Aller au contenu
  • Home
  • Teams
    • All lawyers
    • Employment law
    • Company and association law
    • Economic and commercial law
    • Banking and financial law
    • Real estate law
    • Public and administrative law
    • Liability and insurance law
    • Health law, financial criminal law, disciplinary law
    • Support
  • Sectors
    • Art, culture, heritage
    • Non-profit organisations
    • Sports associations and federations
    • Aviation
    • Banking-insurance-finance
    • Biotech
    • Consultancy
    • Water
    • Energy 
    • Education
    • Environment
    • Expats
    • Civil service
    • Hospitality industry 
    • Intermunicipal companies
    • Luxury goods
    • Media & Audiovisual
    • Public interest bodies
    • Public-private partnership (PPP)
    • Local authorities
    • Regulated professions and professional bodies
    • Public companies
    • Healthcare 
    • FPS
    • Start-ups and Scale-ups
    • Town planning
  • News
  • Events
  • Contact
Menu
  • Home
  • Teams
    • All lawyers
    • Employment law
    • Company and association law
    • Economic and commercial law
    • Banking and financial law
    • Real estate law
    • Public and administrative law
    • Liability and insurance law
    • Health law, financial criminal law, disciplinary law
    • Support
  • Sectors
    • Art, culture, heritage
    • Non-profit organisations
    • Sports associations and federations
    • Aviation
    • Banking-insurance-finance
    • Biotech
    • Consultancy
    • Water
    • Energy 
    • Education
    • Environment
    • Expats
    • Civil service
    • Hospitality industry 
    • Intermunicipal companies
    • Luxury goods
    • Media & Audiovisual
    • Public interest bodies
    • Public-private partnership (PPP)
    • Local authorities
    • Regulated professions and professional bodies
    • Public companies
    • Healthcare 
    • FPS
    • Start-ups and Scale-ups
    • Town planning
  • News
  • Events
  • Contact
  • en_GBEN
    • fr_FRFR
    • nl_NLNL
  • en_GBEN
    • fr_FRFR
    • nl_NLNL
  • Home
  • Teams
    • All lawyers
    • Employment law
    • Company and association law
    • Economic and commercial law
    • Banking and financial law
    • Real estate law
    • Public and administrative law
    • Liability and insurance law
    • Health law, financial criminal law, disciplinary law
    • Support
  • Sectors
  • News
  • Events
  • Contact
  • en_GBEN
    • fr_FRFR
    • nl_NLNL
Menu
  • Home
  • Teams
    • All lawyers
    • Employment law
    • Company and association law
    • Economic and commercial law
    • Banking and financial law
    • Real estate law
    • Public and administrative law
    • Liability and insurance law
    • Health law, financial criminal law, disciplinary law
    • Support
  • Sectors
  • News
  • Events
  • Contact
  • en_GBEN
    • fr_FRFR
    • nl_NLNL

(Re)insurance mediation - Strengthening the liability of (re)insurance agents and brokers

News
20 MAY 2022

Banking and financial law

,

Economic and commercial law

Banking-insurance-finance

On 5 May 2022, the House of Representatives adopted the text of a bill on various provisions on intermediation in the financial and insurance sector.

With regard to insurance (re)mediation, the bill aims to strengthen the liability of insurance or reinsurance agents and brokers who work with sub-agents (Chapter 2 of the bill).

If the proposed amendments to the Insurance Act of 4 April 2014 (hereinafter the

"Although the provisions of the Insurance Act appear to be limited, their scope is important for many intermediaries, also in view of the content of the explanatory memorandum.

By inserting a 13° in Article 266 of the Insurance Act (Article 5 of the bill), the legislator intends to strengthen the liability of (re)insurance intermediaries for the sub-agents with whom they collaborate by imposing an obligation to supervise the activities of sub-agents on the insurance intermediary under whose responsibility they act.

The explanatory memorandum states that FSMA may take action against the (principal) intermediary in the event of repeated breaches of the Insurance Act by a sub-agent. As a reminder, any infringement of the Insurance Act may give rise to a sanction by the FSMA, which may go as far as the removal of the intermediary's registration (Article 311).

In future, sub-agents will be required to indicate at all times in what capacity they act when dealing with customers or prospects (and not just at the beginning of the relationship), seeArticle 9 of the draft law). A breach of this obligation will therefore be likely to have repercussions on the principal intermediary.

Sub-agents in respect of whom action is taken by FSMA will be required to inform without delay the principal intermediary (Article 13 of the bill amending Article 311, § 5 of the Insurance Act), but this does not remove the civil liability borne by the intermediary.

It is to be expected that the FSMA will, by virtue of the new powers conferred on it by the draft, pay particular attention to the supervision of sub-agents by intermediaries - and therefore to the establishment and implementation of a sound internal control system adapted to their structure - during its forthcoming inspections.

For more information, please contact: Marc-David Weinberger (marc- david.weinberger@cew-law.be) and Antoine Mairesse (antoine.mairesse@cew-law.be), lawyers, CEW & Partners.

Written by

Marc-David Weinberger

Partner
Linkedin-in
md.weinberger@cew-law.be
+32 (0)2 542 02 39
Banking and financial lawCompany and association lawEconomic and commercial law

Antoine Mairesse

Associate
Linkedin-in
antoine.mairesse@cew-law.be
+32 (0) 2 542 02 77
Banking and financial lawCompany and association lawEconomic and commercial law

You will also like

News
5 SEPTEMBRE 2023

Stéphanie Colella devient Managing Partner

La rentrée est synonyme de changement chez CEW & PARTNERS avec la nomination de Me Stéphanie Colella comme ...
READ MORE
News
2 AOUT 2023

Actualités législatives en matière de lutte contre les nouveaux modes de fraude en ligne

Les fraudes en ligne sont en constante augmentation depuis 2019, comme en atteste notamment le rapport 2022 de l’Ombud...
READ MORE

Do you have a question or need advice?

Contact us!

Contact us

Sectors

  • Art, culture, heritage
  • Non-profit organisations
  • Sports associations and federations
  • Aviation
  • Banking-insurance-finance
  • Biotech
  • Consultancy
  • Water
  • Energy 
  • Education
  • Environment
  • Expats
  • Civil service
  • Hospitality industry 
  • Intermunicipal companies
  • Luxury goods
  • Media & Audiovisual
  • Public interest bodies
  • Public-private partnership (PPP)
  • Local authorities
  • Regulated professions and professional bodies
  • Public companies
  • Healthcare 
  • FPS
  • Start-ups and Scale-ups
  • Town planning
  • Art, culture, heritage
  • Non-profit organisations
  • Sports associations and federations
  • Aviation
  • Banking-insurance-finance
  • Biotech
  • Consultancy
  • Water
  • Energy 
  • Education
  • Environment
  • Expats
  • Civil service
  • Hospitality industry 
  • Intermunicipal companies
  • Luxury goods
  • Media & Audiovisual
  • Public interest bodies
  • Public-private partnership (PPP)
  • Local authorities
  • Regulated professions and professional bodies
  • Public companies
  • Healthcare 
  • FPS
  • Start-ups and Scale-ups
  • Town planning

Teams

  • All lawyers
  • Employment law
  • Company and association law
  • Economic and commercial law
  • Banking and financial law
  • Real estate law
  • Public and administrative law
  • Liability and insurance law
  • Health law, financial criminal law, disciplinary law
  • Support
  • All lawyers
  • Employment law
  • Company and association law
  • Economic and commercial law
  • Banking and financial law
  • Real estate law
  • Public and administrative law
  • Liability and insurance law
  • Health law, financial criminal law, disciplinary law
  • Support

Contact

Avenue Louise 250
1050 Brussels
Belgium

+32 (0)2 534 20 20

info@cew-law.be

Follow us

Linkedin-in
  • Anti-money laundering
  • Conditions of intervention
  • Transparency of fees and charges
  • Privacy Policy
  • Cookie policy (EU)
  • Anti-money laundering
  • Conditions of intervention
  • Transparency of fees and charges
  • Privacy Policy
  • Cookie policy (EU)

Developed by Le Sidecar Web

Managing cookie consent
To provide the best experiences, we use technologies such as cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behaviour or unique IDs on this site. Failure to consent or withdraw consent may adversely affect certain features and functions.
Functional Always active
The storage or technical access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. Technical storage or access which is used exclusively for anonymous statistical purposes. In the absence of a subpoena, voluntary compliance by your internet service provider or additional third party records, the information stored or retrieved for this sole purpose generally cannot be used to identify you.
Marketing
The storage or technical access is necessary to create user profiles in order to send advertisements, or to track the user on a website or on several websites with similar marketing purposes.
Manage options Manage services Manage vendors Read more about these purposes
View preferences
{title} {title} {title}