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Financial Business Act.pdf

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While this translation was carried out by a professional translation agency, the text<br />

is to be regarded as an unofficial translation based on the latest official Consolidated<br />

<strong>Act</strong> no. 286 of 4 April 2006. Only the Danish document has legal validity.<br />

October 2006, GlobalDenmark Translations<br />

(2) The Danish FSA may determine exemptions from the provisions of subsection (1), nos. 1<br />

and 2.<br />

(3) The Danish <strong>Financial</strong> Supervisory may lay down more detailed provisions on the content of<br />

ordinary insurance terms for life-assurance business.<br />

56. The Danish FSA shall lay down more detailed regulations on the information that shall be<br />

submitted in writing by a life-assurance or non-life insurance company to customers before an<br />

insurance contract is entered into and during general customer contact and relations.<br />

57.-(1) An insurance company which provides consumer insurance contracts shall allow the<br />

relevant insurance contracts to be taken out on terms such that the insurance may be<br />

cancelled by the policyholder with 30 days' notice to the end of a calendar month.<br />

(2) A consumer insurance contract under subsection (1) shall mean an insurance contract<br />

where the policyholder (consumer) acts primarily outside his business occupation when<br />

entering into the agreement.<br />

(3) Subsection (1) shall not apply to life assurance and change-of-ownership insurance taken<br />

out pursuant to the ”lov om forbrugerbeskyttelse ved erhvervelse af fast ejendom m.v.” (act<br />

on consumer protection on the acquisition of real property etc.). Furthermore, subsection (1)<br />

shall not apply to insurance contracts which cover special risks that only prevail for a limited<br />

period, when the insurance contract is entered into for an agreed period of no more than 1<br />

month (short-term insurance), unless the insurance is part of another type of insurance.<br />

57a.(1) An insurance company may only use an enterprise to sell the products of the<br />

insurance company if the enterprise is registered in a public register of insurance<br />

intermediaries or meets the conditions for registration, cf. section 10(1); section 27(1) and<br />

section 36(1) of the Insurance Mediation <strong>Act</strong>.<br />

(2) An insurance company may also use insurance distributors, covered by section 3(2) of the<br />

Insurance Mediation <strong>Act</strong>.<br />

58.-(1) In the event that a life-assurance policy is lost, at the request of the person who has<br />

proved his right to the policy, the relevant insurance company may, with six-months' notice,<br />

summon the bearer to come forward. The summons shall be announced in the Danish Official<br />

Gazette in the first issue in a quarter, and it shall contain an adequate description of the<br />

policy, including the person whose life is insured by the policy.<br />

(2) In the event that no one reports before the time limit expires the policy shall be invalid,<br />

and the company shall prepare a new policy for the person who requested the summons. Such<br />

person shall pay the costs of the summons.<br />

(3) In the event that someone reports after the announcement and it is not possible to reach<br />

an amicable arrangement, a new policy may not be issued before the mutual legitimacy of the<br />

claims made has been determined by a judgement.<br />

EXCLUDING MINOR AMENDMENTS<br />

(4) The provisions in subsections (1)-(3) shall not imply any restriction on access to request<br />

that a life-assurance policy be cancelled by a judgement in pursuance of legislation on the<br />

cancellation of securities.

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