INFORMATION DUTIES IN PARTICULAR
(article 31 of Law no. 7/2019 of 16 January and article 18 of Law no. 144/2015 of 8 September).
SEMPER – MEDIAÇÃO DE SEGUROS, UNIPESSOAL LDA, a limited liability company with registered office at Avenida da República, no. 740, 6th floor, room 64, 4430-190 Vila Nova de Gaia, registered at the Commercial Registry Office of Vila Nova de Gaia under no. 506233898, with a share capital of 100.000,00€ (one hundred thousand euros), an intermediary registered with the ASF (Insurance and Pension Funds Supervisory Authority) on 27-01-2007, with the category of Insurance Agent under no. 407149309/3, with authorisation to carry on insurance mediation activity in the Life and Non-Life branches, as may be verified and confirmed at www.asf.com.pt, informs its customers, under the terms and for the purposes provided for in Article 31 of Law no. 7/2019 of 16 January, that:
- It does not hold any qualifying holding in the share capital of any insurance companies;
- There is no qualifying holding in its share capital which is held by an insurance company or parent company of any insurance company;
- It is authorised to receive premiums to be delivered to the insurance company;
- It is authorised to receive premium and claims reversals to be delivered to policyholders, insured parties, beneficiaries or injured third parties;
- It is authorised to conclude insurance contracts in the name of and on behalf of the insurance undertaking(s);
- It has claims settlement powers in the name and on behalf of the insurance undertaking(s);
- The nature of the remuneration received in relation to the insurance contract is fixed, and is constituted by way of insurance commissions;
- The customer shall have the right to request information on the remuneration that the intermediary will receive for the provision of the insurance distribution and mediation service and, accordingly, to provide him, on request, with such information;
- The customer does not pay a fee to the intermediary, nor does he have to make payments after the conclusion of the contract other than the premiums resulting from the policies subscribed;
- Whenever payments are requested from the customer under insurance contracts after their conclusion, other than regular premiums and scheduled payments, the customer will be informed of the nature and amount of each payment he is required to make;
- Its intervention does not end with the conclusion of the insurance contract and involves the provision of assistance throughout the period of validity of the insurance contract, although if it does, any change in the information provided here will be duly communicated to the client;
- Provides advice to the customer through the transmission of a personalised recommendation, adjusted to the type of customer, the information provided by the customer and the completeness of the insurance contract recommended;
- It bases its advice on the obligation to provide an impartial and personal analysis, this being understood as the obligation to give advice on the basis of an analysis of a sufficiently large and diverse number, as to the distributor and the type of insurance contracts available on the market, to enable it to make a recommendation, in accordance with professional criteria, as to the insurance contract best suited to the needs of the client, not being limited to the insurance contracts of a distributor with whom it has close relations;
- It is not under a contractual obligation to conduct insurance distribution business exclusively for one or more insurance companies and the customer is entitled to request information on the name of the insurance company or companies with which it works relevant to the demands and needs presented;
- Other insurance intermediaries do not intervene in the contract, but, if they do, they are all jointly and severally liable under the terms of paragraph 4 of Article 47 of the RJDS before the insured, the policyholders and the insurance companies for the distribution acts performed;
- It acts on behalf of the customer and in the name and on behalf of the insurance undertaking.
Without prejudice to the provisions of the policy on treatment of policyholders, insured parties, beneficiaries and injured third parties and of the Complaints Management Policy of the insurance intermediary and to the possibility of recourse to the courts or to existing out-of-court dispute resolution entities (Information, Mediation and Insurance Ombudsman Centre – CIMPAS, at www. cimpas.pt), or that may be created for this purpose, the complaints of policyholders and other interested parties must be presented to the ASF, directly, or through the Complaints Book, electronically (on) or in paper available at the intermediary’s establishment. In the event of a dispute related to Automobile, Multi-risk and Third-Party Liability insurance contracts, the consumer can turn to the Insurance Information, Mediation, Provider and Insurance Arbitration (CIMPAS) as Alternative Dispute Resolution Entity (ADR). More information at www.cimpas.pt.
Lastly, it is informed that, pursuant to paragraphs a and b of Article 9(1) of Law No. 7/2019 of 16 January, “Insurance agent” is the category in which the person carries on the activity of insurance distribution in the name and on behalf of one or more insurance companies or other insurance intermediaries, pursuant to the contract or contracts that he enters into with those entities and “Insurance broker” is the category in which the person (natural or legal) carries on the activity of insurance distribution independently in relation to insurance companies.
