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Terms Of Business Agreement Insurance Broker
"I need a Terms of Business Agreement Insurance Broker for my newly established insurance brokerage in Johannesburg, focusing on commercial property insurance clients, with specific provisions for handling claims above R5 million and cross-border services in Southern Africa."
1. Parties: Identification of the Insurance Broker and the Client, including full legal names and registration details
2. Background: Context of the agreement, broker's licensing status, and general purpose of the arrangement
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Scope of Services: Detailed description of insurance broking services to be provided, including risk assessment, policy placement, and claims assistance
5. Broker's Obligations: Key responsibilities and duties of the broker, including FAIS Act compliance requirements
6. Client's Obligations: Client's responsibilities including information disclosure and premium payment obligations
7. Remuneration: Fee structure, commission arrangements, and payment terms
8. Risk Disclosure: Mandatory disclosures required by FAIS Act and insurance regulations
9. Confidentiality and Data Protection: POPIA compliance and confidentiality obligations
10. Duration and Termination: Term of agreement, renewal provisions, and termination conditions
11. Liability and Indemnity: Limitation of liability and indemnification provisions
12. Compliance with Laws: General compliance obligations including FICA and other regulatory requirements
13. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law
1. Premium Handling: Required if the broker handles client premiums directly, detailing trust account arrangements and premium payment procedures
2. Commercial Client Provisions: Additional terms specific to commercial clients, including more complex risk management services
3. International Services: Required for brokers dealing with international insurance placements or cross-border services
4. Electronic Communications: Specific provisions for digital communication and online services if offered
5. Sub-Broking Arrangements: Required when working with other brokers or intermediaries
6. Group Scheme Arrangements: Specific provisions for managing group insurance schemes
7. Risk Management Services: Additional risk management and consulting services if offered beyond basic broking
1. Schedule A - Fee Structure: Detailed breakdown of fees, commissions, and other charges
2. Schedule B - Service Level Agreement: Specific service standards and response times
3. Schedule C - Claims Procedures: Detailed procedures for claims handling and assistance
4. Schedule D - Information Requirements: List of required client information and documentation
5. Appendix 1 - Broker Mandate: Specific authority granted to the broker by the client
6. Appendix 2 - Regulatory Disclosures: Mandatory FAIS Act and other regulatory disclosures
7. Appendix 3 - Privacy Notice: Detailed POPIA compliance and data protection procedures
Authors
Applicable Laws
Broker Fee
Broker Services
Business Day
Claim
Client
Client Information
Commercial Client
Commission
Confidential Information
Effective Date
FAIS Act
Financial Product
FICA
Initial Period
Insurance Act
Insurer
Intermediary Services
Loss
Material Change
Personal Information
Policy
POPIA
Premium
Professional Indemnity Insurance
Retail Client
Risk Profile
Renewal Date
Schedule
Services
Sub-Broker
Term
Territory
Transaction
Underwriting
VAT
Writing
Group Scheme
Mandate
Regulatory Authority
Financial Services Provider
Professional Services
Policy Documentation
Claims Procedure
Risk Assessment
Market Value Adjustment
Disclosure Requirements
Electronic Communications
Insurance Period
Premium Payment Terms
Renewal Terms
Services
Duration
Regulatory Compliance
Broker Authority
Client Obligations
Remuneration
Premium Payment
Claims Handling
Confidentiality
Data Protection
Professional Indemnity
Risk Disclosure
Liability
Indemnification
Force Majeure
Termination
Assignment
Subcontracting
Notices
Variation
Entire Agreement
Severability
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Anti-Money Laundering
Record Keeping
Electronic Communications
Consumer Protection
Insurance Placement
Commission Disclosure
Conflict of Interest
Service Level
Risk Management
Document Retention
Intellectual Property
Non-Solicitation
Compliance with Laws
Premium Handling
Information Accuracy
Third Party Rights
Financial Services
Insurance
Risk Management
Corporate Services
Retail
Manufacturing
Construction
Healthcare
Agriculture
Mining
Transportation
Real Estate
Professional Services
Technology
Energy
Legal
Compliance
Risk Management
Operations
Claims
Client Services
Business Development
Finance
Regulatory Affairs
Corporate Governance
Administration
Documentation
Insurance Broker
Compliance Officer
Risk Manager
Legal Counsel
Insurance Manager
Financial Director
Chief Risk Officer
Operations Manager
Claims Manager
Business Development Manager
Client Relationship Manager
Regulatory Affairs Manager
Contract Manager
Company Secretary
Chief Executive Officer
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