Praktyczne aspekty umowy przeniesienia portfela ubezpieczeń
Practical issues in relation to insurance portfolio transfer agreement

Summary/Abstract: The article covers practical issues relating to the insurance portfolio transfer agreement. In particular, the author considers what scope of legal review (due diligence) is available, bearing in mind that the insurance secrecy cannot be breached. Further, the author consid- ers whether a preliminary agreement can be signed before signing the final insurance port- folio transfer agreement. This is because the author's view is that the insurance portfolio transfer agreement cannot be conditional. Also the possibility of setting an exact transfer date is analyzed, in order to make sure that the transfer date is not accidental i.e. it does not depend on the date of approval of the insurance portfolio transfer agreement by the Polish FSA.In relation to the subject matter of the insurance portfolio transfer agreement, the author emphasizes an important issue of including in the portfolio also the policies which have already expired. The reason for this is to make sure that the transferor transfers all the liabilities existing under insurance agreements, to the transferee.This article also considers whether an element of ,remuneration’ payable by either party for the insurance portfolio is mandatory. Author's conclusion is that „remuneration” shall not be considered as mandatory element of the insurance portfolio transfer agreement.Finally, the author considers what portfolio related documents should be made available to the transferee and what if such documents are in the electronic form only, as it is often the case in relation to „direct” insurers

• Details
• Contents