Binding Authority Agreement Template for New Zealand

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Key Requirements PROMPT example:

Binding Authority Agreement

"I need a Binding Authority Agreement for a New Zealand property insurance coverholder with authority to bind risks up to NZD 5 million per risk, including claims handling authority, scheduled to commence from March 1, 2025."

Document background
The Binding Authority Agreement is a crucial document in the insurance industry that establishes a formal delegation of underwriting authority from an insurer to a coverholder or managing general agent. Under New Zealand law, particularly considering the Insurance (Prudential Supervision) Act 2010 and Financial Markets Conduct Act 2013, this agreement must carefully outline the parameters of delegated authority, compliance requirements, and operational procedures. The document is used when an insurer wishes to expand its distribution channels or specialized market access while maintaining control through specific underwriting guidelines and reporting requirements. It includes comprehensive details about policy issuance authority, premium handling, claims management (if applicable), and regulatory compliance obligations specific to the New Zealand insurance market.
Suggested Sections

1. Parties: Identifies the insurer delegating authority and the coverholder receiving it

2. Background: Explains the context of the agreement and the intention to delegate underwriting authority

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details the formal appointment and the scope of authority granted

5. Duration: Specifies the term of the agreement and renewal provisions

6. Territorial Limits: Defines the geographical areas where the authority can be exercised

7. Regulatory Compliance: Sets out compliance requirements with relevant laws and regulations

8. Duties and Responsibilities: Details the obligations of the coverholder in exercising the authority

9. Underwriting Guidelines: Specifies the parameters within which the coverholder must operate

10. Premium and Commission: Details the premium handling and commission structure

11. Reporting Requirements: Specifies regular reporting obligations and formats

12. Records and Audit: Details record-keeping requirements and audit rights

13. Data Protection: Addresses handling of personal and sensitive information

14. Termination: Sets out circumstances and procedures for termination

15. Post-Termination Obligations: Specifies obligations that survive termination

16. General Provisions: Contains standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Sub-Delegation: Required when the coverholder is permitted to delegate authority to other parties

2. Claims Handling Authority: Include when the coverholder is given authority to handle claims

3. IT Systems and Security: Required when specific systems or security protocols are mandated

4. Profit Commission: Include when profit sharing arrangements are part of the agreement

5. Marketing and Branding: Required when the coverholder has permission to use the insurer's branding

6. Staff Requirements: Include when specific staffing levels or qualifications are required

7. Business Continuity: Required for high-volume or critical business relationships

8. Sanctions: Required when dealing with international business or high-risk territories

Suggested Schedules

1. Schedule A - Classes of Business: Details the specific classes of insurance business covered

2. Schedule B - Underwriting Guidelines: Detailed guidelines including limits, exclusions, and rating factors

3. Schedule C - Commission Structure: Detailed breakdown of commission rates and payment terms

4. Schedule D - Reporting Templates: Templates for required regular reports

5. Schedule E - Service Levels: Specific performance metrics and service standards

6. Schedule F - Claims Handling Procedures: Detailed procedures for claims handling if applicable

7. Appendix 1 - Policy Wording: Standard policy wordings to be used

8. Appendix 2 - Systems Access and Security: Technical specifications for systems access and security protocols

9. Appendix 3 - Contact Details: Key contacts at both insurer and coverholder

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Insurance

Financial Services

Risk Management

Insurance Broking

Reinsurance

Professional Services

Marine Insurance

Property Insurance

Liability Insurance

Commercial Insurance

Relevant Teams

Legal

Compliance

Underwriting

Risk Management

Operations

Claims

Business Development

Product Development

Regulatory Affairs

Finance

Audit

Partnership Management

Relevant Roles

Chief Underwriting Officer

Head of Delegated Authorities

Compliance Manager

Legal Counsel

Risk Manager

Operations Director

Managing Director

Underwriting Manager

Claims Manager

Business Development Manager

Partnership Manager

Chief Risk Officer

Regulatory Compliance Officer

Insurance Operations Manager

Portfolio Manager

Product Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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