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Agency Agreement (Insurance)
"I need an Insurance Agency Agreement for appointing an exclusive agent to sell our life and pension insurance products in the Amsterdam region, starting March 2025, with specific provisions for online sales channels and client data protection."
1. Parties: Identification of the Insurance Company (Principal) and the Insurance Agent, including registration numbers, licenses, and registered addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the agency relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of agent, territory, and scope of authority
5. Regulatory Compliance: Obligations regarding Wft compliance, licenses, and regulatory requirements
6. Agent's Rights and Obligations: Detailed responsibilities including sales, reporting, record-keeping, and client service obligations
7. Principal's Rights and Obligations: Insurance company's commitments, support, and obligations to the agent
8. Commission Structure: Commission rates, calculation methods, payment terms, and clawback provisions
9. Compliance and Training: Requirements for ongoing training, compliance with insurance regulations, and professional standards
10. Data Protection and Confidentiality: GDPR compliance, data handling procedures, and confidentiality obligations
11. Professional Indemnity: Insurance requirements and liability provisions
12. Term and Termination: Duration of agreement, termination provisions, and notice requirements
13. Post-Termination Obligations: Obligations after termination, including handover of clients and documentation
14. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Compete Clause: Restrictions on agent's activities during and after the agreement - optional but common in exclusive arrangements
2. Marketing and Branding: Rules for use of principal's branding and marketing materials - needed if agent will conduct marketing activities
3. IT Systems and Security: Requirements for using principal's IT systems and security protocols - relevant if integrated systems are used
4. Claims Handling Authority: Procedures for handling insurance claims - needed if agent has claims handling authority
5. Sub-Agents: Rules regarding appointment of sub-agents - include if sub-agents are permitted
6. Premium Collection: Procedures for collecting and handling premiums - include if agent will handle client money
7. Performance Targets: Specific sales or performance targets - include if performance-based elements exist
8. Cross-Border Activities: Rules for cross-border insurance distribution - needed for agents operating across EU borders
1. Schedule 1 - Products and Services: Detailed list of insurance products and services the agent is authorized to sell
2. Schedule 2 - Commission Rates: Detailed commission structures, including variations by product and special arrangements
3. Schedule 3 - Territory: Detailed description of geographical territory and any exclusions
4. Schedule 4 - Reporting Requirements: Templates and specifications for required reports
5. Schedule 5 - Service Level Requirements: Detailed service standards and performance metrics
6. Appendix A - Compliance Manual: Detailed compliance procedures and requirements
7. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and procedures
8. Appendix C - Professional Indemnity Requirements: Detailed requirements for professional indemnity insurance
Authors
Insurance
Financial Services
Insurance Brokerage
Risk Management
Wealth Management
Corporate Services
Retail Banking
Professional Services
Legal
Compliance
Sales
Distribution
Operations
Risk Management
Business Development
Regulatory Affairs
Contract Management
Agency Management
Product Development
Commercial
Insurance Agent
Compliance Officer
Legal Counsel
Sales Director
Business Development Manager
Risk Manager
Insurance Broker
Commercial Director
Operations Manager
Agency Manager
Distribution Manager
Regulatory Affairs Manager
Contract Manager
Insurance Products Manager
Regional Sales Manager
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