Education of insurance agent technical personnel in Turkey

• Author: Prof.Dr.Huriye Kubilay
• Pages: 1-21

İnönü Üniversitesi Hukuk Fakültesi Dergisi Cilt: 5 Sayı:2 Yıl 2014 1

EDUCATION OF INSURANCE AGENT TECHNICAL

PERSONNEL IN TURKEY

Prof.Dr.Huriye Kubilay

1

ABSTRACT

This paper is related to education of intermediaries who sell insurance

products in the name of and on account of insurers. Those persons;

namely “Insurance Agents” act as direct representatives of insurers.

Therefore, regarding their disclosure obligation, their knowledge about

insurance products and management of risk is extremely important both

for insurers and insureds.

“Insurance Agent Technical Personnel” is a quite new concept which was

regulated firstly by previous Insurance Agents By-Law, that was issued in

2008. This By-Law has been based on Insurance Act which was entered

into force in 2007. After promulgation of the Insurance Act and the By-

Law which have been issued for the aim of harmonisation with EU Law,

informing about insurance policies, marketing and sales of insurance

policies can only be realised by those qualified persons. Before the

regulation, insurance policies could be saled by a great number of

insurance agents who haven’t got any specific education and experience.

In this paper, education of insurance agent technical personnel in Turkey

which has been given by the Center of Insurance Education

(CIE/Sigortacılık Eğitim Merkezi-SEGEM) under supervision of the

Undersecretariat of Treasury will be evaluated regarding purpose and

content of the education, education of teaching staff, the persons who

have to be required to get this education, re-education and statistical datas.

Keywords: Insurance, agent, technical personnel, education,

intermediaries

1

Department of Commercial Law, Law Faculty of İzmir University of Economics.

Prof.Dr.Huriye KUBİLAY

2 İnönü Üniversitesi Hukuk Fakültesi Dergisi Cilt: 5 Sayı:2 Yıl 2014

EDUCATION OF INSURANCE AGENT TECHNICAL

PERSONNEL IN TURKEY

I- INTRODUCTION

Insurance agent is one kind of insurance intermediaries

2

. The other kind of

insurance intermediaries is “broker” in Turkish Law. Pursuant to Article 2

(1), b of Insurance Act, ““Intermediary” shall mean insurance agent and

broker.”

General definition of “agent” has been made in Article 102 of Turkish

Commercial Code numbered 6102. According to Article 23 (18) of

Insurance Act; “Provisions of the Turkish Commercial Code governing

agencies shall also apply to insurance agents.”

“Insurance agent” is defined distinctively in Insurance Act, numbered

5684 by taking into consideration insurance agent. The definition of

“insurance agent”, in Insurance Act is as follows;

“Article 2 (1), m) Insurance agent, “sha ll mean a person who has adopted

it as a profession to intermediate to insurance contra cts in the na me and

account of the insurance company for a permanent term within a specific

place or region ba sed on a contract without holding a title such as

commercial repr esentative, commercial attorney, sales official or

employee, or to perform such a ctivity on behalf of the insurance company

and who ca rry out the prepar atory works before the conclusion of the

contract a nd assist during the implementation of the contract and payment

of claims,” He/she is the “direct representative” of insurance company.

Because, insurance agents intermediate to insurance contracts in the name

and account of the insurance company or make and perform insurance

contracts on behalf of the insurance company.

Pursuant to Article 23 (1) of Insurance Act; “Insurance agency is carr ied

out by real or legal persons.” If insurance agent is a real person, he/she

must be “technical personnel” (Article 4 (1), a, of Insurance Agents By-

2

CLARKE, 44.