Insurance agentmodification date 28 September 2018
Insurance intermediation, pursuant to Article 2 of the Act on Insurance Intermediation, consists in remunerated performance by an intermediary (Insurance Agent or Insurance Broker) of actual activities or legal activities connected with conclusion or performance of insurance contracts.
Insurance agent, pursuant to Article 7 of the Act on Insurance Intermediation, refers to a business entity (according to Article 4 of the Act of 2 July 2004 on Freedom of Business – Dz. U. 2004 No. 173 item
1807 as amended) carrying out agency activity pursuant to an agency agreement with insurance company and entered into the Register of Insurance Agents.
A natural person carrying out business activities and commercial law companies, which have signed agency agreements with insurance companies and entered into the Register of Insurance Agents shall be deemed as insurance agents. Civil law partnerships are not deemed as Insurance Agents.
An Insurance Agent shall act for and on the behalf of insurance company carrying out so called “agency activities” solely performed by natural persons in compliance with the conditions defined in Article 9 (1) of the Act referred to above.
The same conditions that apply to those performing agency activities shall also be binding for:
1. Insurance Agents who are natural persons,
2. Insurance Agents who are partnerships without legal personality:
- their partners, unless they are natural persons,
- in case such partners are legal persons - at least half of the management board members;
3. in the case of Insurance Agents who are legal persons - at least half of their management board members.