Coverholders & Managing General Agents
We can advise on a full range of issues that impact on insurance distribution business models. We advise on the key business and regulatory issues arising from your obligations to your carriers and the need to control your agency base of brokers and/or Appointed Representatives producing business in to you.
Hot topics on this list are:
- Binding Authority and or facility arrangements: we have considerable experience in drafting and negotiation of these arrangements, of the operational issues arising, such as MI routines and Loss Ratio calculation and audit rights.
- Delegated Claims Management Authority
- Terms of Business Agreements with intermediaries/ brokers producing business to you
- Appointed Representative Agreements
- Introducer Only Appointed Representative Agreement
- Delegated Claims Handling Agreements
- Loss Adjuster appointments
- White Labelled Schemes/ Products: we can prepare scheme documentation and prepare and/or advise on the delegated authority agreements for these products.
- Regulatory Permissions: have your existing permissions kept pace with the changes in your product suite and your distribution channels, or do you need to apply for new or extended permissions?
- Threshold Conditions: are you continuing to meet them as your business develops and changes?
- Client Money/ Risk Transfer issues:
- Terms of grant, and ability to cascade to business producers
- Banking arrangement compliance
- Accuracy of regulatory reporting
- Are you happy that you can recover premium if one of your producers becomes insolvent?
- Are you happy that your Appointed Representatives are handling premium in a compliant fashion?
- Principles for Businesses, Senior Management Systems and Controls and Approved Persons Responsibilities: as you will be aware since general insurance was first included in the regulator's remit in 2005 a firm's individual leaders have a very personal responsibility for the compliance success and/or failure of the firms they lead. This area is governed by the FCA and/or the PRA. We can assist you in reviewing your arrangements, whether in general or in relation to a particular issue to assess how well your firm is meeting the standards required and what, if any, remedial work might be advisable.
- Outsourcing Arrangements: covering the commercial issues, and demonstrating compliance with the standards required by the Senior Management Systems and Controls Sourcebook.
Commercial and Corporate legal work
- Online Trading: are your agreements ‘fit for online purpose’ and are your Anti-Money Laundering checks effective in the context of on-line distribution?
- Books of business: buying, selling and transferring books of business involve potentially long tail and or unforeseen liabilities and also can involve tax and employment law consequences under TUPE. And let’s not forget the client and insurer money consequences and the very strict rules around moving the money to follow the business, something a number of firms have been taken to task over in recent years.
- Corporate and commercial transactions: for regulated firms like yours, even the agreements that companies in other sectors can treat as routine commercial or corporate matters have to stand the test of regulatory scrutiny and sometimes pre approval. Due to our considerable hands on experience in these areas we design these agreements to suit your business and its regulatory needs.
FREE initial enquiry
To discuss your legal needs, please call Marie Huntley on 020 3609 8764.
Simply outline the situation you're facing, and we'll tell you how we can help and what it will cost.
There's NO CHARGE for the initial conversation. That's right. It's completely free. Zilch. Nada.
By the way, our fees are often fixed or capped to help you budget, and we send invoices monthly so you can spread the cost.