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European Insurance and Occupational Pensions Authority

Exercise of the freedom to provide services

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CHAPTER III

Article number:  4

1. Any insurance, reinsurance or ancillary insurance intermediary who intends to carry on business within the territory of another Member State for the first time, under the freedom to provide services, shall communicate the following information to the competent authority of its home Member State:

(a) the name, address and, where applicable, the registration number of the intermediary;

(b) the Member State or Member States in which the intermediary intends to operate;

(c) the category of intermediary and, where applicable, the name of any insurance or reinsurance undertaking represented;

(d) the relevant classes of insurance, if applicable.
 
2. The competent authority of the home Member State shall, within one month of receiving the information referred to in paragraph 1, communicate that information to the competent authority of the host Member State, which shall acknowledge its receipt without delay. The competent authority of the home Member State shall inform the insurance, reinsurance or ancillary insurance intermediary in writing that the information has been received by the competent authority of the host Member State and that the intermediary can commence its business in the host Member State. Where applicable, at the same time, the competent authority of the home Member State shall communicate to the intermediary the fact that information concerning the legal provisions referred to in Article 11(1) applicable in the host Member State is available through the means referred to in Article 11(3) and (4) and also that the intermediary must comply with those provisions in order to commence its business in the host Member State.

3. In the event of a change in any of the particulars communicated in accordance with paragraph 1, the insurance, reinsurance or ancillary insurance intermediary shall notify that change to the competent authority of the home Member State at least one month before implementing the change. The competent authority of the host Member State shall also be informed of that change by the competent authority of the home Member State as soon as is practicable and no later than one month from the date of receipt of the information by the competent authority of the home Member State.

Other related sources

EIOPA answered Q&As:
Question ID: 2361

Metadata

RULEBOOK TOPIC:  CHAPTER III - FREEDOM TO PROVIDE SERVICES AND FREEDOM OF ESTABLISHMENT

RULEBOOK CATEGORY:  Directive (EU) 2016/97 (Insurance Distribution Directive)

Last update on:  01 Jul 2022