Your Questions: Which Acts Are Reserved for Agents and Brokers?
Although certain acts may be performed by non-certified persons, you cannot let your guard down: as an agent or a broker, you are the certified professional, and you are responsible for any act carried out by a non-certified person. Here are a few of the questions you have sent us on this topic. Also consult the Notice regarding information collection and insurance advice published by the Autorité des marchés financiers for more answers to your questions.
Q. Can a non-certified person verify the insurance contract before sending it to the insured?
A. No, this act is reserved for agents and brokers. A non-certified person cannot review the contract issued by the insurer before sending it to the insured. Certified professionals (agents or brokers) are responsible for verifying that the contract issued is error-free and that it reflects their discussions with the insured and the insured’s wishes.
Furthermore, if you are responsible for entering the information directly into the insurer’s system, make sure to review all the information before issuing the contract.
Q. From now on, can my assistant collect personal information from a client?
A. A non-certified person may be designated to collect a client’s personal information, if the information regarding the client’s situation is only of a purely factual nature. The person must do so in a manner that is impartial and unbiased in order to ensure the reliability of the information. They must therefore not give their opinion on the relevancy of disclosing certain information or “give the client explanations or make remarks that might influence the client.”
You remain responsible for information collected by a non-certified person.
Q. I transferred some clients to a different insurer, and must therefore once again obtain my insureds’ consent to use their credit scores. Am I allowed to mandate a non-certified person to perform this task?
A. If a non-certified person helps you to collect information on your client, the information they collect must be limited to factual questions. A non-certified person must therefore never give their opinion on the relevancy of disclosing certain information, or “give the client explanations, or make remarks that might influence the client.”[1] .
Thus, a non-certified person may ask for consent to obtain a credit score, but may not provide additional information on the reason for this request, nor any explanations regarding the consequences if the insured refuses to do so. As soon as a question comes up, an agent or broker must take over the discussion.
Remember: as an agent or broker, it is your responsibility to properly analyze the information you are given and ensure that it is complete, accurate and up to date so that you may effectively advise your client.
[1] AUTORITÉ DES MARCHÉS FINANCIERS, “Notice regarding information collection and insurance advice,” June 2019, p. 2.
Which Acts Are Reserved for Agents and Brokers?
To find out more about your obligations and the limits of the acts that could be delegated to an non-certified person, read the article « Which Acts Are Reserved for Agents and Brokers? »
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