License The insurance activity is a document certifying the right of its owner to carry out insurance activities in the territory of the Russian Federation, subject to the conditions and requirements specified when issuing such a license. The license may be issued to carry out insurance activities on a certain territory declared by the insurer.
Licensing insurance activities in the territory of the Russian Federation is mandatory and is carried out by the Federal Insurance Supervision Service.
The license to carry out insurance, reinsurance, mutual insurance, insurance brokerage is issued to subjects of insurance. A license providing the right to engage in insurance activities in the Russian Federation can only be issued to a legal entity or an individual entrepreneur. Insurance activities, subject to licensingThe activities of insurance organizations and mutual insurance societies are considered to be related to the formation of special cash funds (insurance reserves) necessary for upcoming insurance payments.
Licenses are issued to carry out voluntary and compulsory personal insurance, property insurance, liability insurance and reinsurance. At the same time, the licenses indicate specific types of insurance that the insurer is entitled to implement (Art. 32.9 of the Insurance Act).
License for insurance activities has no restrictions on an action, if it is not specifically provided for issuing.
To obtain a license for the right to conduct insurance activities, the insurer must have paid by the authorized capital In accordance with applicable law. In addition, a number of requirements are made to the subject of the insurance case (Article 32.1 of the Insurance Act):
1. Heads (including the sole executive body) of the case of the Insurance Business - a legal entity or the subject of the insurance case, an individual entrepreneur must have a higher economic or financial education confirmed by a document on the highest economic or financial education recognized in the Russian Federation, as well as work experience in The field of insurance business and (or) finances at least two years.
2. The Chief Accountant of the Insurer or Insurance Broker must have a higher economic or financial education confirmed by a document on the highest economic or financial education recognized in the Russian Federation, as well as work experience in the specialty of at least two years in the insurance, reinsurance organization and (or) of the brokerage organization registered in the territory of the Russian Federation.
The insurance actuary should have a higher mathematical (technical) or economic education confirmed by a document on higher mathematical (technical) or economic education recognized in the Russian Federation, as well as a qualifying certificate confirming knowledge in the field of actuarial calculations.
Heads (including the sole executive body) and the chief accountant of the subject of the Insurance Business - a legal entity must permanently reside in the territory of the Russian Federation.
Deciding on the issuance of a license or a refusal to issue a license is carried out by the insurance supervisory authority within a period not exceeding 120 days from the date of receipt by the insurance supervision authority of all documents provided for in this article to obtain a license for a license applicant. Decision on issuing or refusing to issue a license for the implementation of an additional type of voluntary and (or) mandatory insurance provided for by the classification of insurance types, as well as to reinsurance, is carried out by the insurance supervision body within a period not exceeding sixty days from the date of receipt by the insurance supervisory authority of all provided for by this article for obtaining a license applicant for license documents.
The adoption of this decision the insurance supervisory authority is obliged to inform the applicant to the license within five working days from the date of decision-making.
The grounds for refusing a license to provide license issuance are (Art. 32.3):
Non-compliance of documents submitted by the license applicant to obtain a license, the requirements of the law and regulatory legal acts of the insurance regulatory authority;
Non-compliance of constituent documents with the requirements of the legislation of the Russian Federation;
Availability in documents submitted by the license applicant, unreliable information;
The presence of managers (including the sole executive body) or the chief accountant of the license applicant with an incomplete or outstanding criminal record;
The inspection of insurers of its financial sustainability and solvency in accordance with the regulatory legal acts of the insurance regulatory authority;
The presence of an unfulfilled prescription of the insurance supervisory authority;
Insolvency (bankruptcy) (including deliberate or fictitious bankruptcy) of the subject of the insurance case - a legal entity due to the fault of the license applicant.
The decision of the insurance supervisory authority on the refusal to issue a license is sent in writing to the license seeking within five working days from the date of the adoption of such a decision indicating the reasons for refusal.
Cancellation of the license or cancellation of a license issuance is carried out in the case of (Art. 32.4):
Failure to the license applicant measures to obtain a license within two months from the date of the notification of license issuance;
Establishing up to the issue of issuing a license to submit an invalid information by a license applicant.
License(Art. 32.5). The license is issued without limiting the term of its action, except in cases determined by this Law, and is valid from the date of its receipt by the subject of the insurance case. The license is not transmitted to other persons. (As amended by FZ dated 29.11.2007 N 287-FZ)
A temporary license may be issued for time:
Specified in the statement of a license applicant, but not more than three years;
From one year to three years, in the absence of information, allowing to reliably assess the insurance risks provided for in the insurance rules submitted in licensing, as well as in cases established by insurance legislation.
The term of the temporary license can be extended by a statement of a license applicant, unless otherwise provided by insurance legislation.
In the extension of the time license, it may be denied if during its operation a violation of the insurance legislation license has been established, which are not eliminated within the prescribed period.
The license terminates in the event of termination of the subject of the insurance case - an individual entrepreneur, the liquidation or reorganization of the subject of the insurance case - a legal entity, with the exception of the reorganization in the form of joining or allocation. The license of the subject of the insurance business is a legal entity to which another legal entity is associated or from which another legal entity is distinguished (FZ dated November 29, 2007 N 287-FZ)
The license of the subject of the insurance business is a legal entity established in the form of reorganization in the form of transformation, subject to the compliance of the newly emerged legal entity, the requirements of the legislation of the insurance supervision must replace the license form to the subject of the insurance case - the legal entity established in the reorganization procedure in The form of the transformation, within ten working days from the date of receipt of the documents provided for in Article 32 of the Insurance Law (FZ of November 29, 2007 No. 287-ФЗ).
Restriction or suspension of the license (art. 32.6.)
In identifying the violation of insurance legislation, the subject of the insurance case is given by the insurance supervisory authority an order to eliminate violations.
The prescription is given in the case of:
1) the implementation by the subject of the insurance business prohibited by law, as well as activities in violation of the conditions established for issuing a license;
2) non-compliance with the insurer of insurance legislation in terms of the formation and placement of insurance reserves, other guaranteeing insurance fees of funds;
3) non-compliance with the insurer of established requirements for ensuring the regulatory ratio of assets and commitments, other established requirements for ensuring financial sustainability and solvency;
4) violations by the subject of the insurance case of established requirements for the submission of insurance supervisory and (or) its territorial statement body;
5) failure to submit to the subject of insurance case within the established period of documents requested in the exercise of insurance supervision within the competence of the insurance supervisory authority;
6) establishing the fact of submission by the subject of the insurance case into the body of insurance supervision and (or) its territorial body of incomplete and (or) unreliable information;
7) failure to submit to the subject of the insurance case within the prescribed period in the body of the insurance supervision of information on changes and the add-ons listed in the documents specified in paragraph 10 of Article 32 of this Law (with the application of documents confirming such changes and additions).
The subject of the insurance case in the prescription established by the prescription submits to the insurance supervisory authority documents confirming the elimination of the identified disorders.
These documents should be discussed within 30 days from the date of receipt of all documents confirming the execution of the prescription in full.
Representing the subject of insurance business within the established period of documents confirming the elimination of identified violations is the basis for recognizing the prescription fulfilled. On the removal of the prescription is reported to the subject of the insurance case within five working days from the date of the adoption of such a decision.
The establishment of subsequently submitting the subject of the insurance case of documents containing inaccurate information is the basis for the recognition of the previous prescription of this prescription.
In case of non-fulfillment of the prescription, or within the prescribed period, as well as in the event of evasion of the subject of the insurance case, from obtaining a prescription, the license is limited or suspended in the manner prescribed by law.
Limitation of license action The insurer means a ban on the conclusion of insurance contracts for certain types of insurance, reinsurance contracts, as well as making changes that entail an increase in the obligations of the insurer into the relevant contracts.
Suspension of the license The subject of the insurance case means a ban on the conclusion of insurance contracts, reinsurance contracts, contracts for the provision of insurance broker services, as well as making changes that entail an increase in the obligations of the subject of the insurance case into relevant contracts.
The decision of the insurance supervisory insurance supervision or the suspension of the license is to be published in the printed body determined by the insurance supervisory authority within 10 working days from the date of the adoption of such a decision and enters into force on the date of its publication. The decision of the insurance supervisory insurance supervision or the suspension of the license is sent to the subject of the insurance case in writing within five working days from the date of entry into force of such a decision, indicating the reasons for the restriction or suspension of the license.
Renewal of the license After its restriction or suspension, it means the restoration of the right of the subject of the insurance case to carry out activities on which a license is issued, in full (Art. 32.7). The basis for this is the elimination of the subject of the insured business of the violations within the prescribed period and in full. The decision on the resumption of the license shall enter into force on the date of its adoption and is brought to the attention of the subject of insurance affairs and other interested parties within 15 days from the date of adoption of such a decision. The decision on the resumption of a license is published in the printed authority determined by the insurance supervisory authority.
The basis for termination of insurance activities of the subject of insurance It is a court decision, as well as the decision of the insurance supervision authority to revoke a license, including those accepted on the application of the subject of the insurance case (Art. 32.8).
Licensing of insurance activities contributes to the maximum protection of insurers from unscrupulous insurers, and also completely eliminates the emergence of one-day firms that will be illegally assigned to customer funds.
Each insurance company must have a license to carry out insurance.
Moreover, the content of this license must be available to all potential policyholders.
At the same time, each potential insured before the conclusion of the insurance contract can check the presence or absence of a license from the insurer, as well as information on the limitation or suspension of the license activities in the Banner of the Bank of Russia.
What law is regulated by licensing and who supervises
Licensing insurance activities It is called the issuance of permission (license) to work in the field of insurance. Without a license, the organization has no right to insure in the territory of the Russian Federation.
Regulated Licensing Insurance Activities Law "On the organization of the insurance case in the Russian Federation".
This law contains:
- basic concepts in the field of licensing insurance activities in the Russian Federation;
- grounds and procedure for issuing licenses;
- the rights and obligations of subjects of the insurance market and insurance supervisory authorities;
- grounds and procedure for suspending and limiting the license;
- the foundations and procedure for reviewing the license from organizations or individual entrepreneurs who are engaged in insurance activities.
Issued licenses for the right to carry out this activity Bank of Russiawhich since 2013 is the only one insurance supervision authority In Russian federation.
The Bank of Russia has the right to suspend or limit the license, as well as to review the license among the subjects of the insurance case.
Licenses are issued to insurance organizations, reinsurers, mutual insurance societies, as well as insurance brokers.
To obtain the relevant license, these organizations should comply with all requirementswhich makes the law to organizations carrying out insurance activities in Russia.
These requirements are enshrined in the Law "On the Organization of Insurance Country in the Russian Federation" and other acts of the Russian Federation. So, the law establishes minimum amount of authorized capital For organizations engaged in insurance activities in the Russian Federation.
Requirements are also presented to legal form license applicants.
Special attention must be paid education, experience and professional qualities Persons engaged in leadership posts in the insurance company (General Director, Chief Accountant, etc.), since the law indicates strict requirements for these employees. Failure to comply with the requirements leads to failure to issue a license.
When considering an application for issuing a license of an insurance organization, the requirements are also presented to founders or shareholders Insurance organization. The share of foreign capital in the authorized capital of the insurance organization should not be more 49 %.
What information can be obtained by reading licensed
Registry of licenses is conducted by the Bank of Russia in financial markets and published on the website of the Central Bank of the Russian Federation.
The license must contain the following information:
Restrictions of action and suspension of the license
In case the company or an individual entrepreneur who received a license, violation of legislation will be allowed In the field of insurance, the Bank of Russia will be able to limit the license or suspend its action.
In case of detection of such an offense, the Bank of Russia makes a prescription, which provides a requirement to eliminate the violation. If inconsistencies are not eliminated or an organization or entrepreneur will not send documents indicating the elimination of the violation, the Bank of Russia has the right suspend or limit the license.
Limitation of the license means that the insurance organization will not be able to conclude certain types of contracts with insurers.
Suspension of the license means that the insurer does not have the right to enter into contracts for all types of insuranceprovided for in the license.
At the same time, information on the restriction or suspension of the license is published in the Bulletin of the Bank of Russia. Publications in the Bulletin of the Bank of Russia can also be found on the official website of the Central Bank of the Russian Federation.
Restriction or suspension of the license is removed after the complete exclusion of violations.
Information on the renewal of the license is also published in the Vestnik of the Bank of Russia.
The insurance supervisory authority has the right to withdraw a license if not eliminating disorders that were the basis for suspending or limiting the license.
In this case, insurance organization or individual entrepreneur terminates their insurance activities.
Also, the Bank of Russia has the right to withdraw a license in case repeated violation Legislation standards during the year (under repeatedness implies a violation of legislation two or more times) or in case the insurance organization for 12 months Do not begin to carry out insurance activities.
The license review can also be implemented at the request of the insurance organization itself.
After the license revocation, the insurance company should for six months provide All accounting reports, the original license, the decision to eliminate the organization or termination of insurance activities, documents confirming the availability or absence of the requirements of insurers or beneficiaries and other counterparties of the organization. 
For six months, the organization is obliged to implement insurance Case Payments And terminate contracts with all the insured. The organization should also terminate its membership in all non-commercial organizations.
The review of the organization or entrepreneur license is also published in the Bulletin of the Bank of Russia.
As a result of the action of strict rules, the number of subjects exercising insurance activities in Russia gradually decreases.
On the one hand, it is a plus because everything goes unreliable insurance market players. On the other hand, it is minus, since competition among the players of the insurance market is reduced and the threat of a monopoly collusion of large players is created.
The main merit of strict requirements for legislation in the field of licensing insurance activities in the Russian Federation lies in the fact that they are revealed effective impact tools on the subjects of the insurance market in the event of a violation of insurance legislation.
Video message about the suspension of the license
Introduction
Licensing insurance activities is carried out by the federal authority of the executive authority for supervision of insurance activities in order to protect the interests and rights of insurers, insurers and the state and is a way of state regulation and control over the activities of insurance organizations and compliance with the current insurance legislation of the Russian Federation.
There will be no exaggeration to say that the licensing issues of insurance activities have always been one of the most sharp in insurance, and today they have already acquired the character of almost emergency. And it is associated not only with the problems existing in the legislation in regulating licensing issues, but also with the fact that, as you know, a list of types of insurance has changed, and legal uncertainty about the need to obtain special licenses to reinsurance by insurance companies. Licensing requires the presentation of a huge package of documents, and most importantly, in rigidly defined deadlines.
Insurance activities
Under insurance activities it is understood as the activities of insurance organizations and mutual insurance societies (insurers) associated with the formation of special cash funds (reserves) due to the insurance premiums paid by insureders (premiums) for payments under insurance contracts.
Activities related to an assessment of insurance risks, determining the amount of damage, the size of insurance payments, other consulting and research activities in the field of insurance, does not require a license.
License for insurance activities is a document certifying the right of its owner to carry out insurance activities in the Russian Federation, subject to the conditions and requirements specified when issuing a license.
The license may be issued to carry out insurance activities on a certain territory declared by the insurer.
The license is issued on the prescribed form.
The classification of types of insurance was introduced by federal law of 10.12.2003 No. 172-FZ. In the license issued by the insurer, the following types of insurance are indicated by the classification:
1) life insurance in case of death, harvesting to a certain age or the deadline or an occurrence of a different event;
2) Pension insurance:
3) life insurance with a condition of periodic insurance payments (rent, annuities) and (or) with the participation of the insured in the investment income of the insurer;
4) insurance against accidents and diseases;
5) medical insurance;
6) insurance of land transport facilities (with the exception of railway transport);
7) insurance of railway transport;
8) insurance of air transport;
9) insurance of water transport;
10) cargo insurance;
11) Agricultural Insurance (Harvesting, crops, many years of plantings, animals);
12) insurance of property of legal entities, with the exception of vehicles and agricultural insurance;
13) insurance of citizens' property, with the exception of vehicles;
14) insurance of civil liability of motor vehicles;
15) insurance of civil liability of air transport resources;
16) insurance of civil liability of water vehicle owners;
17) insurance of civil liability of railway transport owners;
18) insurance of civil liability of organizations operating hazardous objects;
19) civil liability insurance for causing harm due to disadvantages of goods, works, services;
20) insurance of civil liability for causing harm to third parties;
21) insurance of civil liability for non-performance or improper fulfillment of obligations under the contract;
22) Insurance of entrepreneurial risks;
23) Financial risk insurance.
In accordance with paragraph 1 of Art. 6 of Federal Law No. 172-ФЗ dated 10.12.2003, insurers are "legal entities created in accordance with the legislation of the Russian Federation to carry out insurance, reinsurance, mutual insurance and licenses in the manner established by this Law." Additional amendments of March 7, 2004. The law also established the need for a license for the right to reinsurance, although this type of insurance activity, as seen above, paragraph 9 of Article 32 of this Law, is specifically and not highlighted in the classification of types of insurance.
It is also necessary to allocate the shortcomings of the classification of types of insurance activities. The main defects are reduced to the following:
The absence of such a species as insurance of various types of professional responsibility (attributing it to any other class is impossible from the point of view of creatures and technology for the implementation of this type of insurance),
The absence of a separate type of insurance (expenses) of traveling abroad; The specified view is usually a combined type of insurance consisting of accident insurance (personal risky insurance) and insurance of various kinds of expenses (medical, medical and transport, legal assistance, loss of baggage, etc.), it is difficult to uniquely attributed To one of the types of classification provided for in paragraph 1 of Art. 32.9 of the law,
Insurance of special types of responsibility (for example, liability insurance of directors and officials, etc.),
An ambiguous is the legality of attributing voluntary health insurance to personal risk insurance, if we talk about the prospect of full refusal of the attachment system in favor of introducing a full-fledged risk system of medical expenses.
The situation may be insoluble without relevant changes in legislation.
Insurance license procedure
The Federal Insurance Supervision Service approved the Regulations for Licensing the activities of the Insurance Subjects, which is an internal document and determines the procedure for the work of the Office for accepting licenses for issuing licenses, verifying the submitted documents, as well as the basic functions of divisions on this issue.
The regulation contains the following main provisions in terms of licensing insurance activities:
The procedure for the registration of licenses and documents received from applicants;
The procedure for pre-verifying the submitted documents, including the parameters for assessing the compliance of documents of the List and forms that are determined by law;
The procedure and conditions for sending notifications to applicants for licenses for reception or refusal to accept documents for consideration;
The procedure for conducting examination of documents, including the parameters for assessing the compliance of document content with the requirements of legislation;
The procedure for preparing the conclusion that is necessary to make a decision on issuing a license;
Procedure for making a decision on issuing a license;
Rules for registration of the license itself;
The procedure for notifying license applicants about the decision taken;
The procedure for the formation of an information base service for the results of the consideration of the application.
The main rules for the activities of the insurance supervision in this part are reduced to the following.
Initially, the statements come into business management and on the same day are transmitted to the preliminary control management, where they are registered in the service base. This base is conducted from July 1, 2005, and it reflects all information about the course of consideration of incoming documents, in particular, the outgoing number and date of the application, the incoming room and the date of receipt in the service, the company name, its registration number, types of insurance, The right to implement the applicant asks for a license or license.
At the same time, all statements are sent to the supervision management in order to obtain information on the presence of either the lack of submission of violations of insurance legislation in the subject of the insurance case, which claims the license. If at the time of filing the application in its activities there are signs of violation of insurance legislation, then the company refuse to obtain a license. This process takes usually for several days.
At the stage of preliminary verification of documents, an assessment of the completeness and reliability of the submitted license package, which should include documents in accordance with the list defined in the Law of the Russian Federation of November 27, 1992 N 4015-1 "On the organization of insurance affairs in the Russian Federation" (hereinafter Law on the organization of the insurance business). As you know, paragraph 2 of Art. 32 of this legislative act provides that the following documents should be submitted to obtain a license to the insurance supervision authority:
1) an application for license;
2) constituent documents of the license applicant;
3) a document on the state registration of the applicant as a legal entity;
4) Minutes of the Assembly of the founders on the approval of constituent documents and approval as a sole executive body, head or leaders of the Collegial Executive Authority of the license applicant;
5) information on the composition of shareholders (participants);
6) documents confirming the payment of the authorized capital in full;
7) documents on state registration of legal entities that are founders of the subject of the insurance case, the audit conclusion on the reliability of their financial statements for the last reporting period, if there is a mandatory audit for them;
8) information on the sole executive body, the head or leaders of the collegial executive body, the Chief Accountant, the head of the Audit Commission (Auditor) of the Insurance Subject;
The legislator found that all subjects of insurance activity are obliged to have a license, that is, the established form of a document, which gives the right to become a member of this market in the specific territory of Russia.
About all the nuances of his design and will be discussed in our article.
What activities are subject to licensing?
Law No. 172 of 2003, regulating the organization of the insurance sphere in our country, classifies all types of activity for which permission is required. This list covers twenty three types.
In particular, the receipt of the document allows you to insure the client's life:
- in case of occurrence of any circumstances, for example, death, the achievement of a specific age;
- on the conditions of regular insurance payments on financial rent;
- from the occurrence of illness or accident.
Insurance activities are subject to compulsory licensing:
- medical;
- pension;
- trucking;
- agriculture.
Insurance is also carried out:
- personal property;
- entrepreneurial and financial risks;
- all types of vehicles (air, automotive, rail, water);
- civil liability of their owners.
Similarly, civil liability is insured:
- structures involved in the operation of hazardous facilities;
- in case of harmful consequences due to poorly acquired goods, work produced or service provided;
- for applying harmful effects to a third party;
- for violation of contractual obligations.
Reinsurance, mutual insurance, insurance brokerage can also be engaged only after the acquisition of relevant permission. 
On Requirements and Conditions
When licensing for an insurance company, an indispensable requirement is put forward - the presence of a certain authorized capital. Differentiation of its smallest size depends on the planned direction of activity.
In the presence of the value of the authorized capital not lower than one hundred and twenty million rubles Organizations are allowed to carry out insurance:
- citizens (excluding life insurance);
- civil liability;
- risks of entrepreneurs;
- real estate and other property.
Two-time increase The values \u200b\u200bof the authorized capital makes it possible to enter into life insurance contracts. Availability 480-million gives the right to reinsurance work.
For one health insurance, it is enough to have 60 million rubles.
The legislator reserved the right to change the necessary minimum of authorized capital. This may depend on the economic state in the state, inflationary processes, changes in strategic directions in this area.
Regulation is also the permissible possibility of using foreign investment. Licenses allowing to insure property, life and health of people in our country using budget funds cannot be issued to subsidiary structures of foreign firms or organizations containing more than 49 percent of foreign funds in the authorized capital.
The same limitation refers to insurance:
- risks arising from the procurement of goods, works and services for municipal and state needs;
- property interest of municipal and government agencies.
Companies, the authorized capital of which has a share of foreign over 51 percent, are not allowed to licensing, along with the above, on the CTP, as well as to insure the interest of customers associated with the achievement of a specific age.
Serious qualification requirements are imposed on governing persons of companies:
- The general director, in addition to higher education, there must be more than two years of work experience as the head of the insurance company.
- Glavbukh In addition to compliance with the requirements of the Federal Law "On Account", it is obliged to have experience in accounting for five years or more, of which he should work in the structure engaged in insurance.
- Guidelines should not be engaged in persons who have previously headed by the company who have revoked or suspended the permit for insurance activities over the past three years.
- Leaders are not allowed with unrewined criminal record or disqualification for violations in the field of finance.
In addition to confirmation of the availability of the necessary assets available at the disposal of insurers and the qualifications of the Steering Service, in the Licensing Process are necessarily monitored:
- insurance conditions that should not be contrary to civil law;
- the validity of the Insurance Tariff used;
- compliance of the rules governing the formation of the insurance reserve, the requirements that are established by the legislator;
- availability of a business plan.
List of documents
To obtain permission, the applicant must be prepared before applying for the application:
- constituent documentation;
- certificates of the State Registration of the Organization as a legal entity;
- meeting protocols, where constituent documentation and candidates for senior positions were approved;
- list of shareholders;
- documentation on the authorized capital;
- documentation on the State Registration of JUR. persons who have established the company, if necessary, with an audit conclusion confirming their latest financial statements;
- data on the management of the company, the chubbuch, the auditor;
- insurance actuaries;
- rules for planned types of insurance with sample treaties;
- mechanism for calculating the insurance factor;
- provisions regulating the creation of an insurance reserve;
- economic justification for the stated insurance.
Where are the documents file?
The statement with the above package of documents is submitted to the administrative authorities of the subject of the Federation in the division of the Federal Insurance Supervision Service.
At the moment, this service is merged with the Federal Service for Financial Markets of the Ministry of Finance of the Russian Federation. Taking into account the reorganizations occurring recently in this ministry, no changes are excluded in this matter.
Validity and cost
To date, there are permissions temporary and with an unlimited period of action. The first are issued for a requested period, a maximum of a three-year period.
In the absence of violations of the company, a temporary license can be extended. After receiving a positive licensing solution, the applicant pays state duty in the amount of 4000 rubles.
License for insurance activities is a document certifying the right of its owner to carry out insurance activities in the territory of the Russian Federation, subject to the conditions and requirements specified when issuing such a license. License to carry out insurance, reinsurance, mutual insurance, insurance brokerage is issued to subjects of the insurance affairs of the FSFR of Russia.
The procedure for licensing the activities of insurance organizations is defined in ch. 32 "Licensing of the activities of the Insurance Subjects" of the Law on Insurance by the Decree of the Government of the Russian Federation of December 31, 2010 No. 1227 "On the features of licensing the activities of insurance medical organizations in the field of compulsory health insurance and recognition of some acts of the Government of the Russian Federation" and the order of the Ministry of Finance of Russia April 11, 2006 No. 60N "On approval of the Regulations on the requirements for the application, information and documents submitted to obtain a license to carry out the activities of the subjects of the Insurance Business".
Licenses are issued to carry out voluntary and compulsory personal insurance, property insurance, liability and reinsurance insurance, if the subject of the insurer's activity is exclusively reinsurance by types of insurance activities. At the same time, the licenses indicate specific types of insurance that the insurer has the right to carry out. The license is issued on the prescribed form and contains certain details (Fig. 5.1).
License for insurance activities has no restrictions on a period of validity, if it is specifically ns provided for issuing.
To obtain a license to implement good – free and (or) mandatory insurance, mutual insurance The license applicant submits the following documents to the Federal Financial FSFR:
- constituent documents;
Fig. 5.1.
- Document on state registration as a legal entity;
- Minutes of the Assembly of the founders on the approval of the constituent documents of the license applicant and approval as a sole executive body, the head (managers) of the collegial executive body;
- information on the composition of shareholders (participants);
- documents confirming the payment of the authorized capital in full;
- documents on the state registration of legal entities that are founders of the subject of the insurance case, the audit conclusion on the reliability of their financial statements for the last reporting period, if such persons provide a mandatory audit;
- information on the sole executive body, the head (leaders) of the collegial executive body, the Chief Accountant, the head of the Audit Commission (Auditor);
- Information about the insurance actuaries;
- insurance rules for insurance envisaged by legislation, with the application of samples of documents used;
- calculations of insurance rates with an application of the actuarial calculation method used and an indication of the source of the source data, as well as the structure of tariff rates;
- Regulations on the formation of insurance reserves;
- Economic justification for the implementation of types of insurance.
To obtain a reinsurance license The license applicant is obliged to submit the above documents to the Federal Financial FSFR, with the exception of information about the insurance act and insurance rules, calculations of insurance tariffs.
To obtain a license to implement insurance brokerage activities The license applicant presents the following documents to the insurance supervision authority:
- Application for license;
- document on state registration as a legal entity or individual entrepreneur;
- constituent documents of the applicant license - a legal entity;
- samples of contracts required for the implementation of insurance brokerage;
- Documents confirming the qualifications of employees of the insurance broker and the qualifications of the insurance broker - an individual entrepreneur.
License applicants who are subsidiary societies in relation to foreign investors or having a share of foreign investors in their authorized capital of more than 49%, In addition to these documents, agree in the written form of the appropriate body to supervise the insurance activities of the country of the country of stay on the participation of foreign investors in the authorized capital of insurance organizations created in the territory of the Russian Federation, or notify the Federal Financial Markets Service of Russia on the lack of a requirement for such permission in the country of residence foreign investors.
Attention should be paid to the peculiarities of the legal status of insurance organizations involving foreign capital. Thus, insurance organizations that are subsidiary societies in relation to foreign investors (main organizations) or having a share of foreign investors in their authorized capital of more than 49%, cannot be carried out in the Russian Federation life insurance, mandatory insurance, compulsory public insurance, property insurance associated With the implementation of supplies or execution of contract work for state needs, as well as insurance of property interests of state and municipal organizations.
In the event that the size (quota) of foreign capital participation in the authorized capital of insurance organizations exceeds 25%, the Federal Financial Marges of Russia terminates the issuance of licenses for insurance activities to insurance organizations that are subsidiary societies in relation to foreign investors (main organizations) or having a share of foreign investors in their by the authorized capital of more than 49%.
When providing in the appropriate form of all documents (documents should be signed by an authorized face of the license applicant and fastened the seal) necessary to obtain a license, the Federal Financial Markets Service issues a notification in writing to the reception of documents. If later subjects of insurance affairs make changes to the documents that were the basis for obtaining a license, then they are obliged to notify an insurance supervisory authority about this and provide documents confirming these changes.
The Federal Insurance Supervision Service considers the statements of legal entities and individual entrepreneurs to issue licenses on time not exceeding 60 days from the date of obtaining all the documents necessary for obtaining a license. The decision-making of the Federal Financial Markets Service of Russia is obliged to inform the applicant for the license within five working days from the date of decision.
The basis for refusing to issue a legal lodging license to carry out insurance activity can be:
- non-compliance of documents attached to the application, the requirements of the legislation of the Russian Federation;
- Using a license applicant - a legal entity of a fully designation of an individual insurement subject;
- availability in documents submitted by the license applicant, unreliable information;
- the presence of managers or the chief accountant unmanned or outstanding criminal record;
- unsecured insurers of their financial sustainability and solvency in accordance with the requirements of legislation;
- the presence of an unfulfilled prescription of the insurance supervisory authority;
- Insolvency (bankruptcy) of the subject of the insurance business is a legal entity but the fault of the founder of the applicant license.
The refusal to issue a license FSFR of Russia informs the legal entity in writing, indicating the reasons for the refusal within five working days from the date of this decision.
License to carry out insurance activities to subjects of insurance business is issued without limiting its term of operation, however, a temporary license may be issued for a period of no more than three years at the request of the license applicant. In addition, a temporary license may be issued for a period of one to three years. In the absence of information, which allows to reliably assess the insurance risks provided for in the insurance rules submitted when licensing. However, the period of validity of the temporary license can be extended by the applicant's application, if during its action they were not allowed violations or they were eliminated on time.
For consideration and issuance of each license for insurance activities, a fee is charged with insurance organizations in the amount established by the current legislation of the Russian Federation. The amounts of license fees are credited to the relevant budgets.
It should be noted that the competence of the Federal Financial Markets Service of Russia in terms of licensing the activities of insurance organizations includes relations, restriction or suspension of license to carry out insurance activities. The basis for making a decision on the restriction or suspension of the license is the failure to comply with the prescription, which will give the insurance supervisory authority to the subjects of the insurance case.
Prescription It is a written indication of the Federal Financial Markets Service of Russia, obliging the insurer to eliminate the identified violation within the prescribed period, i.e., in fact, this is an order to eliminate the insurer within the prescribed period of violations identified from him. The prescription is given to the insurer for violations of the requirements of the Insurance Law, in particular:
- a) for the exercise of activities that cannot be the subject of direct activities of insurers, in accordance with the law;
- b) non-compliance with the established rules for the formation and placement of insurance reserves;
- c) non-compliance with the established requirements for the regulatory relationship between assets and insurance obligations;
- d) violation of the established requirements for submission to the Federal Financial Markets Service of Russia;
- e) failure to submit documents requested by FFS of Russia;
- e) establishment of unreliable information in the Federal Financial FSFR;
- g) disagreement within the established period of the Federal Financial Markets Service of Russia on changes and additions made to the documents submitted to the basis for issuing a license (with the submission of confirmation documents);
- h) Other violations.
The prescriptions are directed by the Federal Financial Markets Service of Russia to the subjects of the insurance case. Accordingly, the organizations that received prescriptions should correct the identified violations within the prescribed period and notify the control body. In the event of non-fulfillment of the prescription, the license is properly or within the deadline, the license is limited or suspended in the manner prescribed by law.
Limitation The actions of the insurer license means a ban on the conclusion of insurance contracts for certain types of insurance, reinsurance contracts, as well as making changes that entail an increase in the obligations of the insurer into the relevant contracts.
Suspension The actions of the insurer's license means a ban on the conclusion of insurance contracts, reinsurance contracts, contracts for the provision of insurance broker services, as well as making changes that entail an increase in the obligations of the subject of the insurance case into relevant contracts.
The decision on the restriction or suspension of the license is mandatory to be published in the printed bodies, which is determined by the Federal Financial Markets Service of Russia, within 10 working days from the date of the adoption of such a decision and enters into force on the date of its publication. Accordingly, the insurer is also reported in writing within five working days from the date of entry into force of such a decision, indicating the reasons for the restriction or suspension of the license.
Presentation by the insurer within the established period of documents indicating the elimination of violations that caused or suspending the license to limit or suspend the license is the basis for resuming the license.
