Entire Section

  • GEN 2.19.1 GEN 2.19.1

    (1) In GEN Rule 2.2.2 Insurance Intermediation means:
    (a) advising on a Contract of Insurance;
    (b) acting as agent for another Person in relation to the buying or selling of a Contract of Insurance for that other Person;
    (c) making arrangements with a view to another Person, whether as principal or agent, buying a Contract of Insurance; or
    (d) operating an Insurance Aggregation Site.
    (2) In (1)(a), 'advising' means giving advice to a Person in his capacity as a Policyholder, or in his capacity as agent for a Policyholder on the merits of his entering into a Contract of Insurance whether as principal or agent.
    (3) In (2), 'advice' includes a statement, opinion or report:
    (a) where the intention is to influence a Person, in making a decision, to select a Contract of Insurance or insurance cover; or
    (b) which could reasonably be regarded as being intended to have such influence.
    (4) The arrangements in (1)(c) include arrangements which do not bring about the transaction.
    (5) The arrangements in (1)(c) do not include the mere provision of information about:
    (a) a Contract of Insurance, insurer, insurance intermediary or insurance manager to a Policyholder; or
    (b) a Policyholder to an insurer, insurance intermediary or insurance manager,
    if the Person providing that information does not take any further steps to assist in concluding the Contract of Insurance.

    Derived from DFSA RM01/2004 (Made 16th September 2004). [VER1/09-04]
    [Amended] [VER6/12-05]
    [Amended] [VER10/06-06]
    [Amended] DFSA RM68/2009 (Made 3rd January 2010). [VER24/01-10]
    [Amended] DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]
    [Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]

    • GEN 2.19.1 Guidance

      1. Insurance Intermediation activities may be carried on by an Insurance Agent (i.e. a Person who acts as an agent of one or more insurers) or an Insurance Broker (i.e. a Person who acts as an agent of a policyholder), or by an Insurer itself, in relation to its own Contracts of Insurance. Generally, most activities of an Insurance Agent can be carried on by an Insurance Manager that has the authority to underwrite Contracts of Insurance in the DIFC.
      2. For more information about Insurance Aggregation Sites, see Guidance items 2 to 4 under GEN Rule 2.11.1.
      3. See the Guidance under Arranging Deals in Investments in GEN section 2.9 for the distinction between the activities of 'acting as agent' and 'arranging'.
      4. A Person 'acting as agent' as set out in GEN Rule 2.19.1(1)(b) for an Insurer effecting or carrying out contracts of Long-Term Insurance will need to hold an Insurance Intermediation or Insurance Management Licence.
      5. If an Insurance Intermediary wishes to carry on Insurance Intermediation activities in respect of a contract of Long-Term Insurance, that is not a contract of reinsurance, it must obtain an endorsement on its Licence (see GEN Rule 2.2.10C).
      6. See also Guidance item 2 under GEN Rule 2.9.1 for examples of activities that constitute arranging.
      [Added] [VER10/06-06]
      [Amended] DFSA RM66/2009 (Made 1st August 2009). [VER23/08-09]
      [Amended] DFSA RM68/2009 (Made 3rd January 2010). [VER24/01-10]
      Amended in accordance with Notice of Amendments to Legislation April 2011 [VER27/02-11]
      [Amended] DFSA RM176/2016 (Made 19th June 2016) [VER37/08-16]
      [Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]