Union of India - Act
The Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002
UNION OF INDIA
India
India
The Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002
Rule THE-INSURANCE-REGULATORY-AND-DEVELOPMENT-AUTHORITY-LICENSING-OF-CORPORATE-AGENTS-REGULATIONS-2002 of 2002
- Published on 16 October 2002
- Commenced on 16 October 2002
- [This is the version of this document from 16 October 2002.]
- [Note: The original publication document is not available and this content could not be verified.]
14.
/680In exercise of the powers conferred by section 42 and section 42-D and clauses (k), (l), (m), (n), (o) and (p) of sub-section (2) of section 114-A of the Insurance Act, 1938 (4 of 1938), the Authority, in consultation with the Insurance Advisory Committee, hereby makes the following regulations, namely:-1. Short title and commencement .-(1) These regulations may be called The Insurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002.
2. Definitions .-(1) In these regulations, unless the context otherwise requires,-
(a)"Act" means the Insurance Act, 1938 (4 of 1938);(b)"approved Institution" means an Institution engaged in education and/or training particularly in the area of insurance sales, service and marketing, approved by the Authority;(c)"Authority" means the Insurance Regulatory and Development Authority established under the provisions of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);(d)"certification" means the process by which a specified person of the corporate agent, who has successfully undergone practical training and passed the required examination, is issued a certificate entitling him to solicit and procure insurance business on behalf of the corporate agent;(e)"composite corporate agent" means a corporate agent who holds a license to act as an insurance agent for a life insurer and a general insurer;(f)"corporate agent" means any person specified in clause (k) and licensed to act as such;(g)"corporate insurance executive" in the case of company or firm means, a director or a partner or one or more of its officers or employees so designated by it, and in the case of any other person, the chief executive, by whatever name called, or one or more of his employees designated by him, who possesses the requisite qualifications and practical training and who have passed such an examination as required under clauses (e) and (f) of section 42 of the Act;(h)"designated person" means an officer normally in charge of marketing operations, as specified by an insurer, and authorised by the Authority to issue or renew licenses under these regulations;(i)"examination body" means an Institution, which conducts pre-recruitment tests for insurance agents and which is duly recognised by the Authority;(j)"license" means a certificate of license to act as an insurance agent issued under these regulations;(k)"person" means-(i)a firm; or(ii)a company formed under the Companies Act, 1956 (1 of 1956); or(iii)a banking company is defined in clause (4-A) of section 2 of the Act; or(iv)a corresponding new bank as defined under clause (d) of sub-section (1) of section 5 of the Banking Companies Act, 1949 (10 of 1949); or(v)a regional rural bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); or(vi)a co-operative society including a co-operative bank, registered under the Co-operative Societies Act, 1912 (2 of 1912) or under any law for the registration of co-operative societies; or(vii)a panchayat or a local authority; or(viii)a Non-Governmental organisation or a micro lending finance organisation covered under the Co-operative Societies Act, 1912 (2 of 1912) or a Non-Banking Financial Company registered with the Reserve Bank of India; or(ix)any other institution or organisation which on an application to the Authority is specifically approved by the Authority;(l)"practical training" includes orientation, particularly in the area of insurance sales, service and marketing, through training modules as approved by the Authority;(m)"recognised Board or Institution" means such board or institution as may be recognised by any State Government or the Central Government;(n)"specified person" means a director or a partner or one or more of its officers or other employees so designated by the corporate agent and, in the case of any other person, the chief executive, by whatever name called, or one or more of the employees designated by him, who has undergone the practical training, examination, certification and who is responsible for soliciting and procuring insurance business on behalf of the corporate agent.3. Issue or renewal of license .-(1) A person desiring to obtain or renew a license (hereinafter referred to as "the applicant") to act as a corporate agent or a composite corporate agent shall proceed as follows:-
(a)the applicant shall make an application to a designated person Form IRDA-Corporate Agents-A-1:Provided that the applicant, who desires to be a composite corporate agent, shall make two such separate applications;(b)the fees payable by the applicant to the Authority shall be as specified in regulation 7.4. Qualifications .-(1) The applicant being a corporate agent shall ensure that depending upon the nature of the entity, the Partnership Deed, Memorandum of Association or any other document evidencing the constitution of the entity shall contain as one of its main objects soliciting or procuring insurance business as a corporate agent.
5. Practical training .-(1) Where an applicant is seeking license for the first time to act as a corporate agent, a corporate insurance executive of such an applicant shall have completed from an approved institution, at least, [fifty hours], practical training which may be spread over [one to two weeks] [Substituted by Notification No. IRDA/Reg/3/40/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ], in either life or general insurance business as the case may be:
Provided that the corporate insurance executive of the applicant shall have completed from an approved institution, at least, [seventy five hours] [Substituted by Notification No. IRDA/Reg/3/40/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] practical training which may be spread over [two to three weeks] [Substituted by Notification No. IRDA/Reg/3/40/2007, dated 8.10.2007 (w.e.f. 1.11.2007). ] both in life and general insurance business, where such an applicant is seeking license for the first time to act as a composite corporate agent.6. Examination .-(1) The corporate insurance executive of the applicant or a specified person shall have passed the pre-recruitment examination in life or general insurance business, or both, as the case may be, conducted by the Insurance Institution of India, Mumbai, or any other examination body duly recognised by the Authority.
7. Fees payable .-(1) The fees payable to the Authority for issue or renewal of license to act as a corporate agent shall be rupees two hundred and fifty.
8. Remuneration .-(1) Every corporate agent shall be paid a commission as per provisions of section 40-A of the Act.
9. Code of conduct .-(1) Every licensed corporate agent shall abide by the code of conduct specified below:
Every corporate agent shall-(a)be responsible for all acts of omission and commission of its corporate insurance executive and every specified person;(b)ensure that the corporate insurance executive and all specified persons are properly trained, skilled and knowledgeable in the insurance products they market;(c)ensure that the corporate insurance executive and the specified person do not make to the prospect any misrepresentation on policy benefits and returns available under the policy;(d)ensure that no prospect is forced to buy an insurance product;(e)give adequate pre-sales and post-sales advice to the insured in respect of the insurance product;(f)extend all possible held and cooperation to an insured in completion of all formalities and documentation in the event of a claim;(g)given due publicity to the fact that the corporate agent does not underwrite the risk or act as an insurer;(h)enter into service level agreements with the insurer in which the duties and responsibilities of both are defined.10. Renewal of license .-(1) Every license granted by the Authority to a corporate agent or any renewal thereof, in terms of these regulations, shall remain in force for three years.
11. Cancellation of license/certificate .-The designated person may cancel a license or a certificate of a corporate agent or a specified person, if such a corporate agent or the corporate insurance executive or the specified person suffers, at any time during the currency of the license, from any of the disqualifications mentioned in sub-section (4) of section 42-D of the Act and recover from him the license or certificate granted to him.
12. Issue of duplicate license .-The Authority may on payment of a fee of rupees fifty issue a duplicate license to replace a license, which is lost, destroyed, or mutilated.
13. Non-application to existing insurance agents .-(1) A corporate agent who has been issued a corporate agent license prior to the commencement of these regulations shall exercise the option of either continuing with the existing license till the expiry of the license so granted or surrender the existing license and apply for a new license in terms of regulation 3.
14. Miscellaneous .-Every corporate agent shall maintain a register which shall contain the name, address, telephone No., photograph, date of commencement of employment, date of leaving the service, if any, salary paid to the specified person.
FORM IRDA-CORPORATE AGENTS-A-1(See regulation 3)Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002Application For A Licence/renewal Of Licence To Act As A Corporate AgentToThe Department of Licensing,The Insurance Regulatory and Development Authority.Dear Sirs,It is requested that -(a)a licence to act as a corporate agent/composite corporate may be granted to us;(b)our licence bearing number...........and expiry date.............. may be renewed for a further period of three years.| (1) Name : | |
| (2) Full Address : | |
| House No. : | |
| Street : | |
| Town : | |
| District : | |
| State : | |
| Pin Code : | |
| Telephone No. : | |
| (STD Code-Number) : |
3. It is further declared that the -
4. The payment of licence fee of rupees two hundred and fifty has been made and for which the receipt is enclosed.
The documents in support of the educational qualification, pre-recruitment test, and the practical training, in respect of corporate insurance executive have been enclosed along with this form.Place .....................................Date ......................................Yours faithfully,Signature of applicantNotes. -1. The application should be filled in, as far as possible, either in Hindi or English.
2. Any correction or alteration made in any answer to the questions in the application should be initialled by the applicant.
3. The fees payable by an applicant when applying for the first time and on renewal is rupees two hundred and fifty.
4. The name and the licence No. given in the application are identical with those shown in the last licence held. If there is any subsequent change in the name, the reasons for the same should be stated furnishing documentary evidence for the same.
5. The application should reach the designated person before the expiry of licence held by the application but not more than three months before such expiry. If the application does not reach the designated person at least 30 days before the date on which the last licence ceases to be in force, an additional fee of one hundred rupees should be payable. In this connection please also refer to the provisions of sub-sections (3) and (3-A) of section 42-D of the Insurance Act, 1938.
6. If the organisation desires to act as a corporate agent or a composite corporate agent, as the case may be, the documentary evidence of the relevant pass in the pre-recruitment test and the completion of the relevant practical training of the corporate insurance executive of the entity should be enclosed.
7. In case of a firm, the signatory to the application (being a partner) should enclose a certified copy of the resolution of all the partners authorising him to make the application. In the case of a Company, the signatory to the application (being a director) should enclose a certified copy of the resolution of Board of Directors authorising him to make the application. In the case of any other entity, the signatory to the application should enclose other document which authorises him to make the application.
FORM IRDA-CORPORATE AGENTS-A-2(See regulation 3)Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002Application For A Certificate/renewal Of Certificate To Act As A Specified PersonToThe Department of Licensing,The Insurance Regulatory and Development Authority.Dear Sirs,I request that -2. I hereby declare that particulars given below are true and that the certificate for which I apply will be used only by myself for soliciting or procuring insurance business.
| (1) Name : | |
| (2) Father's/Husband's Name : | |
| (3) Full Address : | |
| House No. : | |
| Street : | |
| Town : | |
| District : | |
| State : | |
| Pin Code : | |
| Telephone No. : | |
| (STD Code-Number) : |
| (a) Corporate Agent's Name : | |
| (b) Corporate Agent's Address : | |
| (c) Corporate Agency License No. : | |
| (d) Date of Expiry : Day-Month-Year | |
| (7) If you are an applicant from a rural place, state 1, in the box | |
| (8) Educational Qualification | |
| State 1, if you passed Class X; 2 : Class XII; 3 : Graduate; 4 : Post-graduate; 5 : If you hold a professional qualification such as ACA, FASI, AICWA : |
| (a) Name of Examination Body : | |
| (b) Candidate's number : | |
| (c) Centre of Examination : | |
| (d) Date of passing : | |
| (day-Month-Year) |
| (a) Training Hours completed : | |
| (b) Name of Training Institute : | |
| (c) Candidate's Number : | |
| (d) Centre (Place) of Training : | |
| (e) Starting Date of Training | |
| (Day-Month-Year) |
3. I further declare that-
4. I have made the payment of certificate fee of rupees five hundred and for which I enclose the documentary evidence.
5. I enclose the following documents in support of the educational qualification, pre-recruitment test, and the practical training.
1. An individual can apply for only a certificate which will entitle him to solicit or procure insurance business of any class and to act as the specified person of a corporate agent for one life insurer, one general insurer, or both.
2. The application should be filled in, as far as possible, either in Hindi or English.
3. Any correction or alteration made in any answer to the questions in the application should be initialled by the applicant.
4. An applicant must be at least 18 years of age on the date of the application. If required the applicant shall furnish proof of age.
5. An applicant shall furnish the proof of educational qualification, pass in the pre-recruitment test conducted by the examination body nominated by Insurance Regulatory and Development Authority, and completion of practical training from a training institution approved by the Insurance Regulatory and Development Authority, along with the application.
6. The fees payable by an applicant is rupees five hundred.
7. An application for renewal should reach the designated person through the corporate agent before the expiry of licence held by the applicant but not more than three months before such expiry. If the application does not reach the designated person at least 30 days before the date on which the last licence ceases to be in force, an additional fee of one hundred rupees should be payable. In this connection please also refer to the provisions of sub-sections (3) and (3-A) of section 42-D of the Insurance Act, 1938.
FORM IRDA-CORPORATE AGENTS-L-1(See regulation 3)Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002.Insurance Regulatory And Development Authority Licence To Act As A Corporate Agent Under The Insurance Act, 1938(IV of 1938)| License No. |
1. If it is desired to renew this license for a further period the procedure laid down in regulation 3 of Insurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002, shall be followed, and application for renewal should reach the Designated Person before the license expires. In this connection attention is also invited to the provisions of sub-sections (3) and (3-A) of section 42-D if the Insurance Act, 1938.
2. This licence authorises the licence holder to act as a corporate agent for the insurance business specified thereunder, and therefore no identifying mark or note of any description by which the identity of an insurer might be established should be placed on the licence.
3. No correction in this licence will be valid unless initialled by the Insurance Regulatory and Development Authority or a person authorised by him in this behalf.
4. The attention of the licence holder is drawn to the code of conduct specified under regulation 9 of the Insurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002, and any violation of code of conduct may result in cancellation of licence.
FORM IRDA-CORPORATE AGENTS-L-2(See regulation 3)Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002.INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY CERTIFICATE TO ACT AS A SPECIFIED PERSON FOR A CORPORATE AGENT| Certificate No. |
1. If it is desired to renew this certificate for a further period the procedure laid down in regulation 3 of Insurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002, shall be followed, and application for renewal should reach the Designated Person before the certificate expires. In this connection attention is also invited to the provisions of sub-sections (3) and (3-A) of section 42-D of the Insurance Act, 1938.
2. This certificate authorises the certificate holder to act as the specified person of the corporate agent for the insurance business specified thereunder.
3. No correction in this certificate holder is drawn to the code of conduct specified under regulation 9 of Insurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002, and any violation of code of conduct may result in cancellation of certificate.
FORM IRDA-CORPORATE AGENTS-ID-1(See regulation 3)Insurance Regulatory And Development Authority (Licensing Of Corporate Agents) Regulations, 2002Corporate Agent's Identity Card| Corporate Agent's License No.:Name of the Corporate Agent :Signature of the Applicant (as authorised by the Corporate Agent)Office of the Insurer with whom the corporate insurance agent is attached | |
| Valid upto: | This card authorises the corporate insurance agent named above to sell our insurance products, as per our terms and conditions. |
| Born on: | |
| | Signature of designated person:Name of Insurer (with seal)Please see on the reverse) |
| Address and telephone numbers of the Insurer: |
| (If required to be contact by any one in connection with the holder of this card): |
| Address and telephone numbers of the Corporate Agent: |
| Name of the Corporate Insurance Executive of the Corporate Agent: |