Insurance representative

Latest update: 2020-04-15 17:21:08

1°. Defining the activity

The insurance agent is a professional acting on one or more mandates with one or more insurance companies. Its activity consists of the presentation, proposal or assistance in the conclusion of an insurance transaction.

As an agent, he cannot manage contracts or deal with claims settlement.

For further information: Article L.511-1 of the Insurance Code.

2°. Professional qualifications

a. National requirements

National legislation

Anyone who wishes to practise as an insurance agent must justify a professional capacity in Tier II insurance, which is mandatory to present insurance products.

Please note

When the professional wishes to act as an insurance intermediary as an ancillary, he will have to justify a professional capacity in Level III insurance only.

To learn more about the levels of professional capacity in insurance, it is advisable to refer to the Orias .

Training

In order to practise as an insurance agent, the individual must justify:

• or a professional internship whose minimum training programme is set by the decreed from 11 July 2008 . It cannot be less than 150 hours and must be carried out:- either with an insurance company or an intermediary,
  • either at a training centre chosen by the employer or principal;

Please note

At the end of the internship, the professional will be subject to a check of the acquired skills.

• or one year of experience as an executive in a function related to the production or management of insurance or capitalization contracts within an insurance company or with an insurance intermediary;
• two years of experience in a function related to the production or management of insurance or capitalization contracts within or with those same intermediaries;
• either the possession of a diploma or a title registered in the national directory of professional certifications and corresponding simultaneously:- training level III of the training nomenclature used by the National Commission for Professional Certification,
  • training specialty 313 relating to financial, banking, insurance and real estate activities;
• i.e. a certificate of professional qualification registered in the national directory of professional certifications and corresponding to the speciality of training 313 relating to financial, banking, insurance and real estate activities.

When the professional is an insurance intermediary as an incidental, he or she will have to justify:

• either to have carried out training of a reasonable duration, adapted to the products and contracts it presents or proposes, sanctioned by the issuance of a certificate of training;
• or to justify six months of experience in a function related to the production or management of insurance or capitalization contracts within an insurance company or insurance intermediary;
• either the possession of a diploma or a title registered in the national directory of professional certifications and corresponding simultaneously:- training level III of the training nomenclature used by the National Commission for Professional Certification,
  • 313 specialty in financial, banking, insurance and real estate activities.
• i.e. a certificate of professional qualification registered in the national directory of professional certifications and corresponding to the speciality of training 313 relating to financial, banking, insurance and real estate activities.

For further information: Articles R. 512-10 to R. 512-12, and Section A. 512-7 of the Insurance Code.

Costs associated with qualification

Training to become an insurance agent pays off. For more information, it is advisable to approach a training centre or the institutions issuing the diplomas or certificates referred to above.

b. EU or EEA nationals: for temporary and occasional exercise (Freedom to provide services)

A national of a European Union (EU) state or party to the European Economic Area (EEA) established and legally practising the activities of insurance agent in one of these states may carry out the same activity in France on a temporary and Occasional.

He must simply inform the register of his state beforehand, which will ensure that the information is transmitted to the French register himself (see infra "5°. a. Inform the single register of the EU state or the EEA").

For further information: European Insurance Intermediation Directive of 9 December 2002 known as "  DIA1  » ; Ordinance No. 2018-361 of 16 May 2018 and Decree No. 2018-431 of 1 June 2018 which transpose the 2016/97 Directive of 20 January 2016, and which will come into force on 1 October 2018.

c. EU or EEA nationals: for a permanent exercise (Freedom of establishment)

A national of an EU or EEA state established and legally practising insurance agent activities in one of these states may carry out the same activity in France on a permanent basis.

He must simply inform the register of his state beforehand, which will ensure that the information is transmitted to the French register himself (see infra "5°. a. Inform the single register of the EU state or the EEA").

For further information: DIA1 directive of 9 December 2002.

3°. Conditions of honorability, ethical rules, ethics

The insurance agent is required to comply with the conditions of honour that his profession is responsible for, in accordance with the provisions of the Article L. 322-2 of the Insurance Code . In particular, he must not have been convicted for less than ten years for crimes, money laundering, corruption or tax evasion, not having been removed from public or ministerial duties or of an inability to perform .

Please note

An excerpt from bulletin 2 of the insurance agent's criminal record is requested directly for the practice of the profession.

For further information: Articles L. 322-2, L. 512-4 and R. 514-1 of the Insurance Code.

4°. Insurance

a. Request registration on the Orias register

The person concerned who wishes to practise in France as an insurance agent must be registered in the single register of intermediaries in insurance, banking and finance (Orias).

Supporting documents

Before registration, the person concerned must proceed with the opening an account Orias website and sending a file containing all the following supporting documents:

• A copy of the person's ID or a KBis extract of less than three months if the intermediary is registered in the register of trade and companies;
• a document justifying his professional capacity as specified in paragraph "2." a. Training":- an internship booklet,
  • A certificate of training,
  • A certificate of office,
  • A diploma or certificate
• any document attesting to the existence of one or more warrants;
• settlement of registration fees.

What to know

The certification templates are directly available on the Orias .

Renewal of registration

The registration procedure at the Orias must be renewed every year and with any change in the person's professional situation. In the latter case, the insurance agent must keep the Orias informed one month before the change or within one month of the amending event.

Cost

The registration fee is set at 30 euros payable directly online on the Orias website. In the event of non-payment of these charges, orias sends a letter informing the person concerned that it has a period of thirty days from the date of receipt of the mail to pay the sum.

Failing to settle this amount:

• The application for a first registration to the Orias will not be taken into account;
• the insurance agent will be removed from the register if it is a renewal application.

For further information: Article R. 512-5 of the Insurance Code.

b. Obligation to take out professional liability insurance

As a professional in a liberal activity, the individual is obliged to take out professional liability insurance.

However, he will be able to benefit from the professional liability insurance policy of the insurance company by which he is mandated, justified by the insurance certificate.

For further information: Article L. 511-1 paragraph 3 of the Insurance Code.

c. Criminal sanctions

Any person interested in complying with any of the obligations under paragraphs 3 and 4 is liable to a prison sentence of two years and/or a fine of 6,000 euros.

For further information: Article L. 514-1 of the Insurance Code.

5°. Qualification recognition procedures and formalities

a. Inform the single register of the EU state or the EEA

Competent authority

A national of an EU or EEA Member State who was an insurance agent in that state and who wishes to practice free service or in France must first inform the single register of his or her State.

Procedure

The national will have to provide the following information to the single register of his or her state:

• His name, address and, if applicable, registration number;
• The Member State in which it wishes to operate in the event of LPS or establish itself in the event of an LE;
• The category of insurance intermediary to which he belongs, namely that of insurance agent;
• insurance branches, if necessary.

Timeframe

The single register of the EU state or EEA, from which the national has notified his intention to operate in France, has one month to provide the Orias with the information relating to him.

The national will then be able to start his activity as an insurance agent in France as soon as the single register of his state has informed him of the communication made to the Orias.

For further information: Articles L. 515-1 and L. 515-2 of the Insurance Code; Article 6 of the EU directive "DIA1" of 9 December 2002; Articles 4 and 6 of the European Directive on Insurance Intermediation of 20 January 2016, known as "  Dda  ».

b. Remedies

French assistance centre

The ENIC-NARIC Centre is the French centre for information on academic and professional recognition of diplomas.

Solvit

SOLVIT is a service provided by the National Administration of each EU member state or party to the EEA agreement. Its aim is to find a solution to a dispute between an EU national and the administration of another of these states. SOLVIT intervenes in particular in the recognition of professional qualifications.

Conditions

The person concerned can only use SOLVIT if he establishes:

• that the public administration of one EU state has not respected its rights under EU law as a citizen or business of another EU state;
• that it has not already initiated legal action (administrative action is not considered as such).

Procedure

The national must complete a online complaint form .

Once his file has been submitted, SOLVIT contacts him within a week to request, if necessary, additional information and to verify that the problem is within his competence.

Supporting documents

To enter SOLVIT, the national must communicate:

• Full contact details
• Detailed description of his problem
• all the evidence in the file (for example, correspondence and decisions received from the relevant administrative authority).

Timeframe

SOLVIT is committed to finding a solution within ten weeks of the day the case was taken over by the SOLVIT centre in the country in which the problem occurred.

Cost

Free.

Outcome of the procedure

At the end of the 10-week period, SOLVIT presents a solution:

• If this solution resolves the dispute over the application of European law, the solution is accepted and the case is closed;
• if there is no solution, the case is closed as unresolved and referred to the European Commission.

More information

SOLVIT in France: General Secretariat for European Affairs, 68 rue de Bellechasse, 75700, Paris ( official website ).