Question ID: 2053
Regulation Reference: (EU) No 2016/97 - Insurance Distribution Directive
Topic: Other
Article: 7
Status: Final
Date of submission: 08 Feb 2019
Question
I’m currently registered agent of an insurance company in Luxembourg, under the regulation of CAA.
I want to shift my current agreement, from a company established in Luxembourg, to a company established in Ireland, maintain my residence in Luxembourg, and under the freedom to provide services, act on the Portuguese market.
In theory this should be possible, but the Luxembourg regulator claims that can’t register me, as an intermediary of the Irish company, because it is not under their regulation, even if, the Irish company is registered in Luxembourg, under the freedom to provide services.
I would like to know what your view, is the right place to be registered as an agent of the Irish company?
EIOPA answer
Please be informed that insurance intermediaries shall be registered in their home Member State, Article 3 paragraph 1 sentence 1 of the Insurance Distribution Directive (IDD). According to Article 2 paragraph 10 of the IDD home Member State is where the insurance intermediary has his or her residence (in case of natural persons) or where the insurance intermediary has its registered office or where its head office is situated (in case of legal persons). Hence, applying these rules in your case, the registration should be undertaken in the Member State of your residence.