Senators introduced amendments to the act on insurance distribution
Specjalista: Agnieszka Wesołowska
Stanowisko: adwokat w Kancelarii CZUBLUN TRĘBICKI
During the 51st session of the Upper Chamber of the Parliament of the Republic of Poland, held on 7th December, the Senators adopted the act on insurance distribution with 5 amendments thereto. The amendments adopted concern articles 94, 101, 108 and 110 of the act, with respect to amending the act on financial instrument trading, and transitional and final provisions.
One of the amendments under voting was to delete the provisions of art. 30 par. 1 item 2 and par. 2, which provide that an insurance broker may not remain in any permanent contractual relationship with an insurance company, a reinsurance company, an insurance agent, or an agent offering ancillary insurance, and that this restriction shall not apply to (1) an insurance contract under which an insurance broker is the insured or the policyholder; and to (2) a contract entered into by the insurance broker with an insurance company, concerning the manner of mutual settlements in respect of performing brokerage activities in the field of insurance; and analogous provisions with respect to reinsurance broker. The Senator lodging the amendment explained that the brokers were raising that "this provision is not necessarily an implementation of the IDD, but rather goes beyond it" and may be a barrier to perform brokerage activity, as it may cause that brokers will not be able to provide services in the scope not related to the distribution of insurance through agents offering supplementary insurance, e.g. in the field of employees insurance, car dealers or banks ". However, this amendment was not adopted by the Senators.
The act shall now be transferred to the Lower Chamber of the Parliament for the final voting.