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Section
2
Insurance Agent, Broker and Loss
Adjuster |
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| Article
: 74 |
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Each insurance
company shall specify the scope of liability
and functioning as well as other conditions
of the insurance agent for operating
the insurance business in accordance
with the lawful agreement. |
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| Article
: 75 |
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A legal
entity or natural person who intends
to operate the insurance business as
an insurance agent or broker or loss
adjuster the Kingdom of Cambodia shall
submit the application form with attached
documents required by and to the Ministry
of Economy and Finance for the business
license, and shall be apply for commercial
registration under the laws. |
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| Article
: 76 |
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All insurance agents and brokers
and loss adjuster cannot operate the
insurance business in the Kingdom
of Cambodia without a license granted
by the Ministry of Economy and Finance.
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| Article
: 77 |
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A license to be grated to the insurance
agent and loss adjuster shall be valid
for three (3) years from the date
of issuance. These licenses are not
alienable for any reason.
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| Article
: 78 |
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A license grated to the insurance
broker shall be valid for one(1) year
from the date of issuance. This license
is not alienable for any reason.
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| Article
: 79 |
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Within one month at the latest prior
to the invalidity of the license,
the insurance agent and broker and
loss adjuster shall submit an application
for license renewal to the Ministry
of Economy and Finance. During this
period, the concerned company still
has rights to operate its usual business
up to the date of receiving a new
license or a notice of rejection with
or without condition from the Ministry
of Economy and Finance following a
comprehensive study of the application
form for the license renewal.
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| Article
: 80 |
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In case of documents falsification
or providing false information pertaining
to the application for the first license
or the license renewal, the Ministry
of Economy and Finance has the rights
to refuse the consideration, suspend
activities and/or finally revoke the
license and may sue the Court according
to de facto mistakes against the concerned
company that is the applicant.
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| Article
: 81 |
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Fees for the first license issuance
and license renewal to be paid by
the insurance agent and broker and
loss adjuster shall be determined
by a Prakas of the Ministry of Economy
and Finance.
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| Article
: 82 |
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A legal entity or natural person
that obtained a license to act as
an insurance agent on behalf of an
insurance company or more shall give
a notice of its business operation
to the Ministry of Economy and Finance.
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| Article
: 83 |
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Any loss or damage to the insured
caused by misconduct of the insurance
broker, the latter shall bear liability
to settle a claim according to the
actual damage.
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| Article
: 84 |
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The insurance agent and broker and
loss adjuster that acquired the license
the license shall set up its office
in the Kingdom of Cambodia with its
office address clearly specified in
the grand license if it needs to change
the office address in Kingdom of Cambodia,
a letter in writing on this purpose
shall be delivered to the Ministry
of Economy and Finance within one
(1) month prior to the change.
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| Article
: 85 |
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The insurance agent and loss adjuster
that acquired the license shall put
a deposit equivalent to US$ 10,000
(ten thousand US dollars) at the National
Treasury of the Kingdom of Cambodia.
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| Article
: 86 |
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All insurance brokers that have obtained
the license shall make a deposit equivalent
to US$ 50,000(fifty thousand US dollars)
at the National Treasury of the Kingdom
of Cambodia.
In addition, the insurance broker
prior to the commencement of its business
shall have a professional liability
insurance with an sum insured equivalent
to US$500,000 (five hundred thousand
US dollars) evidenced by a copied
insurance certificate to be sent to
the Ministry of Economy and Finance.
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| Article
: 87 |
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The insurance agent, broker and loss
adjuster shall make a clear accounting
rule with a prior approval from the
Ministry of Economy and Finance to
manage the revenue and expense of
its respective profession in an accurate
manner.
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CHAPTER
V
State Control |
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| Article
: 88 |
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The control of all types of insurance
companies in the Kingdom of Cambodia
shall be under the competence of supervisory
officer appointed by the Ministry
of Economy and Finance based on their
abilities, skills and experience in
such area sector.
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| Article
: 89 |
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The Ministry of Economy and Finance
shall set forth a minimum tariff to
be applied to major risks to ensure
the market stability and direct the
market competition. The minimum tariff
shall be not applied to the life insurance
class.
The minimum tariff as provided in
the first paragraph of article 89
may be adjustable to the economic
situation by a Prakas of the Ministry
of Economy and Finance.
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| Article
: 90 |
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All classes of the insurance companies
shall deposit as a proof the sample
of the insurance application form,
general conditions of insurance policy,
sample of the insurance certificate,
and other printed documents to be
distributed to the public or for the
purpose of advertisement to the Ministry
of Economy and Finance.
The Ministry of Economy and Finance
may require changes of content of
any documents as prescribed in the
above paragraph inappropriately used
for the insurance operation or of
the company's capitalization.
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| Article
: 91 |
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If the statute of any insurance company
has been changed, the concerned company
shall submit to the Ministry of Economy
and Finance within fifteen (15) days
after the general meeting of the company
the text of amendment to such statute
and other relevant documents.
All insurance companies firstly shall
submit to the Ministry of Economy
and Finance the list of tariff the
company prepared to apply with customers
to ensure the transparency of its
competition in the insurance market.
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| Article
: 92 |
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All insurance
companies, agents, brokers and loss
adjuster subject to the state control
shall be under monitoring of the supervisory
officer appointed by the Ministry of
Economy and Finance. At any time, in
addition to the reports examination,
the supervisory officer may conduct
a site inspection of operations of each
insurance business. |
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| Article
: 93 |
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Every legal entity or natural person
that obtained mandate to enter into
contracts or supervise insurance companies,
agents or brokers and loss adjuster
shall be controlled by the insurance
supervisory officials. The officers
may verify accounting agenda and records,
other accounting documents whether
by simple method or information system,
and all types of documents of the
company which are required for study
and investigation.
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| Article
: 94 |
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All insurance companies, agents,
brokers, and loss adjuster shall provide
the supervisory officers who perform
these duties with documents as described
in Article 93 of this sub-decree and
relevant persons in order to facilitate
attainable inspection and verification
in a high transparent and accurate
manner.
The supervisory officers shall report
the result of their inspection or
verification and not to the Ministry
of Economy and Finance to timely take
appropriate measures according to
the de facto mistakes.
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| Article
: 95 |
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Within three(3) months from the end
of each accounting period, the insurance
company, agent, broker, and loss adjuster
shall submit to the Ministry of Economy
and Finance the resolution of the
ordinary general meeting, the report
of executive body, auditor and board
of directors, and financial statements
as well as other necessary documents
of the company for recently ended
accounting period.
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| Article
: 96 |
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At the beginning of each month, the
insurance company, agent, broker,
and the loss adjuster shall prepare
business statistics in previous month
and submit as a regular report to
the Ministry of Economy and Finance
for examination.
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| Article
: 97 |
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The insurance companies, agents,
brokers, and the loss adjuster shall
prepare its business statistics and
monthly summit to the Ministry to
the Ministry of Economy and Finance
by reflecting:
1- Business Transaction:
a number of insurance policies issued
to clients dividing into classes of
business.
b inception date of each insurance
policy.
c expiry date of each insurance policy.
d total sum insured.
e insurance premium rate.
f discount rate.
2- Claim Settlement
a number of insurance policies with
loss records.
b nature of loss and claim amount
paid.
c nature of loss occurred and outstanding
claim amount.
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| Article
: 98 |
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Any person
who violates Article 31, 40 or 43 of
this Sub-decree shall be punished as
provided in Article 52 of the insurance
law. |
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| Article
: 99 |
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Any
person who violates Article 46 of this
Sub-decree shall be punished as provided
in Article 54 of the insurance law. |
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CHAPTER
VII
TRANSITIONAL PROVISIONS |
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| Article
: 100 |
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Construction
owners, contractors or subcontractors,
from the date this Sub-decree takes
effect, as provided in Article 40 of
this Sub-Decree shall have the insurance
on its liability. Such insurance contract
shall be entered into with any insurance
company that has the license to operate
the business in the Kingdom of Cambodia
and cannot be made with any insurance
company operating outside Cambodia. |
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| Article
: 101 |
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As
of January 1, 2002, owners of all types
of commercial motor vehicles as provided
in Article 31 of this Sub-decree shall
purchase the liability insurance for
their motor vehicles. Such insurance
policy shall be purchased from any insurance
company licensed to operate the business
in the Kingdom of Cambodia and cannot
be purchased from any company outside
Cambodia. |
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| Article
: 102 |
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As
of January 1, 2002, owners of means
of passenger transport of all types
as provided in Article 43 of this Sub-decree
shall have the liability insurance for
passengers transported by their means
of transport. Such insurance policy
shall be purchased from any insurance
company licensed to operate the business
in the Kingdom of Cambodia and cannot
be purchased from any company outside
Cambodia. |
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CHAPTER
VIII
Final Provision |
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| Article
: 103 |
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The Minister
in charge of the Office of the Council
of Ministers, the Minister of Economy
and Finance, and the Ministers of Ministries,
Secretariats of State and concerned
institutions shall comply with this
Sub-decree according to its respective
duties. |
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| Article
: 104 |
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Any
provisions contrary to this Sub-decree
shall be null and void abrogated. |
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| Article
: 105 |
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This
sub-decree comes into effect from the
date of signing onward. |
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Copies
to:
The Cabinet of the King
General Secretariat of the Senate
General Secretariat of the National
Assembly
The Cabinet of Samdech Prime Minster
Archives - records
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The Prime Minister
(Signed and sealed)
Hun Sen
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| Click
here to download Sub-Decree » |
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