Can a member act as an Insurance Agent and
arrange business for Insurance Company?
No. Members are permitted to render Insurance
Financial Advisory services. It is not permissible to the members to do any
kind of marketing and business procurement for any insurance company. There
services should remain limited to professional services in the form of advisory
and consultancy services.
Sub: Clarification
regarding Inclusion of "Insurance Financial Advisory Services under the
Insurance Regulatory & Development Authority Act, 1999, including Insurance
Brokerage" in the definition of "Management Consultancy & Other
Services"
The attention of the members is drawn to the Announcement published in the January 2005 issue of the Journal at page 935 as well as hosted in the website regarding inclusion of "Insurance Financial Advisory Services under the Insurance Regulatory & Development Authority Act, 1999, including Insurance Brokerage" in the definition of "Management Consultancy and Other Services" as appearing at pages 8-10 of Code of Ethics, January 2001 edition.
In this
regard, it may be clarified that as per the decision of the Council, a member
is permitted to render Insurance Financial Advisory Services as prescribed
under "The Insurance Regulatory and Development Authority (Insurance
Brokers) Regulations, 2002" only in Corporate form. Further, the members
are required to comply with the conditions prescribed by the Insurance
Regulatory & Development Authority and the conditions to be prescribed by
The Institute of Chartered Accountants of India.
It may
also be clarified that the members are not permitted to do any work relating to
insurance agency as prescribed under "Insurance Regulatory and Development
Authority (Licencing of Insurance Agents) Regulations, 2000" and
"Insurance Regulatory and Development Authority (Licencing of Corporate
Agents) Regulations, 2002", either individually or in
partnership/proprietorship form or in corporate form.
The
existing position regarding allowing members generally to hold life insurance
agency licence for limited purpose of getting renewal commission, still hold
good as provided in the Appendix (9) to the Chartered Accountants Regulations,
1988 (2002 edition).
By holding insurance
agency the member can be held guilty under following schedules:-
Part I Clause 6
|
solicits clients or professional
work either directly or indirectly by circular, advertisement, personal communication
or interview or by any other means;
|
Part I Clause 7
|
advertises his professional
attainments or services, or uses any designation or expressions other
than chartered accountant on professional documents, visiting cards, letter
heads or sign boards, unless it be a degree of a University established by
law in India or recognised by the Central Government
|
Part I Clause 11
|
engages in any business
or occupation other than the profession of chartered accountants unless
permitted by the Council so to engage:
|
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