Entire Section

  • Exclusions

    • GEN 2.19.2

      A Person (an 'arranger'), does not carry on the activity of Insurance Intermediation specified in GEN Rule 2.19.1(1) if that Person enters, or is to enter, into a transaction in respect of a Contract of Insurance as principal. This exclusion does not apply in the case of a branch which makes arrangements for its head office, or any other branch of the same legal entity as itself, to enter into a transaction as provided under GEN Rule 2.19.1(1).


      Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04] [Amended] DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]
      [Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]

    • GEN 2.19.3

      A Person does not carry on Insurance Intermediation if the activity:

      (a) is carried on in the course of any professional business which does not otherwise consist of the carrying on of Financial Services;
      (b) may reasonably be regarded as a necessary part of any other services provided in the course of that professional business; and
      (c) is not remunerated separately from the other services; and
      (d) does not assist in the conclusion or performance of a Contract of Insurance.

      Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04]
      [Amended][VER6/12-05]
      [Amended] DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]

    • GEN 2.19.3A GEN 2.19.3A

      A Person does not carry on an Insurance Intermediation activity if:

      (a) the activity is carried on in the course of a business of providing goods or services (other than Financial Services);
      (b) providing goods or services referred to in (a) is the principal business of that Person; and
      (c) the activity:
      (i) can reasonably be regarded as being ancillary and complementary to the principal business of that Person; and
      (ii) does not relate to a contract of Long-Term Insurance.

      Derived from DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]

      • GEN 2.19.3A Guidance

        1. The exclusions in GEN Rules 2.19.3 and 2.19.3A apply to certain Insurance Intermediation activities which occur in the course of carrying on other businesses.
        2. GEN Rule 2.19.3 applies to activities carried on as a necessary part of a professional service, such as insurance advice provided by an accountant or solicitor as part of estate planning or tax advice.
        3. GEN Rule 2.19.3A applies to activities that are ancillary and complementary to a business of providing goods or services. This might include, for example, a travel agent arranging travel insurance or a supplier of electrical goods arranging insurance of those goods. It does not apply if the main service or good is not provided to the customer, for example, if a travel agent does not provide the main travel service to the customer.

        Derived from DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]

    • GEN 2.19.4

      A Person does not give advice in relation to a Contract of Insurance by giving advice in any newspaper, journal, magazine, broadcast service or similar service in any medium if the principal purpose of the publication or service, taken as a whole, is neither:

      (a) that of giving advice of the kind mentioned in GEN Rule 2.19.1; nor
      (b) that of leading or enabling Persons to buy types of insurance.

      Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04]

    • GEN 2.19.5

      A Person does not arrange a Contract of Insurance merely by providing the means by which one party to a transaction is able to communicate with other such parties.


      Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04]

    • GEN 2.19.6

      A Person who is an Authorised Firm does not advise in relation to a Contract of Insurance if it is authorised under its Licence to carry on the Financial Service of Advising on Financial Products, to the extent the advice relates to a contract of Long-Term Insurance, that is not a contract of reinsurance.


      Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04]
      [Amended] DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]
      [Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]

    • GEN 2.19.7

      A Person who is an Authorised Firm does not arrange a Contract of Insurance if it is authorised under its Licence to carry on the Financial Service of Arranging Deals in Investments, to the extent that the arranging relates to rights under a contract of Long-Term Insurance, that is not a contract of reinsurance.


      Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04]
      [Amended] DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]
      [Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]

    • GEN 2.19.8

      An Insurance Manager does not carry on Insurance Intermediation to the extent that it carries on an activity that constitutes Insurance Management.


      Derived from DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]

    • GEN 2.19.9

      A Person does not carry on Insurance Intermediation by reason only of providing either or both of the following services:

      (a) an insurance loss adjustment service; or
      (b) the expert appraisal of insurance claims.

      Derived from DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]