Question ID: 1728
Regulation Reference: (EU) No 2016/97 - Insurance Distribution Directive
Topic: Definitions (Art. 2 IDD)
Article: 2
Status: Final
Date of submission: 28 Sep 2018
Question
In the article 2. Definitions(4) it states ‘ancillary insurance intermediary’ means any natural or legal person, other than a credit institution or an investment firm as defined ...... based on 3 conditions (a) , (b) and (c)
Is it allowed (based on the scope of IDD) for a member state to create any other "ancillary insurance intermediary" registrar (or keep existing one) in order to be allowed for Credit Institutions or Investment Firms to takes up or pursues the activity of insurance distribution on an ancillary basis, since the principal activity of those Institutions is not the Insurance Distribution?
The possible creation of a registry other than ‘’Ancillary Insurance Intermediary’’ as it is in the IDD, to allow Banking Institutions or investment firms to carry out insurance mediation work, does not constitute a breach of the Directive?
Background of the question
ARTICLE 2 - DEFINITIONS (3) (4)
EIOPA answer
IDD defines the scope and meaning of ancillary insurance intermediaries. Article 2(4) of the IDD explicitly excludes credit institutions and investment firms from the scope of ancillary insurance intermediaries. Therefore, if credit institutions and investment firms intend to engage in insurance distribution activities, even if these are clearly ancillary to their main activities, they have to register as regular insurance intermediaries within the meaning of Article 2(1)(3) of the IDD and must comply with the full set of obligations applicable to intermediaries.
Members States will enrol such undertakings in register as regular insurance intermediaries.
Nevertheless, it is important to emphasize that Article 3(2) of the IDD provides the possibility for Member States to establish more than one register for insurance, reinsurance, and ancillary insurance intermediaries provided that they lay down the criteria according to which intermediaries are to be registered.