Insurance Agent Agreement Template for Switzerland

The Insurance Agent Agreement is a critical document used to formalize the relationship between insurance companies and their agents in Switzerland. It is designed to comply with Swiss regulatory requirements, particularly the Insurance Supervision Act (ISA/VAG) and the Swiss Code of Obligations. This agreement is essential when an insurance company wishes to appoint an agent to sell and distribute its insurance products in Switzerland. The document covers crucial aspects such as regulatory compliance, agent duties, compensation structures, and data protection requirements. It includes specific provisions required by Swiss law regarding insurance intermediary activities, professional qualifications, and registration requirements. The agreement is particularly important given Switzerland's strict regulatory framework for insurance activities and the need to ensure proper oversight of insurance distribution channels.

1. Parties: Identification of the Insurance Company and the Agent, including registration numbers and regulatory status

2. Background: Context of the agreement, including the insurance company's authorization to conduct insurance business in Switzerland and the agent's qualifications

3. Definitions: Key terms used throughout the agreement, including regulatory terms from Swiss insurance law

4. Appointment and Scope: Terms of agent appointment, territory, and authorized insurance products

5. Regulatory Compliance: Agent's obligations under Swiss insurance regulations, including registration and ongoing compliance requirements

6. Agent's Duties and Responsibilities: Detailed obligations including client advisory duties, documentation requirements, and reporting obligations

7. Company's Duties and Responsibilities: Support, training, and materials to be provided by the insurance company

8. Compensation: Commission structure, payment terms, and conditions for commission adjustments or clawbacks

9. Confidentiality and Data Protection: Obligations under Swiss data protection law and handling of confidential information

10. Intellectual Property: Usage rights for company trademarks, materials, and systems

11. Professional Indemnity: Insurance requirements and liability provisions

12. Term and Termination: Duration, renewal, and termination provisions in accordance with Swiss law

13. Post-Termination Obligations: Handling of documentation, client information, and ongoing service requirements

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction