IRDA Update: Draft Guidelines on Web Aggregators

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1 IRDA Update: Draft Guidelines n Web Aggregatrs 17 March 2011 By way f an update, the IRDA has issued draft guidelines n web aggregatrs n 16 th March Cmments have been invited by 31 st March A cpy f the draft guidelines is attached and a summary f the key features is belw fr yur reference: Definitin: Web Aggregatr has been defined as, a Cmpany registered under Cmpanies Act, 1956 (1 f 1956), apprved by the Authrity under these guidelines, in whse behalf a web site ffers infrmatin pertaining t insurance prducts and / r price cmparisns f prducts f different Insurers. T perate as a Web Aggregatr, prir apprval must be btained frm the IRDA. Eligibility criteria fr apprval f the Web Aggregatr: It shall be a cmpany frmed and registered under the Cmpanies Act It shall nt be in the businesses f extending lans and advances, accepting depsits r trading in securities n its wn accunt r n the accunts f the custmers. One f the bjects f the cmpany in its Memrandum f Assciatin shall be the display f infrmatin pertaining t insurance prducts and price cmparisns f prducts f different Insurers n the website wned by the cmpany. It shall have a minimum net wrth f nt less than Rs.5,000,000 at any time during the previus three cnsecutive years. It shall nt be licensed r registered as an insurance agent, crprate agent, micr insurance agent, TPA r an Insurance Brker r have a referral arrangement with an Insurer. Frm f Agreement: The Insurer/Brker shall enter int an agreement with apprved Web Aggregatrs which shall necessarily include details such as (a) Fee/Remuneratin fr the leads t be shared; (b) time frame and mde f transmissin f the leads; (c) the nus f cmplying with regulatry and ther legal requirements shall be n bth the parties t the agreement; (d) identificatin f the data elements t be shared (including the name f prspect/client (visitr f the web site) and cntact details). The agreement shall be fr a perid f 3 years and shall agreement must be filed with the IRDA within 15 days frm the date f the agreement.

2 Display f infrmatin and Price cmparisns n the web site: Premium rates and Key Features f the insurance prducts f all the Insurers fr each class f insurance business shuld be displayed n the website alng with up t date price cmparisns. The price cmparisns displayed shall be up t date and reflect a true picture f the prducts. Transmissin f leads t be shared: The Web Aggregatr shall transmit the data f a client t the Insurer/s preferred by the client. Fr thse clients that d nt prefer any Insurer, the web aggregatr shall nt transmit the lead t mre than 5 Insurers in the same class f insurance business OR t mre than ne brker. The Web Aggregatr is required t maintain a generally accepted security prcedures, transmit the data within 5 days f the clients visit t the website, and it shall nt transmit any leads ther than thse pertaining t prspects / clients visiting their site. Remuneratin t the Web Aggregatr: Remuneratin shall be payable t web aggregatrs, by Insurers r brkers, nly twards such leads that result in the sale f a plicy. Such remuneratin shall nt exceed 25% f the cmmissin payable n the first year premium sld n the basis f the lead btained frm the web aggregatr r 25% f the brkerage receivable by the brker n first year premium (as applicable). The fees r remuneratin t be paid shall frm part f and be within the verall limits n the cmmissin and expenses as prvided under the Act and the relevant rules, regulatins and guidelines made thereunder. N fees r remuneratin, by whatever name called, shall be paid by the Insurer t a web aggregatr in respect f the plicies that are sld withut relying upn the data shared by it. Obligatins f Web Aggregatrs: It shall display n its website the particulars f validity f apprval frm the IRDA. State clearly and unequivcally n its website that insurance is the subject matter f slicitatin. It shall at n pint f time have net wrth belw Rs.5,000,000. It shall maintain the recrds and the reprts f its activities under the agreement with insurer / brker, in the manner specified in its agreement with the insurer. Cmply with all the prvisins f the Insurance Act 1938, the IRDA Act 1999, the rules and regulatins framed thereunder and such ther directins issued by the IRDA frm time t time.

3 Obligatins f Insurers / Brkers: It shall nt pay any fees r remuneratin in cntraventin f the Guidelines. It shall nt pay any fees r remuneratin, n any renewal premium/ plicy payable frm the secnd year and the subsequent years. It shall nt pay the web aggregatr fees r remuneratin, fr the csts incidental t the web aggregatr s activities including maintenance f the data base, infrastructure, training, entertainment, develpment, cmmunicatin, advertisements, sales prmtin etc. It shall nt pay any fee r remuneratin t a website that has nt been apprved by the IRDA. Onus f cmplying with regulatry and ther legal requirements is n the Insurer / Brker. N advance payments shall be made in respect f any lead, t any web aggregatr. N payments shall be made fr lead generatin after terminatin f agreement, expiry f the IRDA s validity, with web aggregatr. It shall maintain recrds f leads / data btained frm each web aggregatr, the details f the plicies sld ut f the leads / data thus btained and the infrmatin regarding the payments. Fr further infrmatin n this tpic please cntact Tuli & C Tel , fax r lawyers@tuli.biz

4 Expsure Draft n Guidelines n Web Aggregatrs 1. Definitins: 1. Act means the Insurance Act, 1938 (4 f 1938). 2. Agreement fr the purpse f these guidelines means an agreement entered int between a web aggregatr and an Insurer r an agreement entered int between a web aggregatr and Insurance Brker. 3. Authrity means the Insurance Regulatry and Develpment Authrity established under the prvisins f Sectin 3 f the Insurance Regulatry and Develpment Authrity Act, 1999 (41 f 1999). 4. Insurance Brker as defined in Regulatin 2 (i) f IRDA (Insurance Brkers) Regulatins, Insurer as defined in Sectin 2 (9) f Insurance Act, Web Aggregatr Fr the purpse f these guidelines, a web aggregatr is a Cmpany registered under Cmpanies Act, 1956 (1 f 1956), apprved by the Authrity under these guidelines, in whse behalf a web site ffers infrmatin pertaining t insurance prducts and / r price cmparisns f prducts f different Insurers. 7. All wrds and expressins used and nt defined in these Guidelines but defined in the Insurance Act, 1938 (4 f 1938), the Insurance Regulatry and Develpment Authrity Act, 1999 (41 f 199) r in any f the Regulatins / Guidelines made thereunder shall have the meanings respectively assigned t them in thse Acts r Regulatins / Guidelines. 2. Applicatin seeking grant f apprval The applicatin seeking grant f apprval f the web aggregatr shall be made by the web aggregatr t the Authrity, accmpanied by a fee f rupees ten thusand paid by way f a bank draft in favur f Insurance Regulatry and Develpment Authrity payable at Hyderabad and cntaining such infrmatin as specified in Frm-A. 3. Applicatin t cnfrm t the requirements: 1. An applicatin which is nt cmplete in all respects shall be liable t be rejected. Prvided that, befre rejecting any such applicatin, the applicant shall be given

5 an pprtunity t cmplete such frmalities within a perid f thirty days frm the date f receipt f cmmunicatin frm the Authrity. 2. The Authrity may require the web aggregatr t furnish such further infrmatin r clarificatin as may be required by it. 4. Eligibility criteria fr apprval f the Web Aggregatr: 1. Fr the grant f apprval f the web aggregatr, the web aggregatr shall ensure the fulfillment f the cnditins including but nt limited t the fllwing: a. The web aggregatr is a cmpany frmed and registered under the Cmpanies Act, 1956 (1 f 1956). b. The web aggregatr is nt in any f the businesses f extending lans and advances, accepting depsits, trading in securities n its wn accunt r n the accunts f the custmers. c. The Memrandum f Assciatin f the web aggregatr shall have as ne f the bjects display f infrmatin pertaining t insurance prducts and price cmparisns f prducts f different Insurers n the website wned by the cmpany. d. The web aggregatr shall have a minimum net wrth f nt less than rupees fifty lakhs at any time during the previus three cnsecutive years. e. The web aggregatr des nt have a referral arrangement with an Insurer. f. The web aggregatr shall nt be licensed / registered as an insurance agent, crprate agent, micr insurance agent, TPA r an Insurance Brker under the relevant Regulatins framed by the Authrity. Prvided that a Brker s web site that ffers infrmatin pertaining t insurance prducts and price cmparisns f prducts f different Insurers is gverned by the IRDA (Insurance Brkers) Regulatins, While cnsidering the applicatin, the Authrity may, if it s desires, verify the infrmatin furnished by the applicant including the supprting dcuments and als inspect the premises and infrastructure f the web aggregatr. 3. The Authrity may, after cnsidering the applicatin with reference t the matters specified in these guidelines, grant apprval t the web aggregatr which shall be valid fr a perid f three years frm the date f grant f such apprval. 5. Prcedure where apprval is nt granted

6 1. The Authrity may reject the applicatin made by the web aggregatr t the Authrity seeking grant f apprval, if it des nt satisfy the eligibility criteria laid dwn in clause 4 f these guidelines r if the grant f such apprval is nt fund t be in public interest. 2. The decisin f the Authrity alng with the reasns t be recrded in writing shall be cmmunicated t the applicant within a perid f furteen days frm the date f the decisin. 6. Agreement with web aggregatr 1. Insurer/Brker shall enter int an agreement with the web aggregatr apprved by the authrity which shall necessarily include details relating t, thugh nt limited t, the fllwing: a. Fee/Remuneratin fr the leads t be shared b. Time-frame and mde f transmissin f leads t be shared c. Onus f cmplying with regulatry and ther legal requirements n bth the parties t the agreement d. Identifying the different data elements t be shared (viz., name f prspect / client (visitr f the web site), cntact details) 2. The agreement shall be valid fr a perid f three years frm the date f grant f apprval by the Authrity. 3. The web aggregatr shall file the agreement t the Authrity within fifteen days frm the date f agreement. 7. Display f infrmatin and Price cmparisns n the web site 1. Web aggregatr shall display n the web site the premium rates and Key Features f the insurance prducts f all the Insurers fr each class f insurance business. 2. The price cmparisns that are displayed shall be upt date and reflect a true picture f the prducts. 8. Transmissin f leads t be shared 1. Web aggregatr shall transmit the data f a client t the Insurer(s) preferred by the client. Prvided that, if the client evinces interest in buying insurance but des nt prefer any Insurer, web aggregatr shall nt transmit the lead t mre than five Insurers in the same class f insurance business.

7 Prvided further that if the client evinces interest in buying insurance but des nt prefer any Insurer, web aggregatr may transmit the lead t nt mre than ne Brker. Prvided further that n same lead shall be shared t bth Insurer/s and Brker by the web aggregatr. 2. Web aggregatr shall transmit the data f clients t Insurer/Brker: (a) within five days f the client s visit t the web site. (b) reasnably secured frm unauthrized access and misuse; (b) with a reasnable level f suitability, reliability and crrectness; (d) in cmpliance with generally accepted security prcedures; 3. Web aggregatr shall nt transmit any leads ther than thse pertaining t prspects / clients visiting their site. 9. Remuneratin 1. Remuneratin shall be payable t web aggregatrs, by insurers r brkers, nly twards such leads that result in the sale f a plicy. 2. An Insurer shall pay, such fee r remuneratin, by whatever name called, t the web aggregatr fr such lead which shall nt exceed twenty five percent f the cmmissin payable n the first year premium sld n the basis f the lead btained frm the web aggregatr. The fees r remuneratin t be paid shall frm part f and be within the verall limits n the cmmissin and expenses as prvided under the Act and the relevant rules, regulatins and guidelines made thereunder. Hwever, n fees r remuneratin, by whatever name called, shall be paid by the Insurer t a web aggregatr in respect f the plicies that are sld withut relying upn the data shared by it. 3. A Brker shall pay, such fee r remuneratin, by whatever name called, t the web aggregatr fr such lead which shall nt exceed twenty five percent f the Brkerage receivable n the first year premium sld n the basis f the lead btained frm the web aggregatr. Hwever, n fees r remuneratin, by whatever name called, shall be paid by the Brker t a web aggregatr in respect f the plicies that are sld withut relying upn the data shared by it. 10. Obligatins f web aggregatrs 1. Web aggregatr shall display the particulars f validity f apprval btained frm the Authrity n its web site. 2. Web aggregatr shall state clearly and unequivcally that insurance is the subject matter f slicitatin.

8 3. At n pint f time f its functining, a web aggregatr shall have net wrth belw rupees fifty lakhs. 4. At n pint f time f its functining, a web aggregatr shall have referral arrangement with any Insurer. 5. Web aggregatr shall maintain the recrds and the reprts f its activities under the agreement with insurer / brker, in the manner specified in the agreement entered int between the insurer / brker and the web aggregatr. 6. Web aggregatr shall alng with its emplyees (whatever their designatin may be) cmply with all the prvisins f the Act, the IRDA Act, 1999, the rules and regulatins framed thereunder and such ther directins issued by the Authrity frm time t time. 11. Obligatins f Insurers / Brkers 1. An Insurer / Brker shall nt pay any fees r remuneratin, by whatever name called, fr such leads cnverted int sales mre than what is prescribed in Clause 9 f these Guidelines. 2. An Insurer / Brker shall nt pay any fees r remuneratin, by whatever name called, n any type f renewal premium / plicy payable frm the secnd year and the subsequent years. 3. An Insurer / Brker shall nt pay the web aggregatr fees r remuneratin, by whatever name called, twards the csts incidental t the web aggregatr s activities including maintenance f the data base, infrastructure, training, entertainment, develpment, cmmunicatin, advertisements, sales prmtin etc. 4. An Insurer / Brker shall nt pay any fee r remuneratin, by whatever name called, t any website nt apprved by the Authrity under these guidelines that is engaged in web aggregatin r price cmparisn. 5. Onus f cmplying with regulatry and ther legal requirements in dealing with the web aggregatrs by the Authrity is n the Insurer / Brker. 6. An Insurer / brker shall nt in respect f any lead, by whatever name called, make any payment in advance t any web aggregatr. 7. An insurer / brker shall nt pay any remuneratin twards lead generatin after terminatin f agreement with web aggregatr.

9 8. An insurer / brker shall nt pay any remuneratin twards lead generatin after the validity f apprval given by the Authrity t the web aggregatr. 9. An Insurer / Brker shall maintain recrds f leads / data btained frm each web aggregatr, the details f the plicies sld ut f the leads / data thus btained and the infrmatin regarding the payments made in Frm B. 10. An Insurer / Brker shall submit t the Authrity, the recrds referred t in Clause 11 (9) abve and the reprts, if any, f its activities as relevant fr the purpse f these Guidelines, whenever called upn t d s. 12. Actin against the web aggregatr The Authrity may cancel the apprval granted t a web aggregatr r take any ther actin as deemed apprpriate under the Act, in case the web aggregatr fails t exercise due diligence r cmply with any f the bligatins under these Guidelines r act cntrary t the prvisins f the Act, Insurance Regulatry and Develpment Authrity Act, 1999, the rules and regulatins framed thereunder and such ther directins as issued by the Authrity frm time t time. Prvided that n such actin shall be initiated by the Authrity and rder passed thereafter withut giving an pprtunity f hearing t the web aggregatr. 13. Actin against the Insurer / Brker 1. An Insurer / Brker that fails t furnish any infrmatin r furnishes wrng infrmatin t the Authrity relating t the agreement with web aggregatr, and/r; 2. An Insurer / Brker that fails t cmply with any f the bligatins specified under these guidelines and such ther directins issued by the Authrity frm time t time shall be liable fr any actins as prvided fr under the prvisins f the Act, the Insurance Regulatry and Develpment Act, 1999 (41 f 1999) and the relevant Regulatins made thereunder. Prvided that n such actin shall be initiated by the Authrity and rder passed thereafter withut giving an pprtunity f hearing t the Insurer / Brker. 14. Pwer f Authrity t Inspect: 1. The Authrity may appint ne r mre f its fficers as an inspecting authrity t undertake inspectin f the premises f the web aggregatr t ascertain and see hw activities are carried n, and als t inspect the bks f accunt, recrds,

10 and dcuments f the web aggregatr fr any f the purpses specified in the sub-clause 2 f clause The purpses referred t in sub-clause 1 f clause 14 are as fllws: a) t ensure that the prvisins f the Act, rules and regulatins are being cmplied with b) t investigate int the affairs f the web aggregatr su mt in the interest f prper develpment f insurance business r in plicyhlder s interest. 15. Pwer f the Authrity t issue clarificatins: In rder t remve any difficulties in respect f the applicatin r interpretatin f any f the prvisins f these Guidelines, the Authrity may issue apprpriate clarificatins.

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