Law Summary
Licensing Requirements and Limitations
- No insurance company or agent may pay commissions to any person for insurance services without that person first securing a license from the Insurance Commissioner.
- Acting as an insurance agent or general agent without a license is prohibited.
- Licenses are granted upon qualification through application and payment of fees, valid until June 30 next year and renewable annually.
- Licenses issued to entities only authorize the named individuals; unauthorized exercise causes license revocation or suspension.
- Licensed persons must secure or place with the company at least an equal amount of outside business corresponding to their own insurance interests.
- Limits on licenses: one life insurance company, one general agent for non-life, and agent for up to seven other non-life companies.
- Agents or general agents cannot cross-license as insurance brokers in the same insurance kind.
- General agents must have been licensed and active as ordinary agents for at least one year.
- Certain company employees and adjusters are barred from licensing as agents or general agents.
Qualifications
- Applicants must be Philippine residents, trustworthy, and pass the written examination unless exempted.
- Entities must be domiciled in the Philippines and authorized to transact the business kind applied for.
- Individuals named in entity licenses must meet applicant qualifications.
Examination
- Written examinations are required unless exempted; passing grade is 70%.
- Exemptions include previous licensure within 10 years, completion of specified training, or prior company connections demonstrating competence.
- Examinations are scheduled by the Insurance Commissioner; fees apply.
Application for License
- Applications must be on prescribed forms and include tax returns for renewals.
- Agent license applications must include agency agreement limiting solicitation power.
- General agent applications require a general agency agreement and power of attorney.
- Certification of active engagement and income from commissions is required for renewals.
- Special licenses may be issued to service existing policies if the agent is inactive but has renewal commissions.
- Lapsed licenses due to inactivity may be reissued if the applicant undergoes required training.
Denial, Suspension, and Revocation
- Grounds include violation of laws or regulations, fraud, dishonesty, incompetence, insolvency, failure to pass exams, and inactivity.
- Inactivity defined as earning less than 3,600 pesos commission per year.
- License revocation also occurs upon termination of agency contracts with required notification to the Commissioner.
Fees
- Issuance or renewal fee: 100 pesos for insurance agents, 200 pesos for general agents.
- Additional fees apply for multiple individuals named in entity licenses.
Effectivity
- This circular amends previous circular No. 2-86 and took effect upon approval on June 28, 1993.