There are activities that require a license. The insurance business is such a segment of the provision of services where the interests of the state, businessman and policyholders are involved, therefore it is prohibited to conclude insurance contracts with unlicensed insurance companies.

basic information

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Walking through any city, you can find more than one insurance office, but it is important when choosing a responsible insurer to understand whether he has a license to provide certain services.

Licensing of insurance activities in the territory of the Russian Federation federal body insurance supervisory authority, which must be convinced that the service provider does not intend to deceive its customers and will fulfill its obligations in good faith.

Definitions

Insurance Company is an organization with which both an individual and a legal entity can conclude an agreement. The services of the IC include providing guarantees of compensation in the event of any situation.

License- permission from the state to conduct activities for the provision of insurance services. The license clearly indicates which contracts the insurer has the right to draw up with its customers. A license is a document that may have an expiration date.

Legislation

All the nuances regarding the licensing of insurance activities to provide medical insurance, are spelled out in Government Decree No. 1227 dated December 31, 2010 “on licensing insurance medical. institutions."

What information does

There are two ways to find out if an insurer has a license:

1. Request desired document at the insurer's office.
2. Go to the website of the Central Bank of the Russian Federation and get acquainted with information on licenses issued to insurance companies in the region.

If the insurer provided the license form at the first request of the client without any problems, then you can find out the following information from it:

1. The official name of the organization.
2. Which authority issued the license?
3. Legal address of the office.
4. TIN / OGRN of the insurer.
5. What services can the UK provide?
6. The date from which the licensing decision was made.
7. The date up to which the permit is valid.
8. The number that was assigned to the license and the numerical value under which the insurer is in the register of the Central Bank of the Russian Federation.

Suspension

Obtaining a license does not mean that the insurer has the right to insure anything and anyone. The document strictly spells out all permitted activities.

If the licensed institution violates its obligations, then the permit document may be:

1. Limited.
2. Suspended.
3. Withdrawn.

The limitation of the license means that the insurer can continue its activities, but not for those types of services that were provided with violations.

The suspension of the license indicates the impossibility of concluding any contracts until all the violations identified by the regulatory authorities are corrected.

They can completely deprive the UK of licenses for several reasons:

1. If the violations that led to the suspension are not corrected.
2. If violations are detected more than once a year.
3. If, after obtaining a license, the office did not start working within twelve months.
4. According to the insurer.

All actions related to suspensions, resumptions, etc., are published in a special section "Bulletin" on the official website of the Central Bank.

If an application for withdrawal of a license was submitted by the insurer itself, then a number of certain obligations arise that he must fulfill within a six-month period:

1. Pay off all obligations to your policyholders or terminate the contract with them by decision to liquidate the insurance company.
2. Provide documents showing the absence of any debts or other obligations to anyone.
3. Transfer all accounting documentation to the licensing authorities.
4. Prepare paperwork on deregistration of the company with the tax authorities.

Procedure for licensing insurance activities

The steps you need to take to obtain a license are simple:

1. Register a legal entity or business. The statutory documents should contain information on planning to carry out insurance activities.
2. Prepare a package of documents for licensing authorities.
3. Write an application to the insurance supervision authorities about the desire to obtain a permit form.
4. In case of approval from the Federal structures, get the coveted license in your hands.

Package of documents

Licensing is carried out in relation to persons who will be tested for integrity and responsibility, and the first test for the insurer will be the collection of documentation for the insurance supervisory authorities.

The list of documents includes:

1. An application submitted to the licensing authorities.
2. Documents proving the registration of the insurer with the Federal Tax Service.
3. Charter and protocol from the meeting of the founders on the desire to obtain a license and instruct a certain person to conduct business on registration.
4. If the insurer is Joint-Stock Company, then documents about each of the persons who invested in the company will be required.
5. Information on crediting the necessary authorized capital to the account of the UK, as well as papers indicating the source of income of people who invested in the start-up budget.
6. Conclusion on the conducted audit.

What difficulties may arise

Novice businessmen who have opened an insurance agency should be prepared for the fact that they don’t issue a business license just for beautiful eyes.

The licensing process is based on the collection of a rather voluminous package of documents and the fulfillment of the conditions that the insurer must meet.

To simplify and speed up the mechanism for issuing a license as much as possible, you will need to:

1. Visit a lawyer and explain in detail what the insurer must indicate in the registration papers for the conduct of the activity for which it is aimed.
2. Find out the most detailed list of documentation that you need to prepare.
3. Make sure that at the time of filing the papers on the account of the company there is an authorized capital.
4. Prepare all information about the income of people who contributed to the starting budget.
5. Conduct an audit of the company before submitting documents for a license and eliminate the identified violations as soon as possible.

Variety

Before challenging the insurance supervision structure with the verification of documents, it is necessary to decide what type of insurance the insurer will be engaged in.

There are few varieties, only four:

1. Insurance Company.
2. reinsurance structures.
3. Mutual insurance companies.
4. Insurance Broker.

It should also be pointed out that in addition to the difference in the type of license, there is also a classification according to the validity period of the permit form. They issue either perpetual licenses or those that need to be renewed from time to time.

What requirements must the recipient meet?

To become a licensed insurance provider, certain conditions must be met prior to filing with the Federal Authorities.

Also, regular checks will be held in the UK, which means that you should not relax after receiving the coveted document. It is necessary to keep the accounting and current documentation of the company in perfect order at all times.

Authorized capital

The main requirement, without which no one will issue a license, is the crediting of authorized capital to the insurer's account in the amount approved by law.

To start an insurance company, you need to have at least 120 million rubles in your account.

If the list of services of the insurer includes life insurance, then the requirements for the authorized budget are different, its size should not be less than 240 million rubles.

It is very expensive to conduct reinsurance activities; to start business, you will need to have 480 million rubles.

There is a type of activity that does not require hundreds of millions on the account - this is the activity of concluding contracts for mandatory medical service. The authorized capital for this type of work is 60 million.

Leadership Qualification

Licensing authorities are also very picky about the management of the insurance company.

So, for example, a license will not be obtained if:

1. The CEO does not have a higher education and has not worked for at least two years in a leadership position in the insurance industry.
2. The chief accountant does not have a specialized higher education, he did not work in his specialty for five years, two years of which in the insurance business.
3. The auditor of the firm must also have a proper education and work experience of at least two years.

Also, permission to conclude insurance contracts will not be issued if it turns out that someone from the management team previously worked in firms whose license was taken away or was convicted of financial fraud.

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A license to carry out insurance activities is a document certifying the right of its owner to conduct insurance activities in the territory of the Russian Federation, subject to the conditions and requirements specified when issuing the license. It is not insurance activities in general that are licensed, but specific types of insurance in which the existence of an insurable interest is established by law. Therefore, an insurance organization that has been operating in the market for a long time, when introducing a new type of insurance, must obtain a license for its implementation.

Licenses are issued for the implementation of voluntary and mandatory personal insurance, property insurance, liability insurance, as well as reinsurance, if the subject of the insurer's activity is exclusively reinsurance. The license specifies the specific types of insurance that the insurer has the right to deal with. The concept of the type of insurance in legislative documents not clearly defined. In fact, the type of insurance is separated from others by the presence of a certain object of insurance and the insured risk and is formalized by separate Insurance Rules.

Licensing of insurance activities on the territory of the Russian Federation is regulated by the terms of licensing of insurance activities on the territory of the Russian Federation, approved by order of the Federal Service of Russia for Supervision of Insurance Activities on May 19, 1994. medical organizations implementing mandatory health insurance, approved by the Decree of the Government of the Russian Federation of March 29, 1994. The conditions for licensing other compulsory types of insurance are regulated by special documents.

Licensing of insurance activities is carried out by insurance supervision bodies. At the same time, in the Licensing Terms, in contradiction with the Law "On the Organization of Insurance Business in the Russian Federation", the concept of the type of insurance activity, and not the type of insurance, is used as the object of insurance. The type of insurance activity may include many types of insurance. The license indicates the type of insurance activity, and the annex to the license - a list of specific types of insurance with the relevant Insurance Rules.

The licensed insurance activity is understood as the activity of insurance organizations and mutual insurance companies (insurers) associated with the formation of special monetary funds (insurance reserves) necessary for forthcoming insurance payments. Activities for assessing insurance risks, determining the amount of damage, consulting, etc. does not require a license.

A license may be issued to carry out insurance activities in a certain territory declared by the insurer. As a rule, a license to carry out insurance activities does not have restrictions on the validity period, unless this is specifically stipulated when it was issued. In the event that at the time of registration of the license there is no reliable information on the risk that allows it to be assessed, the insurer is issued a temporary license.

To obtain a license, an insurance organization must fulfill the following conditions:

• - be registered on the territory of the Russian Federation;
• - have the required amount of the authorized capital paid in accordance with the current legislation;
• - fulfill certain normative ratios between the company's own funds and the amount of insurance premium planned for this type of insurance for the first year of activity;
• - comply with the restrictions on the indicator of maximum liability for a particular risk.

The licensing procedure provides for the issuance of a license to insurers previously registered as legal entities. Unlike world analogues, such a mechanism has a number of disadvantages, primarily related to the impossibility, already at the stage of registration of an insurer, to influence the composition of the founders to get acquainted with their solvency, the origin of capital, and so on.

In order to obtain a license, an insurer must have an authorized capital paid in cash in the amount of at least:

• - 25 thousand minimum wages when carrying out types of insurance other than life insurance;
• - 35 thousand minimum wages for life insurance;
• - 50 thousand minimum wages for reinsurance only.

The company's own funds must be in a certain ratio with the size of the insurance premium for this type of insurance, which are planned for the first year of its implementation. At the first application of the insurer for obtaining a license, the paid authorized capital and other own funds of the insurer must ensure the implementation of the planned types of insurance and the fulfillment of the obligations assumed by the insurer under insurance contracts and in the aggregate amount not lower than that established in the licensing conditions for a certain type of insurance activity (r):

r = (paid UK + other own funds): the amount of insurance. awards in the first year of operation

The maximum liability for an individual risk under an insurance contract cannot exceed 10% own funds insurer. If the maximum liability under the contract exceeds the specified standard, reinsurance of the excess risk should be provided.

When applying for licenses for new types of insurance activities, already operating insurance companies must meet the solvency requirements in accordance with the Regulations on the procedure for calculating by insurers the normative ratio of assets and insurance liabilities assumed by them, approved by order of the Ministry of Finance of the Russian Federation dated November 2, 2001 No.

Licensing is an important aspect of the activities of insurers in terms of determining their legal capacity. Article 49 of the Civil Code of the Russian Federation, speaking of the legal capacity of a legal entity, notes that in cases provided for by law, a legal entity can engage in a certain type of activity only on the basis of a special permit (license). Thus, the right of a legal entity to carry out a licensed activity does not arise from the moment of registration (according to general rule), but from the moment of obtaining a special permit (license).

The legislation of the Russian Federation classifies insurance activities (namely, insurance, reinsurance, mutual insurance activities) as licensed.

Licensing is regulated by Art. 32 of the Law "On the organization of insurance business in the Russian Federation", which classifies the issued licenses depending on the category of the insurer. Thus, insurance organizations are issued licenses to carry out voluntary insurance life, voluntary personal insurance, with the exception of voluntary life insurance, voluntary property insurance, the type of insurance, the implementation of which is provided for by the federal law on a specific type of compulsory insurance. Reinsurance companies are issued licenses to carry out reinsurance, and a mutual insurance company - to carry out mutual insurance in the form of voluntary insurance, and in cases provided for by law, in the form of compulsory insurance.

Licensing of the activities of insurers occurs on the basis of documents, the provision of which is necessary in accordance with paragraphs 3-8 of Art. 32. These norms contain requirements, as well as lists of documents submitted by applicants for a specific type of insurance, which are exhaustive, unless federal laws on specific types of compulsory insurance provide for additional requirements for insurers. For example, the OSAGO law establishes that only an insurer with experience in insurance operations can obtain a license. Vehicle or civil liability of their owners for at least two years.

If applicants do not comply with the requirements for paperwork established in paragraph 7 of Art. 32 of the Law “On the Organization of Insurance Business”, then the insurance supervisory authorities within three working days from the date of receipt of the documents send a notification on the elimination of violations within thirty days. Otherwise, all submitted documents are returned to the license applicant.

The period during which the insurance supervisory authority must make a decision to issue a license (or to refuse to issue a license) is thirty days. At the same time, he is obliged to notify the license applicant of the decision within five working days.

The license for the implementation of insurance detail is signed by the head of the insurance supervisory authority, certified by the official seal and must meet the requirements presented in paragraph 14 of Art. 32 of the considered law of the Russian Federation.

The decision to refuse to issue a license is made when circumstances are established under which the authorized state body is not entitled to issue licenses. The totality of these conditions can conditionally be divided into two groups: unavoidable and surmountable. In this regard, the refusal of the authorized body may be, respectively, final and suspensive.

Almost all the conditions listed in Art. 32.3 of the law "On the organization of insurance business", the applicant for a license to carry out insurance activities can overcome. In essence, the only example of an unremovable obstacle is the insolvency (bankruptcy) of an insurance entity - a legal entity through the fault of the founder of the license applicant (clause 9, clause 1, article 32.3).

This condition is insurmountable, since the law "On the organization of insurance business" imposes strict requirements for maintaining financial stability insurers, namely the presence of formed insurance reserves and own funds.

Although the federal law"On insolvency (bankruptcy)" provides for the possibility of terminating proceedings on declaring a legal entity bankrupt at almost any stage, the impossibility of carrying out insurance activities by such a person is already determined by the existence of an insolvency (bankruptcy) case initiated by the arbitration court. So, the arbitration court considers the received application for declaring the debtor bankrupt for its validity, namely, it establishes the presence of signs of bankruptcy, which are listed in paragraph 2 of Art. 3 of the Law "On Insolvency (Bankruptcy)", that is, unable to satisfy monetary claims creditors.

Other circumstances provided for by Art. 32.3 of the Law of the Russian Federation No. 4015-1, can be eliminated by a decision by the license applicant himself. These include, in particular, the following grounds:

The use of a designation that individualizes another subject of the insurance business. This requirement is due to the fact that duplication of means of individualization of legal entities in accordance with civil law is not allowed. The only exceptions are dependent and subsidiaries;

The applicant has a license to carry out activities that, in accordance with paragraphs. 1 p. 2 art. 32 are carried out by insurance companies;

Non-compliance of the documents submitted by the applicant with the requirements of the Law “On the Organization of Insurance Business” and the regulatory acts of the insurance supervision bodies adopted in accordance with it. This basis is called one of the most common, since it is implemented in several forms, namely, in the form of an incomplete set of documents, as well as the provision of documents with errors;

Non-compliance of the charter with the requirements of the insurance legislation;

The presence of false information in the documents;

Non-compliance of the head, chief accountant and a number of other officials of the insurer with the qualification and other requirements that are imposed on them by the legislation of the Russian Federation;

The presence of an unfulfilled order of the insurance supervisory authority on non-compliance with the requirements for ensuring financial stability and solvency;

The presence of an unfulfilled order of the insurance supervisory authority on the failure to provide reporting under Art. 28 of the law in question.

It should be noted that the last two circumstances apply only to those insurers who apply for the licenses specified in paragraphs two through six of paragraphs. 1 p. 2 art. 32 of Law No. 4015-1.

At the same time, despite the detailed regulation, there are many difficulties with the licenses of insurance organizations. In particular, there is a problem with the renewal of revoked licenses, which will be discussed later.

In addition, the strict nature of licensing regulation has a negative impact on the set of rights of participants in insurance legal relations, including because violations of insurance legislation and enforcement measures in the form of license revocation are often disproportionate.

Thus, a license is a necessary element of the legal capacity of insurers, but the procedure for obtaining it requires a more flexible and efficient approach.

Definition 1

A license to carry out insurance activities is a document that certifies the rights of its owner to carry out insurance activities on the territory of the Russian Federation, subject to the requirements and conditions that were stipulated when the license was issued.

It is not insurance activities in general that are licensed, but certain types of insurance in which the existence of an insurable interest is established by law. In this regard, an insurance organization that has been operating in the market for a long time, when introducing a new type of insurance, must obtain a license document for its implementation.

What types of insurance are licensed?

Licenses may be issued for the implementation of compulsory and voluntary personal insurance, liability insurance, property insurance, as well as reinsurance, if the subject of the insurer's activity is exclusively reinsurance.

The license must specify certain types of insurance that the insurer can deal with. The concept of a type of insurance is not clearly defined in the legislative documents. In fact, the type of insurance is separated from others by the existence of a certain object of insurance, as well as the insured risk, and must be drawn up by separate Insurance Rules.

Conditions for obtaining a license to carry out insurance activities

Licensing of insurance activities in the Russian territory is regulated by the conditions for licensing insurance activities in the territory of the Russian Federation, which are approved by order of the Russian Federal Service for Supervision of Insurance Activities. Licensing of activities of insurance medical companies, which are engaged in compulsory health insurance, is implemented in accordance with the Rules for Licensing the Activities of Medical Insurance Companies that carry out compulsory health insurance, which are approved by a decree of the Government of the Russian Federation. Licensing conditions for other mandatory types of insurance are regulated by specialized documents.

Licensing of insurance activities is carried out by insurance supervision bodies. Moreover, in the Licensing Conditions, in contradiction with the Law "On the organization of insurance business in Russian Federation", in the form of an object of insurance, the concept of a type of insurance activity, and not a type of insurance, is used. A type of insurance activity may contain many types of insurance. The license must indicate the type of insurance activity, and in the annex to the license - a list of certain types of insurance with the corresponding Insurance Rules .

Remark 1

Under the licensed insurance activity, it is customary to understand the activities of insurance companies and mutual insurance companies (insurers), which is associated with the formation of specialized monetary funds (insurance reserves), which are necessary for future insurance payments. Activities for risk assessment, insurance, calculation of the amount of damage, consulting, etc. does not need to obtain a license document.

A license may be issued for the implementation of insurance activities in a certain territory, which is declared by the insurer. Typically, a license to carry out insurance activities does not have restrictions on the validity period, unless this is specifically agreed upon when issuing it. In the event that at the time of registration of the license there is no reliable information on the risk that allows it to be assessed, the insurer receives a temporary license.

To be eligible for a license Insurance Company must fulfill the following conditions:

• register on the territory of the Russian Federation;
• have the required amount of the authorized capital paid in accordance with the current legislation;
• fulfill certain normative ratios between the organization's own funds and the volume of insurance premiums that are planned for this type of insurance for the first year of activity;
• comply with the limits on indicators of maximum liability for individual risks.

The licensing procedure provided for the issuance of licensing documentation to insurers that had previously registered as legal entities. Unlike the world analogues, such a mechanism has a number of shortcomings, primarily related to the impossibility, even at the stage of registration of the insurer, to influence the constituent composition, get acquainted with their solvency, the origin of capital, and the like.

In order to obtain a license, an insurer must have an authorized capital paid in cash, the amount of which is established separately for each type of insurance.

The organization's own funds should be in a specific ratio with the insurance premiums for this type of insurance, which are planned for the first year of its implementation. When the insurer first applies for a license, the paid authorized capital and other own funds of the insurer must ensure the implementation of the planned types of insurance and the fulfillment of the obligations assumed by the insurer under insurance contracts, amounting in the aggregate to an amount not less than that established in the terms of licensing for a certain type of insurance activity (r ):

r = (paid MC + other own funds) / amount of insurance premium for the first year of activity.

The maximum liability for individual risks under an insurance contract cannot exceed ten percent of the insurer's own funds. If the maximum liability under the contract exceeds the specified norm, reinsurance of excess risks should be provided.

When applying for licenses for new types of insurance activities, existing insurance organizations must meet the requirements of solvency in accordance with the Regulations on the procedure for calculating the normative ratio of assets by insurers, as well as their insurance obligations, which was approved by order of the Ministry of Finance of the Russian Federation dated 02.11.2001 No.

Licensing of insurance activities is a key requirement for the implementation and execution of insurance contracts. It should be carried out only by legal entities, since it is they who have the right to carry out these operations. Private citizens are not entitled to engage in the execution of insurance contracts.

Insurance activity is a sphere of employment, which involves the formation of a reserve for the purpose of further payments in the event of an insured event. Actions are carried out by the insurance company, organization or community. So, let's find out, is it true that insurance activities are not subject to licensing? We will also tell you about what includes licensing the activities of subjects of the insurance business (organizations) and insurance supervision.

Basic norms for licensing insurance activities

To begin with, let's find out who and on the basis of what licenses insurance activities on the territory of the Russian Federation (in Russia), and what is regulated when licensing insurance companies.

Such operations are supervised public service— Ministry of Finance of the Russian Federation (Department insurance control). The main task of this service is to comprehensively check the level of readiness of the company (legal entity) to work in the field of insurance, the creation of a fund and subsequent legal payments to affected persons. The main requirements are regulated by Decree No. 02-02/08 issued by the Russian Insurance Supervision Authority.

An insurance activity license may be issued simultaneously for all types of insurance contracts, including mandatory, liability, property, etc. Please note that the license strictly specifies all the available activities that an insurance company or organization can carry out.

Conducting consulting support, activities to establish the amount of damage, risk assessment, property valuation or other research activities in this area are not subject to compulsory licensing.

In the Russian Federation there is single list insurance companies and companies that have a state license and are controlled by federal executive bodies. In case of violation of the conditions of activity, the execution of new contracts is impossible (after the decision to limit the work of the company).

The video below will tell you what an insurance company is and how its activities are licensed:

Requirements for the applicant

There are the following requirements for the official registration of a legal entity in the status of an insurer:

• The company must on the territory of the Russian Federation;
• A legal entity must have, the amount of which is 35 times higher than the minimum level wages in the state (if life insurance activities are carried out), in other cases - more than the minimum wage;
• The sum insured under a separate agreement should not exceed 10% of the company's funds;
• All amounts of the insurance premium and its correlation with the availability cash companies should be established by law.

The primary action to obtain a license for the insurance activity of the Russian Federation is to obtain the appropriate status in the section of the insurance department of the Ministry of Finance. This process includes the following steps:

1. obtaining an individual insurer number,
2. entering it into a single register,
3. as well as obtaining the relevant certificate.

List of required documentation

A license cannot be issued without the preparation of a number of completed documentation and a written application on behalf of a legal entity. The list of documents includes:

• Received ;
• A receipt confirming the payment of the corresponding amount of the authorized capital;
• If officially the company is listed, transferred from the founders (for), then an act of acceptance and transfer should be provided;
• Compiled financial forecast (in the form of a business plan) for 3 years of the future work of the company (it is desirable to analyze in more detail the main points indicating the method of working with clients, the main sources of cash income);
• Information about the management of the insurance company or organization (includes information about the chief accountant, who must have at least three years of experience in this area);
• If there is a clause on the conduct of reinsurance (indicated in the license), an appropriate plan should be provided;
• Draw up detailed insurance conditions (for all types of insurance contracts);
• The current financial reserve of the company;
• Conditions .

About the conditions and the special procedure for licensing insurance activities in the Russian Federation (on the territory of Russia) we will not briefly, but in sufficient detail below.

This video contains an analysis of insurance companies regarding their licenses and rating:

Procedure

The legality of the work of insurance companies is regulated by legislation - the law on the regulation of insurance activities in the Russian Federation. Government body has the right to refuse legal entity in issuing a license due to inconsistencies in the information specified in the documents. Also, a refusal can be accepted due to the company's insufficient financial ability to ensure stable payment of insurance contractual obligations.

Procedure for issuing a license:

1. Collection of the above documentation;
2. Obtaining the status of the insured in the Department of the Ministry of Finance of the Russian Federation;
3. Submission of documents to the insurance supervision service along with the assigned code;