EIOPA · 1622 - Intermediaries' conflict of interest in distributing on behalf of undertakings
Other
- Regulation
- (EU) No 2017/2359 - info requirements and conduct of business rules applicable
- Topic
- Other
- Submitted
- 2018-07-10
- Answered
- 2019-09-04
Question
Are insurance intermediaries, who are under a contractual obligation to conduct insurance distribution business exclusively with one or more insurance undertakings, expected to develop their own policy for Conflicts of Interest?
Answer
EIOPA considers it important that intermediaries who distribute exclusively on behalf of one or more insurance undertakings are required to establish, implement and maintain an effective conflicts of interest policy, set out in writing and appropriate to their size and organisation and the nature, scale and complexity of their business in accordance with Article 4(1) of Delegated Regulation 2017/2359.
This does not prohibit intermediaries who distribute exclusively on behalf of one or more insurance undertakings, from receiving assistance and guidance from an insurance undertaking to which they are tied, in developing a conflicts of interest policy. However, the regulatory responsibility of establishing, implementing and operating the policy remains with the insurance intermediary.
This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.
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