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Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

Insurance Act No.54 of 2005 - Vanuatu Financial Services ...

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(a)at all times be satisfied that an independent insurance salesperson that promotes ormarkets its products:(i)(ii)(iii)is competent to present its insurance products; andcomplies with accepted principles for sales promotion; andwill not use intimidation methods or high pressure sales techniques; and(b)take all reasonable steps in the circumstances to ensure that theindependent insurance salesperson complies with this <strong>Act</strong> and other laws <strong>of</strong><strong>Vanuatu</strong> on conducting business, and any applicable code <strong>of</strong> conduct.(3) The insurer must keep an up to date list <strong>of</strong> the independent insurance salespersons whopromote or market its insurance products.(4) The list must:(a)(b)contain each independent insurance salesperson’s name and business address; andstate the insurance products the salesperson is to promote or market.(5) The Commission may require information from the insurer to enable the Commission tomaintain and update the register <strong>of</strong> the insurance intermediaries.80 The Agreement between the insurer and the insurance intermediary(1) An insurer, or a person acting for an insurer, must not <strong>of</strong>fer or give consideration to aninsurance intermediary for providing services as intermediary, other than in accordancewith this <strong>Act</strong>.(2) An insurer must not authorize an insurance intermediary to enter into an insurance policy,other than a reinsurance policy, on its behalf, unless the policy is covered by anagreement between the insurer and the insurance intermediary that:(a)(b)(c)sets out, the kinds <strong>of</strong> insurance policies that the intermediary may enter into, thepremiums or the basis for the calculation <strong>of</strong> premiums to be charged, the wordings<strong>of</strong> those policies and the maximum value <strong>of</strong> the policy benefits that may beprovided under each kind <strong>of</strong> policy;sets out the scope <strong>of</strong> the intermediary’s powers to settle or pay claims under thepolicies and the circumstances where it may do so; andif the intermediary is entitled to be paid other than by way <strong>of</strong> commission - setsout the basis on which the intermediary is to be paid; and59

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