THE CROATIAN FINANCIAL SERVICES SUPERVISORY AGENCY
Pursuant to Article 263 item 1 of the Insurance Act (Official Gazette 151/05, 87/08, 82/09), the Croatian Financial Services Supervisory Agency at its session on 16 July 2009 issued the
ORDINANCE
ON THE REQUIREMENTS FOR PROFESSIONAL TRAINING AND EXAMINATION OF PROFESSIONAL KNOWLEDGE REQUIRED TO
OBTAIN AN AUTHORISATION TO CARRY OUT INSURANCE REPRESENTATION OR INSURANCE/REINSURANCE
BROKERAGE BUSINESS
Article 1This Ordinance stipulates the requirements for professional training and examination of
professional knowledge required to obtain an authorisation from the Croatian Financial Services Supervisory Agency (hereinafter: the Agency) to carry out insurance representation or
insurance/reinsurance brokerage business.
Article 2
The authorisation to carry out insurance representation or insurance/reinsurance brokerage business shall be issued to a natural person who meets the requirements stipulated in the Insurance Act and this Ordinance, and who has successfully passed the examination of
professional knowledge required to obtain an authorisation to carry out insurance representation or insurance/reinsurance brokerage business.
Article 3
(1) The examination of professional knowledge required to obtain an authorisation to carry out insurance representation business may be taken by a person who meets the following
requirements:
1. has good command of the Croatian language (foreign citizens shall submit the certificate of Croatian proficiency level, issued by the Department of Croatian at the Faculty of Humanities and Social Sciences in the Republic of Croatia).
2. has at least secondary-school education (which shall be proved by a certified copy of the certificate of secondary-school education or the certificate of having passed the matura or an equivalent final examination, whereas foreign citizens shall submit a document proving the necessary educational level, certified as stated in item 3 of this Article).
3. has not been convicted of a criminal offence in the field of economic crime, i.e. is currently not under investigation (which shall be proved by a certificate of no criminal record issued by the
competent authority in the Republic of Croatia, whereas foreign citizens shall submit a
corresponding document issued by the competent authority of the country of their citizenship, translated and signed by a certified court interpreter for Croatian, i.e. for the foreign language in question, and certified by a public notary in the Republic of Croatia or in the diplomatic mission of the Republic of Croatia in the country in question. All these documents must not be older than three months).
Article 4
(1) The examination of professional knowledge required to carry out insurance/reinsurance brokerage business may be taken by a person who meets the following requirements:
1. has good command of the Croatian language (foreign citizens shall submit the certificate of Croatian proficiency level, issued by the Department of Croatian at the Faculty of Humanities and Social Sciences in the Republic of Croatia).
2. has at least a university degree (which shall be proved by a certified copy of the university diploma, whereas foreign citizens shall submit a corresponding document proving the necessary educational level, certified as stated in item 3 of this Article).
3. has not been convicted of a criminal offence in the field of economic crime, i.e. is currently not under investigation (which shall be proved by a certificate of no criminal record issued by the competent authority in the Republic of Croatia, whereas foreign citizens shall submit a
corresponding document issued by the competent authority of the country of their citizenship, translated and signed by a certified court interpreter for Croatian, i.e. for the foreign language in question, and certified by a public notary in the Republic of Croatia or in the diplomatic mission of the Republic of Croatia in the country in question. All these documents must not be older than three months).
4. has at least one year of work experience in insurance business (which shall be proved by a certified copy of the employment record, employment contract or any other certificate issued by the employer proving work experience in insurance business, whereas foreign citizens shall submit an adequate document proving work experience in insurance business, certified as stated in item 3 of this Article).
Article 5
(1) The examination of professional knowledge required to obtain an authorisation to carry out insurance representation and insurance/reinsurance brokerage business (hereinafter: the
examination) shall be taken before the Commission for examination of professional knowledge required to obtain authorisation to carry out insurance representation and insurance/reinsurance brokerage business (hereinafter: the Commission) and shall include examination in the following areas: law, economy and insurance, namely:
1. Basics of insurance:
- basic insurance terms, - basics of insurance market,
- company law,
- insurance subjects and their legal position, - groups and types of insurance,
- provision of information to policy holders, - insurers financial operation,
- technical provisions and insurers’ assets, - claim settlement,
- supervision of insurance companies,
- role of insurance agents and insurance/reinsurance brokers.
2. Life insurance:
- types of life insurance, - life insurance risks, - life insurance subjects,
- law applicable to life insurance contracts, - life insurance financial aspect,
- premium, - sum insured,
- base for premium calculation, - reserve and assets for reserve cover, - insured event,
- reinsurance.
3. Non-life insurance:
- types of non-life insurance, - non-life insurance risks, - insured object,
- principles of non-life insurance,
- law applicable to property insurance contracts, - premium,
- sum insured,
- base for premium calculation, - indemnity,
- liability for damages, - indemnity insurance,
- compulsory traffic insurance, - co-insurance,
- reinsurance.
4. Insurance representation:
- insurance agent,
- legal position of insurance agent, - representation subjects in insurance,
- legal position of representation subjects in insurance, - performing insurance representation activities, - responsibility of insurance agents,
- customer demands (policyholders),
- provision of information to policyholders, - customer protection (policyholders), - insurance agents register,
- supervision of: agents, trades and crafts and companies for insurance representation.
5. Insurance/reinsurance brokerage:
- insurance/reinsurance broker,
- demands and role of insurance/reinsurance broker, - legal position of insurance/reinsurance broker, - brokerage subjects in insurance/reinsurance,
- legal position of brokerage subjects in insurance/reinsurance, - performing brokerage activities in insurance/reinsurance, - responsibility of insurance/reinsurance brokers,
- customer demands (policyholders), - provision of information to policyholders, - customer protection (policyholders) - insurance/reinsurance brokers register,
- supervision of: insurance/reinsurance brokers and companies for insurance/reinsurance brokerage.
(2) The examination of professional knowledge required to obtain an authorisation to carry out insurance representation business (hereinafter: agent exam) can be taken for one of following areas of insurance representation:
1. all kinds of insurance, 2. life insurance,
3. non-life insurance,
4. non-life insurance in accident insurance and motor vehicle liability.
(3) The agent exam for all kinds of insurance must be taken in the areas referred to in paragraph 1 items 1, 2, 3 and 4 of this Article.
(4) The agent exam for all life insurance must be taken in the areas referred to in paragraph 1 items 1, 2 and 4 of this Article.
(5) The agent exam for non-life insurance must be taken in the areas referred to in paragraph 1 items 1, 3 and 4 of this Article.
(6) The agent exam for non-life insurance in accident insurance and motor vehicle liability must be taken in the areas referred to in paragraph 1 items 1, 3 and 4 of this Article, only in the parts that are applicable to accident insurance and motor vehicle liability.
(7) The examination of professional knowledge required to obtain an authorisation to carry out insurance/reinsurance brokerage (hereinafter: brokers exam) can be taken only in all groups of insurance.
(8) The broker exam must be taken in the areas referred to in paragraph 1 items 1, 2, 3, 4 and 5 of this Article.
(9) The reading list for the agent and brokers exam comprises the following:
- Insurance Act (Official Gazette 151/05, 87/08 and 82/09),
- Act on Compulsory Insurance Within the Transport Sector (Official Gazette 151/05, 36/09 and 75/09),
- Civil Obligations Act, Official Gazette 35/05 (Chapter 27 – Insurance contract and Articles 1045-
1046)
- Companies Act, Official Gazette 111/93, 34/99, 118/03 and 107/07 (Articles 1-36, 41-58, 159- 175, 385-421 and 473),
- Code of business conduct and ethics in insurance and reinsurance, Insurer Association, Croatian Chamber of Economy,
- Insurance basics – rules and practice, K. Klasić and I. Andrijanić, TEB – Poslovno savjetovanje d.o.o., Zagreb, 2007.
Article 6
(1) The Commission shall be appointed by the Agency Management Board.
(2) The Commission shall have a Secretary.
(3) The Agency Management Board appoints and dismisses the commission’s president, members and secretary.
(4) The method of work of the Commission shall be prescribed by the Rules of Procedure, which the President shall issue within 15 (fifteen) days from the date of his/her appointment.
Article 7
(1) The place and date of examinations shall be determined and publicly announced by the Agency not later than 30 (thirty) days before the date of the examination and candidates shall submit an application (Form No 1) accompanied by the documents prescribed by this Ordinance at least 15 (fifteen) days before the date of examination.
(2) The amount of the fee for covering the costs of each examination shall be determined by the Agency’s Ordinance on the type and amount of charges and administrative fees.
Article 8
(1) Applications for examinations shall be submitted to the Agency according to Form No 1 which represents an integral part of this Ordinance.
(2) The candidate shall attach the following documents to his/her application:
1. certificate of Croatian citizenship (foreign citizens shall submit a certified copy of the proof of foreign citizenship),
2. document proving that the candidate meets the requirements referred to in Articles 3 or 4 of this Ordinance,
3. certificate to the effect that the charges and administrative fees referred to in Article 7 paragraph 2 of this Ordinance have been covered.
Article 9
(1) The examination shall be taken in the Croatian language in written form.
(2) It shall be considered that the candidate has successfully passed the examination if he/she has answered 60% of the questions correctly.
(3) The result of an examination shall be evaluated as “pass” or “fail”.
(4) The Commission President shall draw up minutes on the exam and the results of the exam and submit them to the Agency Management Board within 8 (eight) days from the date of the
examination.
Article 10
The Agency shall issue an authorisation to carry out insurance representation or
insurance/reinsurance brokerage business to each candidate who has passed the examination, within no later than 30 (thirty) days after the candidate has passed the examination.
Article 11
At the written request of a person who has passed the agent or broker exam, the Agency shall issue authorisation to carry out insurance representation. Along with the written request the person shall also submit proof of paid charges and administrative fees covering the costs of issuance of approval, determined by the Agency’s Ordinance on the type and amount of charges and administrative fees.
Article 12
By virtue of the entry into force of this Ordinance, the Ordinance on the requirements for professional training and examination of technical knowledge needed to obtain an authorisation to carry on insurance representation or insurance/reinsurance brokerage business (Official Gazette 151/08) shall cease to have effect.
Article 13
This Ordinance shall enter into force on the eighth day after the day of publication in the Official Gazette.
Class: 011-02/09-04/52 Reg. No: 326-01-09-1 Zagreb, 16 July 2009
Member of the Management Board Ivo Šulenta Form No 1
CROATIAN FINANCIAL SERVICES SUPERVISORY AGENCY 10000 Zagreb, Miramarska 24b
APPLICATION
for the examination of professional knowledge needed to carry out:
/circle as appropriate/
1. insurance representation business
2. insurance/reinsurance brokerage business For insurance classes:
Name and surname:
Personal identification number:
Date, place and country of birth:
Address and tel. number:
Qualifications:
Occupation:
Employed with:
(name of the employer) I am taking the examination:
(for which time)
Place and date of submitting the application:
Signature of the applicant:
Enclosed:
1. Proof of Croatian citizenship (foreign citizens shall submit a certified copy of the proof of foreign citizenship),
2. Certificate of the Croatian proficiency level, issued by the Department of Croatian at the Faculty of Humanities and Social Sciences in the Republic of Croatia (for foreign citizens), 3. Proof that the applicant has not been convicted of a criminal offence in the field of economic crime, i.e. is currently not under investigation, issued by the competent authority in the Republic of Croatia, whereas foreign citizens shall submit a corresponding document issued by the
competent authority of the country of their citizenship, translated and signed by a certified court interpreter for Croatian, i.e. for the foreign language in question, and certified by a public notary in the Republic of Croatia or in the diplomatic mission of the Republic of Croatia in the country in question. All these documents must not be older than three months,
4. For insurance agents: certified copy of the certificate of secondary education or the certificate of having passed the matura or an equivalent final examination, whereas foreign citizens shall submit a document proving the necessary educational level, translated and signed by a certified court interpreter for Croatian, i.e. for the foreign language in question, and certified by a public notary in the Republic of Croatia or in the diplomatic mission of the Republic of Croatia in the country in question,
5. For insurance brokers: certified copy of university diploma, whereas foreign citizens shall submit a corresponding document proving the necessary educational level, certified as stated in item 4, certified copy of the employment record, employment contract or any other certificate issued by the employer proving work experience in insurance business, whereas foreign citizens shall submit an adequate document proving one year work experience in insurance business, certified as stated in item 4,
7. Certificate to the effect that the administrative fees and charges have been covered.
