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Capítulo V. Deber de información y protección de la clientela de los servicios de mediación de seguros. Sección 1ª. Obligación de información de los mediadores de seguros. Artículo 42 (what insurance intermediaries have to inform the client) Castellano / Español
(The following is a rough translation of the Spanish Insurance Law. The original terms of the law in Spain are applicable in all cases http://www.e-agentevinculado.eu/Ley262006.htm , as updated and applied by the Spanish authorities)
1. Before subscribing an insurance contract, the insurance intermediary should, at least, give the client the following information:
| a) Name or company name and address. | Mainly Health Plans S.L. ( Sociedad de Agencia de Seguros Vinculada) | ||||
| b) The Registry in which the company / agent is registered, and how to check this inscription. | Company registered number / NIF: B19250372 Inscrito en el Registro Mercantil de Guadalajara: Documento: 1/2007/1.655,0 Diario: 14 Asiento: 779 Tomo 495 Libro: 0 Folio: 71 Hoja: GU-6611 http://www.rmc.es/ | ||||
| c) If you have a direct or indirect shareholding of more than 10% in the capital or voting rights of any insurance company. | No. | ||||
| d) If an insurance company or holding company has a direct or indirect share of more than 10% in the capital or voting rights of the insurance intermediary. | No. | ||||
| e) Procedures indicated in artículo 44, that allow consumers and other interested parties to make complaints about the insurance intermediaries and, as applicable, about ex-judicial as set out in artículos 45 and 46 of this law. |
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| f) How personal data is dealt with, in compliance with that established in article 5.1 of the data protection law (Ley Orgánica 15/1999, of 13 December). |
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2. Also, in accordance with the way the insurance is offered and before a contract is signed:
Insurance intermediaries who are "agentes de seguros vinculados" must inform the client that they are not contractually obliged to undertake insurance activities exclusively with one or more insurance companies and that they do not provide advice based on the obligation of objective analysis as required by insurance brokers. Should the client wish, they must be informed of the insurance companies with which required insurance product can be arranged.
For a client to be able to exercise information rights with insurance companies, insurance agents much inform clients of this right.
3. The right to prior information regulated in the previous 2 sections is also necessary when an insurance contract is modified or extended if there have been changes in the information initially provided.
5. Based on information provided by clients, intermediaries must specify the demands and needs of the client, and motives that justify any kind of advice about an insurance product. These replies should answer questions posed by the client and will be in accordance with the complexity of the insurance contract proposed.
6. The previous information is not necessary when high risk insurance is being dealt with.
7. Insurance intermediaries from the European Economic Zone doing business in accordance with the freedom of establishment or provision of services, must inform their clients in the same terms as those previously mentioned - regarding advice based on objective analysis or it they are contractually obliged to undertake insurance mediation activities exclusively with one or with several insurance companies.
Insurance activities
Regulated by the Spanish Insurance and Pensions Ministry ( see also EU Directive 2002/92/EC ) / Regulado por la Dirección General de Seguros y Fondos de Pensiones en el Registro Administrativo Especial de Mediadores de Seguros de las DGSFP, teniendo concertado un Seguro de Responsabilidad Civil y con la capacidad financiera con arreglo al art. 21 de la de la Ley 26/2006, de Mediación de Seguros y Reaseguros Privados.