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Chennai:
The Insurance Regulatory and Development Authority
(IRDA) has directed all the licensed broking companies
to suffix the words `Insurance Broker'', `Insurance Brokers''
to their name in order to distinguish themselves from
the unlicensed entities like insurance consultants,
risk managers.
According
to an IRDA directive, brokers have to submit a proof
of name change application filed with the Registrar
of Companies and later the new Certificate of Incorporation.
Insurance
brokers applying for a broking license for the first
time, have to comply with specific stipulations. (See
details)
After
fulfilling the stipulated requirements, applicants are
required to appear before IRDA for a presentation of
its business plan in connection with the application.
Stipulations
for a broking licence
Insurance
brokers applying for a broking license for the first
time, must comply with following requirements prescribed
by the Insurance Regulatory and Development Authority
(IRDA):
1.
Remittance of requisite fee as per the category of
insurance broking licence that is being applied for,
by a demand draft payable at Hyderabad, as prescribed
under Schedule II of IRDA (Insurance Brokers) Regulations,
2002.
2. Printed copy of Memorandum and Articles of Association
issued by Registrar of Companies. The main objects
of the Memorandum and Articles of Association should
be as per regulation 9(2) (H) of the IRDA''s (Insurance
Brokers) Regulations, 2002.
3. The applicant has to comply with the mandatory
training requirements as specified in regulation 9
(2) (F). Training requirement as specified under section
9 (2) (F) of the IRDA (Insurance Brokers) Regulations,
2002 have to be complied with before any application
can be considered for granting a license.
4. One principal officer has in the broking company
has to fulfill the requirements of Regulation 9.
5. Information on whether any person associated with
the applicant company in his capacity as directors
/ shareholder / promoter / key management personnel
or employee holds an insurance agency or insurance
surveyor''s license. If so, the complete details have
to be submitted. According to regulations, no agent
or surveyor is permitted to work simultaneously as
a broker. Therefore, the applicant is required to
take steps to cancel the agencies and submit documentary
proof of the same to the authority.
6. Detailed CV of all the directors highlighting their
past and present activities.
7. Detailed CV`s and attested copies of testimonials
of the educational qualifications of the principal
officer and key management personnel.
8. The designated principal officer has to submit
an affidavit, duly notarized, certifying that that
the applicant (directors, principal officer, key management
personnel and employees of the company) do not attract
any disqualifications specified under sub-section
42 D of the Insurance Act, 1938.
9. List of all shareholders (current as well as proposed)
of the applicant company.
10. Photocopy of the asset register of the firm, duly
certified by a chartered accountant.
11. List of employees who will be responsible for
soliciting and procuring insurance business along-with
their qualifications.
12. Details of statutory auditors and principal bankers
along with the bank account number of applicant.
13. In the case of any of the shareholders being a
business entity they have to specify if they happen
to be non-banking finance companies (NBFC). NBFCs
have to submit a No Objection Certificate from the
Reserve Bank of India on the investment in the insurance
broking entity.
14. Shareholders that are business entities are required
to furnish a board resolution stating the board''s
intention to promote or invest in the applicant company.
15. Business entities that are shareholder, must also
submit the audited annual report, balance sheet for
the last three years along with certified copies of
income tax returns.
16. Individual promoters need to submit certified
copies of income tax returns and copies of the balance
sheet filed by it, certified by the auditors, for
the last three years, along with net worth certificates
certified by a chartered accountant.
17. The balance sheet of the applicant company
18. Explain in detail the existing activities of the
applicant company.
19. Clarification on how the applicant company proposes
to deal with its existing customers / business / liabilities
once it commences business as an insurance broker.
20. The company must have the words `Insurance Broker`
or `Insurance Broking` in its name so as to reflect
its line of activity i.e. insurance broking.
21. Details of infrastructure along with supporting
evidence thereof like ownership / lease agreement
papers with regard to office space / equipment / trained
manpower, etc. for the registered office and the future
planning for opening branch offices at various locations
in the country and the estimated time frame with photographs
of premises.
22. Projections of administrative expenses, salaries
and wages and other expenses, draw the revenue account,
the profit and loss account and the balance sheet
for the projected three years.
23. Provide an organisation chart giving a complete
picture of the company''s activities like IT, underwriting,
risk assessment, claims settlement, marketing, accounts,
back office, etc.
24. List of experienced personnel inducted from the
general and life insurance sectors with sound knowledge
and experience of working in the areas of risk assessment,
underwriting and claims management, etc. Submit a
detailed CV, copies of educational qualifications
along with their appointment and joining letters of
all the people selected by the applicant to the Authority.
Bring
on record any other information, which is relevant to
the nature of services rendered by the applicant for
the growth and promotion of insurance business.
The
above list of documents / requirements is indicative
only and not exhaustive. The additional documents will
be advised based on the category of license applied,
pattern of shareholding, any other compliance matter
required as per IRDA (Insurance Brokers) Regulations,
2002 and views of the Authority.
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