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g a z e t t e

a p r i l 1991

(b)

Effect

The e f f ect of the Bond,

however, must be such that in

the event of the broker or

agent being unable to meet his

financial obligations in respect

of monies received by him

from or on behalf of his clients,

the bond will provide a sum of

money to become available to

a person nominated or ap-

proved of by the Minister and

be applied by such person for

the benefit of any client who

has su f f e r ed a loss in

consequence.

(c)

Amount

Generally, insurance brokers

and agents are required to take

out an insurance bond to the

value, in the case of non-life

insurance

business,

of

£25,000 and in the case of life

assurance business to the

value of the greater of

£25,000 and 25% of the

brokers or agents life assur-

ance turnover in the previous

accounting year. It should be

noted that the Minister has

power to alter the figures of

£25,000 and 25% turnover

and to distinguish in that

regard between brokers and

agents.

For the purpose of these bonding

requirements which are largely

based on the bonding requirements

which have applied for some time

to travel agents, the expression

" t u r nove r" has been given a

somewhat unusual meaning. It

does not relate to turnover of the

broker or agent in the normal

accounting sense and, in fact, it

excludes therefrom his commission

and service charges entirely. The

definition relates instead to the

aggregate amount of " c l i ent

monies" which in any year an

insurance broker or agent is

required to pay into separate bank

accounts under Section 48 of the

Act.

Client Accounts

The maintenance of separate client

accounts is required by Section 48

of the Act. This applies to brokers

and agents alike and requires them

to maintain two separate bank

accounts.

The first bank account relates to

non-life premiums and monies

payable to policy holders under

non-life contracts.

The second account to be main-

tained is an account in connection

with premiums payable in respect

of life insurance and monies pay-

able by policy holders in respect of

life policies.

An insurance intermediary,

whether a broker or agent, is bound

to pay all monies other than com-

mission payments and service

charges which he receives in

connection with life business or

non-life business into the relevant

"The maintenance of separate

client accounts is required by

Section 48 of the Act. This

applies to brokers and agents

alike."

bank account maintained by him.

Such accounts are effectively client

account but are designated under

the Act as "Section 48 - Non-

Life Insurance A c c o u n t" and

"Section 48 - Life Assurance

Accounts" respectively. Both these

accounts must be maintained

even where only one class of

insurance business is carried on

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Insurance Premium Payment Plan

You benefit from professional indemnity over a full year so why pay in one lump sum? Irish Life Finance offers solicitors the

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Other professional services available from Irish Life Finance

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Please contact Mark MacMahon or

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for additional information

ii Irish Life

F i n a n c e

127