall keep a register in which all insurance brokers
that have received a license as referred to in Article 2, first paragraph, shall be entered, as well as the credit institutions that have notified to the Bank pursuant to Article 2, third paragraph. The register shall state whether a registered insurance broker is dependent or independent of one or more insurers. Furthermore, the register shall state whether a registered insurance broker is an authorized agent, as well as the name of the insurer to which the authorization applies. The register shall be organized in a manner to be determined by the Bank and shall be available for inspection by each and anyone, free of charge, at the office of the Bank.
The Bank shall be responsible for the removal from the register
of each insurance broker whose license as referred to in Article 2, first paragraph, has been withdrawn and each credit institution that no longer acts as an insurance broker.
The entry in or removal from the register shall be announced by
the Bank within two weeks after the day on which it took place in the Official Gazette of Aruba and in two local newspapers.
Every year in the month of January, the Bank shall publish a
copy of the register as of December 31 of the previous year in the Official Gazette of Aruba and in at least two local newspapers. §12. Transitional and final provisions
Article 22
An enterprise or institution that performs activities falling under
the scope of this State Decree on the date of entry into force of this State Decree may file an application for issuance of a license with the Bank within six months after this date, in accordance with the applicable requirements.
Article 2, first paragraph, shall not apply to enterprises or
institutions as referred to in the first paragraph for a period of six months after the date of entry into force of this State Decree. Furthermore, Article 2, first paragraph, shall not apply to enterprises or institutions as referred to in the first paragraph, which filed an application with the Bank in accordance with the first paragraph, until the moment at which the Bank has decided on the application.
Article 6, fourth paragraph, of the State Ordinance, shall apply
mutatis mutandis to the process of an application as referred to in the first paragraph.
Credit institutions as referred to in Article 2, second paragraph,
subparagraph b, which act as an insurance broker on the date of entry into force of this State Decree, shall comply with the notification obligation as referred to in Article 2, third paragraph, within three months after the entry into force of this State Decree.
Article 23
This State Decree shall enter into force as of the day following
the day of its publication in the Official Gazette of Aruba.
It may be cited as the State Decree on the Supervision of
Insurance Brokers.
Given in Oranjestad,
The Minister of Finance and Government organization, The Minister of Justice,
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Source: Centrale Bank van Aruba — 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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