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EUROPEAN COMMISSION Brussels, XXX COM(2012) 360 ... - BVVM

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Member States shall ensure that the competent authorities have in place appropriate<br />

measures enabling them to monitor whether insurance and reinsurance intermediaries<br />

continue to meet the registration requirements of this Directive at all times.<br />

7. Member States shall ensure that their competent authorities request the following<br />

information from insurance and reinsurance intermediaries, as a condition of<br />

registration:<br />

(a) to provide information to their competent authorities of the identities of<br />

shareholders or members, whether natural or legal persons, that have a holding<br />

in the intermediary that exceeds 10% and the amounts of those holdings;<br />

(b) to provide information to their competent authorities of the identities of<br />

persons who have close links with the insurance or reinsurance intermediary;<br />

(c) to demonstrate in a satisfactory manner that the holdings or close links do not<br />

prevent the effective exercise of the supervisory functions of the competent<br />

authority.<br />

8. Member States shall ensure that the competent authorities refuse registration if the<br />

laws, regulations or administrative provisions of a third country governing one or<br />

more natural or legal persons with which the insurance or reinsurance intermediary<br />

has close links, or difficulties involved in the enforcement of those laws, regulations<br />

or administrative provisions, prevent the effective exercise of their supervisory<br />

functions.<br />

CHAPTER III<br />

SIMPLIFIED REGISTRATION PROCEDURE –<br />

DECLARATION OF ACTIVITIES<br />

Article 4<br />

Declaration procedure for providing ancillary insurance mediation; professional<br />

management of claims or loss assessment services<br />

1. The registration requirements in Article 3 shall not apply to an insurance<br />

intermediary which conducts insurance mediation on an ancillary basis, provided that<br />

its activities meet all the following conditions:<br />

(a) the principal professional activity of the insurance intermediary is other than<br />

insurance mediation;<br />

(b) the insurance intermediary only mediates certain insurance products that are<br />

complementary to a product or service and clearly identifies them in the declaration;<br />

(c) the insurance products concerned do not cover life assurance or liability risks, unless<br />

that cover is incidental to the main cover.<br />

EN 37 EN

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