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General Insurance Agent

1. Defining the activity

The General Insurance Agent (AGM) is an independent professional whose business is to market and manage insurance products and services under a mandate established by one or more insurance companies.

The agent therefore intervenes with insurance companies but also with a clientele of professionals or individuals who benefit from insurance products and services.

For this clientele, it is his mission to advise and monitor their needs in terms of insurance products and to accompany them from the signing of their contract to their compensation in case of a disaster.

As an independent professional, the AGM manages and manages its business independently and participates in the recruitment and training of its team.

To go further : decree of 5 March 1949 and decree of 28 December 1950 ensuring, respectively, the status of general insurance agents (accidents, fire, miscellaneous risks) and that of general life insurance agents; decree of October 15, 1996 approval of the status of general insurance agents.

Two degrees. Professional qualifications

a. National requirements

National legislation

Anyone who wishes to practice the profession of AGM must justify a professional capacity in Level I insurance, mandatory to present insurance products.

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 AGM, the person 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, a credit institution, a finance company or an intermediary if he is registered as a broker or general insurance agent,
    • either at a training centre chosen by himself or the principal;

Note that

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

  • two years of executive experience in a function related to the production or management of insurance or capitalization contracts within an insurance company or insurance intermediary;
  • four years of experience in a function related to the production or management of insurance or capitalization contracts within these same companies or intermediaries;
  • holding a diploma or corresponding title:- either at the master's level,
    • or simultaneously at the level of bachelor's and training 313 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.

To go further Articles R. 512-9, R. 512-11 and A. 512-6 of the Insurance Code.

Cost of training

AGM training 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 (Free service restoration)

A national of a European Union (EU) state or party to the European Economic Area (EEA) established and legally operating AGM in one of these states may carry out the same activity in France on a temporary and occasional 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 "5o. a. Inform the single register of the EU state or the EEA").

To go further : European Insurance Intermediation Directive of 9 December 2002 known as "  DIA1  » ; ordinance of 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 (Free Establishment)

The national of an EU or EEA state established and legally operating AGM 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 "5o. a. Inform the single register of the EU state or the EEA").

To go further : European Insurance Intermediation Directive of 9 December 2002 known as "  DIA1  » ; ordinance of 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.

Three degrees. Conditions of honorability, ethical rules, ethics

The AGM is required to comply with the conditions of honour that are the responsibility of its profession, in accordance with 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, or having been removed from public or ministerial official duties.

Note that

An excerpt from bulletin 2 of the AGM's criminal record is directly requested by the Orias for the practice of the profession.

To go further Articles L. 322-2, L. 512-4 and R. 514-1 of the Insurance Code.

It's a four-degree one. Registration requirement and insurance

a. Request registration on the Orias register

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

Supporting documents

The registration is preceded by the opening an account Orias website and sending a file containing all the following supporting documents:

  • A copy of the person's ID
  • a document justifying his professional capacity or a KBis extract of less than three months if the AGM is registered in the register of trade and companies 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.

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 AGM will have to keep the Orias informed one month before the change or within one month of the amending event.

The renewal application must take place before January 31 of each year and must include the payment of registration fees.

What to know

The certification templates are directly available on the Orias .

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 AGM will be removed from the register if it is an application for renewal.

To go further Article R. 512-5 of the Insurance Code.

b. Obligation to take out professional liability insurance

In the event of a liberal exercise, the individual is obliged to take out professional liability insurance.

On the other hand, if he practises as an employee, this insurance is only optional. In this case, it is up to the employer to take out such insurance for its employees for the acts carried out on occasion.

To go further Article 1242 of the Civil Code; Sections L. 512-6, R. 512-4 and A. 512-4 of the Insurance Code.

c. Criminal sanctions

Failure to comply with the obligations covered by paragraphs 3 and 4 is punishable by a two-year prison sentence and a fine of 6,000 euros, or only one of these two sentences.

To go further Article L. 514-1 of the Insurance Code.

Five degrees. Qualifications 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 active in that state and who wishes to practice free service or free establishment 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 it belongs, namely that of AGM, and, if applicable, the name of any insurance or reinsurance company it represents;
  • insurance branches, if necessary.

Time

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.

To go further 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 .

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).

Time

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 ).