Chapter III: Special rules for certain categories of intermediaries

The obligations set out in this Book do not apply to insurance intermediaries on an ancillary basis where all of the following conditions are met: 1° The insurance contract complements the goods or services provided by a supplier and covers : a) either the risk of malfunction, loss, including theft, or damage to the goods or non-use of the service; b) or damage to or loss of luggage, including theft…

An insurance undertaking or intermediary that carries out distribution via an insurance intermediary on an ancillary basis as referred to in article L. 513-1 shall ensure that: 1° Information is made available to the prospective policyholder or subscriber, prior to the conclusion of the contract, on the identity and address of the intermediary, as well as on complaints procedures; 2° Appropriate and proportionate measures are taken to ensure compliance with…

I.-For the purposes of their registration in the register referred to in I of Article L. 512-1, insurance or reinsurance brokers, both individuals and companies registered in the Trade and Companies Register for the business of insurance brokerage, and their agents, both self-employed individuals and legal entities, shall join an approved professional association responsible for monitoring the business and providing support for its members. This representative professional association offers its…

Applications for membership of the approved professional association are answered within two months of the date of receipt by the association of a complete application. If the approved professional association refuses membership, it will give reasons for its decision. The decision to refuse membership may be appealed to the judicial court within whose jurisdiction the association has its registered office. The association may notify its decision to refuse membership to…

I.-The professional associations referred to in I of Article L. 513-3 are authorised by the Autorité de contrôle prudentiel et de résolution, which verifies their representativeness, the competence and good repute of their legal representatives and directors, the impartiality of their governance, assessed in the light of their written procedures, and their ability to ensure the performance and continuity of their missions through appropriate material and human resources. The Autorité…

I.-An association referred to in I of article L. 513-3 may terminate the membership of one of its members at its request. Membership may also be withdrawn automatically by the association if the broker, brokerage company or agent no longer fulfils the conditions or undertakings to which its membership was subject, if it has not commenced business within twelve months of becoming a member, if it has not been in…

I.-The legal representatives, directors, employees and agents of the associations mentioned in I of Article L. 513-3 of this Code are bound by professional secrecy in the context of the tasks mentioned in I, under the conditions and subject to the penalties set out in Articles 226-13 and 226-14 of the French Penal Code. This secrecy may not be invoked against the body that keeps the register referred to in…

Insurance brokers or brokerage firms or their agents shall inform the association of which they are members of any change in the information concerning them and of any fact which may affect their membership of the association. They are required to inform the association as soon as possible if they fail to comply with the conditions or undertakings to which their membership was subject.

A decree in the Conseil d’Etat shall specify the terms and conditions for the application of this chapter.