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European Insurance and Occupational Pensions Authority

1622

Q&A

Question ID: 1622

Regulation Reference: (EU) No 2017/2359 - info requirements and conduct of business rules applicable

Topic: Other

Status: Final

Date of submission: 10 Jul 2018

Question

Are insurance intermediaries, who are under a contractual obligation to conduct insurance distribution business exclusively with one or more insurance undertakings, expected to develop their own policy for Conflicts of Interest? 

EIOPA answer

EIOPA considers it important that intermediaries who distribute exclusively on behalf of one or more insurance undertakings are required to establish, implement and maintain an effective conflicts of interest policy, set out in writing and appropriate to their size and organisation and the nature, scale and complexity of their business in accordance with Article 4(1) of Delegated Regulation 2017/2359.

This does not prohibit intermediaries who distribute exclusively on behalf of one or more insurance undertakings, from receiving assistance and guidance from an insurance undertaking to which they are tied, in developing a conflicts of interest policy. However, the regulatory responsibility of establishing, implementing and operating the policy remains with the insurance intermediary.