About Company
About Company
Top management
Our contacts
Vacancies
Reference of citizens
Infrastructure
Company organization
Dedicated subsidiary affair
Our branches
Services on a professional training
Press - center
Articles, researches
Company news
Our clients
Our partners
On reinsurance
On assistance
On information support
Export Insurance
Export
Insurance
Investments Insurance
Investments
Insurance
Property insurance
Property
insurance
Motor insurance
Motor
insurance
Voluntary medical insurance
Voluntary
medical
insurance
Accidents Insurance
Accidents
Insurance
Liability Insurance
Liability
Insurance
Cargo Insurance
Cargo
Insurance
Construction Insurance
Construction
Insurance
Audit - report
Annual report
Quality and reliability –
our competitive advantage
rating of reliability on the grade uzA++ from «SAIPRO»
ISO 9001:2008
Moody`s 'B1' rating of financial stability
Insurance agent
Legislation
Insurance glossari
Actions
Bids & tenders
Considering citizen`s conversion
 Search:
  


ÏÎÐÒÀË ÃÎÑÓÄÀÐÑÒÂÅÍÍÎÉ ÂËÀÑÒÈ ÐÓÇ

Âàëþòíûé èíôîðìåð Áàíêèð.UZ êóðñîâ Öåíòðàëüíîãî Áàíêà

Ñòðàõîâîé êàòàëîã INS.ORG.RU

Íàöèîíàëüíàÿ êîìïàíèÿ ýêñïîðòíî-èìïîðòíîãî ñòðàõîâàíèÿ

 




free counters
 

Insurance legislation


The Law of Republic of Uzbekistan «About insurance activity»
# 358-II On April, 5, 2002

The Decision of the Cabinet of Republic of Uzbekistan
«About measures on the further development of the market of insurance services»
# 413 on November, 27, 2002

The Decree of the President of Republic of Uzbekistan
«About measures on the further liberalization and development of the insurance market»
#ÓÏ-3022 On January, 31, 2002

The Decree of the President of Republic of Uzbekistan
«About formation of «Uzbekinvest» National Export-Import Insurance Company»
# ÓÏ-1710 February, 18, 1997.

   

THE LAW OF REPUBLIC OF UZBEKISTAN

On April, 5, 2002 # 358-II

 

About insurance activity


Article 1. The purpose of the present Law

Article 2. The legislation on insurance activity

Article 3. Insurance and insurance activity

Article 4. Branches and kinds (classes) of insurance

Article 5. Subjects of insurance activity

Article 6. The insurer

Article 7. The insurance broker

Article 8. The reinsurance broker

Article 9. The insurance agent

Article 10. Specially the authorized state body

Article 11. Creation and the state registration of insurers

Article 12. Capital fund of insurers

Article 13. Requirements to the company name of insurers

Article 14. Change of the company name, the organizational - legal form or sites of the insurer

Article 15. Licensing of insurance activity

Article 16. Features of stay of action Licenses of the insurer

Article 17. Features of cancellation Licenses of the insurer

Article 18. Features of reorganization of insurers

Article 19. Features of liquidation of insurers

Article 20. Sequence of satisfaction of requirements creditors of the liquidated insurer

Article 21. Insurance reserves of the insurer

Article 22. Guarantees of solvency of insurers

Article 23. Features of book keeping of insurers

Article 24. Inadmissibility of monopolistically activity

Article 25. The right on reception of the information

Article 26. Secret of insurance

Article 27. Activity of the foreign insurance organizations

Article 28. The resolution of disputes

Article 29. The responsibility for infringement legislation on insurance activity

 

Article 1. The purpose of the present Law

The purpose of the present Law is regulation of attitudes in Areas of insurance activity.


Article 2. The legislation on insurance activity

The legislation on insurance activity will consist of the present The law and other certificates of the legislation. If by the international contract of Republic Uzbekistan are established Other rules, than what are stipulated by the legislation of Republic Uzbekistan about insurance activity rules are applied
The international contract.


Article 3. Insurance and insurance activity

Insurance is protection of interests legal or Physical persons by payment by him according to the contract of insurance Insurance compensation (the insurance sum) due to monetary funds, Insurance premiums formed by paid them, at approach The certain event (insurance case).

Insurance activity represents activity Professional participants of the insurance market, connected to realization Insurance.


Article 4. Branches and kinds (classes) of insurance

Insurance is subdivided into the following branches: life insurance (insurance of the interests connected to a life, health, work capacity and cash security of physical persons, here the minimal term of insurance under the contract makes one year and Includes single or periodic payments of the insurance sums containing In itself additional percent stipulated by the contract of insurance (annuitets);

The general insurance (personal, property insurance, Insurance of the responsibility and other kinds of insurance which are not concerning to Branches of life insurance).

According to general characteristics of insurance risks or Their groups and the obligations of branch of insurance connected to them Are subdivided into kinds (classes) of insurance. Kinds (classes) of insurance Are defined by the Cabinet of Republic Uzbekistan.


Article 5. Subjects of insurance activity

Subjects of insurance activity are professional Participants of the insurance market.

Professional participants of the insurance market are Insurers, insurance intermediaries both others legal and physicalPersons according to the legislation.

Insurance intermediaries are the insurance broker, the reinsurance broker and the insurance agent.


Article 6. The insurer

The legal person accepting in admits as the insurer Conformity with the contract of insurance the obligation to carry out payment Insurance compensation (the insurance sum).

The insurer has the right to finance actions on prevention and To the prevention of approach of insurance cases in the order and on conditions, Determined specially the authorized state body.

Insurers cannot be engaged enterprise The activity which directly has been not connected to realization
Insurance, behind exception:

- Investment activity in the order and on conditions;

- Determined specially the authorized state body;

- The activity connected to improvement of professional skill of experts in Areas of insurance;

- Insurance intermediary as the insurance agent.


top  top



Article 7. The insurance broker

The insurance broker is the legal person who is carrying out activity on the organization of the conclusion and execution of the contract of insurance for and on behalf of the insurant.

Activity of the insurance broker cannot be combined with others kinds of activity in sphere of insurance, except for activity the reinsurance broker.


Article 8. The reinsurance broker

The reinsurance broker is the legal person, carrying out activity on the organization of the conclusion and execution contracts of reinsurance on its own behalf and on behalf of the insurer, reinsurance acting on the contract as the insurant.


Article 9. The insurance agent

The insurance agent is the legal or physical person, carrying out activity on the organization of the conclusion and execution contracts of insurance for and on behalf of the insurer.

As the insurance agent heads of bodies cannot act management of the insurer.

Insurers should conduct registers authorized by them insurance agents.


Article 10. Specially the authorized state body

Regulation and supervision of insurance activity are carried out specially the authorized state body determined the cabinet of Republic Uzbekistan.

Specially the authorized state body:

- Establishes obligatory specifications for execution solvency and the order of their definition, a technique of calculation the maximum permissible size of obligations of insurers on separate to risks and the cumulative size of obligations, the order and terms granting of the information on solvency of insurers;

- Supervises observance by professional participants insurance the market of the legislation on insurance activity, maintenance the established specifications of solvency and other their requirements financial stability;

- Licenses insurance activity of insurers and insurance brokers;

- Establishes the order of conducting the account, drawing up of the reporting on to formation and accommodation of means of insurance reserves by insurers;

- Establishes obligatory for execution qualifying requirements to heads of an agency and the chief accountant the insurer;

- Establishes the form, the order and terms of granting financial the reporting insurers;

- Makes according to the legislation check activity of professional participants of the insurance market also brings him obligatory instructions to execution about elimination revealed infringements;

- Stops in the order established by the legislation, action of licenses of insurers and insurance brokers completely or in the attitude of separate kinds (classes) of insurance, and also stops them action;

- Publishes within six months upon termination of everyone fiscal year annual reports on activity on regulation and to supervision of insurance activity, and also the statistical data about activity of the insurance market within one fiscal year;


Carries out other powers according to the legislation.

Specially the authorized state body and his workers have no right to participate in the authorized capital and in controls professional participants of the insurance market and also to operate in quality of the insurance intermediary.


top  top



Article 11. Creation and the state registration of insurers

Insurers are created in stipulated by acts organizational - legal forms.

The state registration of insurers is carried out the Ministry of Justice of Republic Uzbekistan in the order established the cabinet of Republic Uzbekistan.


Article 12. Capital fund of insurers

The minimal size of the authorized capital of insurers is defined by the Cabinet of Republic Uzbekistan.
Not less than ninety percent of the authorized capital of the insurer it is formed of money resources of founders (participants).

Use for formation of the authorized capital of the insurer the means received on credit, on the security, and other involved means it is not supposed.

The cpital fund of the insurer should be paid by founders the insurer by the moment of reception of the license.


Article 13. Requirements to the company name of insurers

In the company name of insurers it is not supposed use of the designations identical or similar up to his degree mixtures with the name before the created insurers, behind exception names of branches of insurers, and also the insurers created other insurers in the form of the unitary enterprise.


Article 14. Change of the company name, the organizational - legal form or sites of the insurer

In case of change of the company name, organizational the legal form or site the insurer is obliged to finish about it up to data of insurants through mass media, and on available at him on execution to contracts of insurance with term from above one year - in writing.


Article 15. Licensing of insurance activity

Insurance activity of insurers and insurance brokers it is carried out on the basis of the licenses which are given out specially the authorized state body in the order established the cabinet of Republic Uzbekistan.

The license is given out to the insurer on realization insurance activity or in branch of life insurance, or in branch of the general insurance. The insurer who is carrying out insurance activity in branch life insurance, have no right to carry out insurance activity in branches of the general insurance, except for separate kinds (classes) branches of the general insurance, determined by the Cabinet of Republic Uzbekistan. The insurer who is carrying out insurance activity in branch the general insurance, have no right to carry out insurance activity in branches of life insurance.

In the license kinds (classes) of insurance, which are specified the insurer assumes to carry out.


Article 16. Features of stay of action Licenses of the insurer

Stay of action of the license of the insurer attracts an interdiction on the conclusion him of new contracts of insurance, including prolongation working contracts of insurance. Thus the insurer is obliged to execute when due hereunder taken up obligations on earlier to the made contracts of insurance.


Article 17. Features of cancellation Licenses of the insurer

From the date of cancellation of the license within five days specially the authorized state body is obliged to address in court with the application for liquidation of the insurer in established the legislation the order.

Powers before working controls of the insurer stop and pass to time administration of the insurer, appointed specially the authorized state body.

The time administration carries out the activity during the period up to removal by court of the decision.

The report of time administration of the insurer is given in specially the authorized state body and court, in which the application specially authorized state is directed body about liquidation of the insurer.

During the activity time administration of the insurer have no right to carry out account operations, except for cases, connected to charges on management (administrative charges) the insurer, transfer of money acting to the insurer and manufacture payments of insurance compensation (the insurance sum) on earlier prisoners to contracts of insurance on which there have come insurance cases.

The operating procedure of time administration of the insurer is defined specially the authorized state body.

Positions of present Article are not distributed to cases cancellation of the license under the application of the insurer, and also at his reorganization or liquidation under the decision of his founders (Participants) or controls of the insurer authorized on that constituent documents.


top  top

Article 18. Features of reorganization of insurers

Reorganization of insurers in the form of merge, connection, Divisions, allocation, transformation it can be carried out from the sanction Specially the authorized state body.

For reception of the sanction to reorganization together with The corresponding application in specially representative state Body the insurer represents the following documents:

- The decision of founders (participants) or controls The insurer authorized by constituent documents about Reorganization;

- Balance of the created insurer and the forecast of financial results His activity;

- The contract draft of merge or connection (by reorganization in To the form of merge and connection).


The application on carrying out of reorganization of insurers should be It is considered specially by the authorized state body in Current of fifteen days from the date of granting necessary documents.

Specially the authorized state body is obliged in writing To notify the insurer on the accepted decision.


Specially the authorized state body has the right to give up In delivery of the sanction to reorganization of insurers in cases, if:

- As a result of reorganization of the insurer can be broken Requirements to financial stability of again formed insurers;

- Realization of reorganization of insurers can lead to To restriction or elimination of a competition in the insurance market;

- In the submitted documents on delivery of the sanction on Reorganization of insurers doubtful data or these contain Documents do not correspond to the legislation;


Reorganization of insurers contradicts the legislation.

By reorganization in the form of merge, division, allocation and Transformations action of the license of the insurer (insurers) Stops. Licensing again formed in result Reorganization to insurers it is carried out in the simplified order. For a while Realization of reorganization in the form of merge, division, allocation and Transformations and till the moment of reception of the license again formed Insurers they have no right to conclude new contracts of insurance, To prolong working contracts of insurance, except for performance Taken up obligations under earlier made contracts Insurance, turned into to them by way of assignment.

By reorganization in the form of connection the insurer, to which Other insurer joins, keeps the working license in Case if as a result of connection conditions of the license do not vary.


Article 19. Features of liquidation of insurers

At liquidation of the insurer under the decision of his founders (Participants) or controls of the insurer authorized Constituent documents, require the sanction specially The authorized state body.

After acceptance by founders (participants) or body Management of the insurer, authorized by constituent documents, Decisions on liquidation the insurer in writing addresses in specially The authorized state body with the application on reception Sanctions to liquidation with the appendix to it of the following documents:

- The decision on liquidation of the insurer;

- Data on obligations;

- The balance report for date of decision-making on liquidation The insurer, confirmed with the auditor onclusion;

- The plan of liquidation of the insurer with the instruction of terms and conditions Liquidations.


The application on reception of the sanction to liquidation of the insurer Should be considered specially by authorized state Body within ten days from the date of reception by him necessary Documents.

Specially the authorized state body is obliged in writing To notify the insurer on the accepted decision.

Simultaneously with the sanction to liquidation of the insurer specially The authorized state body has the right to make changes in The submitted plan of liquidation of the insurer.

Specially the authorized state body has the right to give up In delivery of the sanction to liquidation of the insurer in cases, if:

- as a result of liquidation rights and legitimate interests will be broken Insurants and creditors of the insurer;

- in the submitted documents on delivery of the sanction to liquidation The insurer doubtful data contain or they do not correspond To the legislation.


Article 20. Sequence of satisfaction of requirements Creditors of the liquidated insurer

Requirements of creditors of the liquidated insurer after payment The charges connected to liquidating manufacture, and also charges, Following from necessity of maintenance of the basic functions liquidated The insurer, are satisfied in the following order:

- First of all - requirements of insurants under contracts Obligatory insurance in branch of life insurance;

- In the second turn - requirements of insurants under other contracts Obligatory insurance;

- In third turn - requirements of other insurants (profit aquirers);

- In the fourth turn - requirements on payment (executive) To the documents providing payments in the budget, in unappropriated funds. After full satisfaction of the specified requirements are satisfied Requirements on social insurance and requirements of citizens on compensation The damage caused to their property by a crime or administrative Offence;

- In the fifth turn - requirements of other creditors of the insurer.


Article 21. Insurance reserves of the insurer

For maintenance of performance of the accepted insurance obligations Insurers from paid both in soums, and in a foreign currency Insurance premiums form and place insurance reserves in the order and on The conditions established specially authorized state Body.

The actives of the insurer corresponding to his insurance reserves, To withdrawal are not subject.


Article 22. Guarantees of solvency of insurers

Insurers cannot take up the obligation, Exceeding the maximum permissible size on separate risks and it is limiting The allowable cumulative size of obligations, except for cases, when Their ability to carry out of these obligations reinsured in conformity With the established specifications of solvency and other requirements Financial stability. Insurers - residents of Republic Uzbekistan Have the right to reinsure when due hereunder the obligations for Limits of Republic Uzbekistan.


Article 23. Features of book keeping of insurers

Insurers, insurance brokers and reinsurance brokers conduct Book keeping according to the legislation with the account The features established specially authorized state Body.


Article 24. Inadmissibility monopolistically activity

The activity directed on restriction or elimination Competition in the insurance market, granting or reception Unreasonable advantages of one insurers before others, infringement The rights and legitimate interests of insurants and other persons, it is not supposed.

Insurers and insurance intermediaries are forbidden to use The associations (unions) and other associations for achievement of agreements, Directed on monopolizetion the insurance market.


top  top



Article 25. The right on reception of the information

Law enforcement bodies, courts, and also medical, Seismological, veterinary, hydrometeorological and others The organizations are obliged by inquiry of insurers to represent documents and The conclusions necessary for the decision of questions on the reasons and Circumstances of approach of insurance cases and about the caused damage With the purpose of definition of the sizes of insurance compensation by the insurer.

Specially the authorized state body has the right to demand The information at insurers or insurance brokers about the sizes accepted Money resources and obligations, and also other Information in limits The competence. The inquiry of such information should be made in Written kind with the instruction reasons inquiry.

Specially the authorized state body is obliged to observe Confidentiality in relation to the information received by him, except for Cases when disclosing of the information is supposed according to The law.


Article 26. Secret of insurance

Are not subject to disclosure of data on insurants, The insured persons and profit aquirers, a state of health Insurants and the insured persons, the insured property, insurance The sum, presence of bank accounts, about the rests and movement of money to these Accounts.

The data specified regarding first present Article, can be Are opened to the third parties on the basis of the written approval of the insurant, And also the insured persons and profit aquirers concerning data, Concerning them.

Information on the data specified regarding first present Article, Are given by insurers when due hereunder without reception The consent of insurants to court, the public prosecutor, and at presence excited Criminal case - to bodies of inquiry and consequence.

Information on the made contracts of insurance and made Calculations in case of death of the insurant - the physical person are given out:

- To the person specified by the insurant in the will;

- To court and the notary - on taking place in their manufacture To hereditary affairs on the basis of the decision of court or the letter of enquiry The notary certified by his seal. To the letter of enquiry of the notary The copy of the certificate on death of the insurant should be enclosed;

- To the consul - on taking place in his manufacture hereditary To affairs.


Article 27. Activity of the foreign insurance organizations

The foreign insurance organizations can act as founders (Participants) of legal persons - professional participants insurance The market in the order established by the legislation.

The foreign insurance organizations have the right to carry out on Territories of Republic Uzbekistan reinsurance, and also insurance Civil liability of owners of vehicles and others Self-propelled machines and the mechanisms leaving for limits of Republic Uzbekistan. Thus the conclusion of such contracts of insurance It is carried out through insurers and insurance intermediaries - residents of Republic of Uzbekistan.


Article 28. The resolution of disputes

Disputes in the field of insurance activity are resolved in the order, Established by the legislation.


Article 29. The responsibility for infringement

Legislation on insurance activity
The persons guilty of infringement of the legislation about insurance Activity, bear the responsibility when due hereunder.

 

President I.Karimov

 

top  top

 

THE DECISION

THE CABINET OF REPUBLIC UZBEKISTAN

On November, 27, 2002 # 413


About measures on the further development of the market of insurance services

According to the Law of Republic Uzbekistan «About insurance Activity» and the Decree of the President of Republic Uzbekistan from January, 31, 2002 N ÓÏ-3022 « About measures on the further liberalization and development The insurance market » and with a view of stimulation of development of insurance system, Strengthening of material base and financial stability Insurers, expansions of their regional representation and increase.

Trust of the population to the insurance organizations the Cabinet Decides:

1. To establish, that the minimal size of the authorized capital It is defined for the insurers specializing in:

- Branches of life insurance - in the sum equivalent to 250 thousand US dollars;

- Branches of the general insurance - in the sum equivalent to 150 thousand.US dollars;

- Reinsurance activity (if a subject of activity Reinsurance) - in the sum is exclusively, equivalent 2 million US dollars.

For the insurers who are carrying out activity on obligatory To insurance, the minimal size of the authorized capital is defined in the sum, In equivalent 500 thousand US dollars.

2. To define, that:

- The insurers working in territory of Republic Uzbekistan and having chapter fund less established by the present decision the size, should finish it with the established sizes by August, 1, 2003;

- Insurers, which size of authorized capitals by August, 1, 2003 will not correspond to the established minimal requirements, not have the right to be engaged in insurance activity;

- From the moment of an output of the present decision creation is forbidden Insurers with the size of the authorized capital there are less than minimal requirements, established by the present decision.

3. To define the Ministry of Finance of Republic Uzbekistan Specially the authorized state body which is carrying out Regulation and supervision of insurance activity.

4. To ratify Regulations about licensing of insurance activity Insurers and insurance brokers according to appendix # 1.

5. To define the specification of annual charges for legal persons on To voluntary kinds of insurance at a rate of two percent from annual Volume of proceeds from realization of production (works, services).

To the Ministry of Finance and the State tax committee of Republic of Uzbekistan to bring in respective alterations in departmental Statutory acts.

6. To recognize become invalid some decision of the Government of Republic of Uzbekistan according to appendix # 2.

To make changes and additions to some decisions of the Government of Republic of Uzbekistan according to appendix # 3.

7. The control over performance of the present decision to assign on
The assistant to the Prime minister of Republic of Uzbekistan Azimov R.S.

Cabinet`s Chairman

I.Karimov

 

 

top  top



APPENDIX # 1

To the decision of the Cabinet

of Republic of Uzbekistan

From November, 27, 2002 # 413

POSITION

About licensing insurance activity

Insurers and insurance brokers

 



I. General provisions

1. The present Position is developed according to laws of Republic of Uzbekistan «About licensing separate kinds of activity», «About insurance activity» also defines the order of licensing Insurance activity of insurers and insurance brokers.

2. Licensing insurance activity of insurers and Insurance brokers it is carried out by the Ministry of Finance of Republic Uzbekistan (further - licensing body).

3. Competitors of the license for insurance activity of insurers And insurance brokers can be registered in established The order legal persons.

4. Validity of the license for realization insurance Activity of the insurer and the insurance broker, as a rule, not It is limited. The license is given out for the term of, specified in the application The competitor of the license. Action of the license is estimated since day Licensing.

On realization of insurance activity of insurers and insurance Brokers typical (simple) licenses are given out.


II. License requirements and conditions

5. License requirements and conditions at realization Insurance activity of insurers and insurance brokers are:

- Observance of the legislation of Republic Uzbekistan about insurance Activity;

- Maintenance of confidentiality of the information received at Carrying out of insurance activity, according to requirements Legislation;

- Representation on demand of licensing body established The legislation of the information on realization of insurance activity;

- The head of the competitor of the license should have higher education And, at least, the two-year-old experience of work in sphere of insurance;

- The head of the competitor of the license (licensee) has no right To combine posts of the head in other insurance organizations.

6. In addition to license requirements and conditions, Stipulated in item 5 of the present Position, are established:

à) For insurers:

- Presence of the minimal size determined by the legislation The authorized capital;

á) For insurance brokers:

- Maintenance of observance of treaty obligations at realization Insurance activity of the insurance broker;

- Maintenance of the conclusion and execution of the contract of insurance on Favorable to the client of the licensee conditions;

- Realization of intermediary activity on insurance as The basic kind of activity.

7. At overlapping by insurers of kinds (classes) of insurance The following rules are applied:

à) In the license of the insurer kinds (classes) of insurance are specified, Which the licensee has the right to carry out. The class of insurance represents Itself set of kinds of the insurance incorporated on certain general To attributes. The maintenance of each class and the requirement on conditions of carrying out Are resulted in appendix N 1 in the present Position;

á) The kind of insurance represents concrete insurance The service developed and given by the insurer to the insurant in Limits of one or several classes of insurance;

â) The licensee has the right to develop the kind of insurance combining Attributes and the maintenance of two and more classes of insurance, under condition of Presence at him the license with the instruction of corresponding classes of insurance And in view of restrictions on overlapping classes of insurance, established by the present Position.

8. The licensee - insurer who is carrying out insurance activity in Branches of life insurance, have no right to carry out insurance activity In branch of the general insurance, except for activity on classes 1 and 2 branches of the general insurance.

The licensee - insurer who is carrying out exclusively reinsurance activity, has no right to conclude contracts direct Insurance.


top  top


III. The documents necessary for reception of the license

9. For reception of the license the competitor represents in Licensing body the following documents:

à) For insurers:

- The application for licensing with the instruction of the name and The organizational - legal form of the legal person, place of his presence (the post address), names of establishment of bank and number settlement Accounts in establishment of the bank, a licensed kind of activity, which The legal person is going to carry out, and term, during which The specified kind of activity will be carried out;

- Notarially certified copy of the certificate about state Registration of the legal person;

- Data on the head (a copy of the document on higher education and Extract from a work-record card);

- The document confirming entering by the competitor of the license of gathering for Consideration by licensing body of the application of the competitor of the license;

- The documents confirming payment of the authorized capital (the information Bank, acceptance reports of assignation, other documents) in the sum, not Less established minimal size of the authorized capital;

- The economic substantiation of insurance activity including The business - plan on a licensed class of the insurance, the containing forecast Developments of insurance operations, the plan on assumed reinsurance To transactions, the plan of calculation of insurance reserves;

- Rules (condition) by kinds of insurance on which it is requested The license, containing definition of a circle of subjects of insurance and Restrictions on the conclusion of the contract of insurance, definition of objects Insurance, definition of the list of insurance cases, at approach Which there is an obligation of the insurer on insurance payments (the basic and additional conditions), withdrawals (risks or property), on By which the insurer is released from performance of obligations, tariffs (Rates) of insurance premiums, the maximal (minimal) term of insurance, The order of the conclusion of contracts of insurance and payment of insurance premiums, mutual obligations of the parties under the contract of insurance and chances refusal in payment under contracts of insurance, the order of consideration Claims under the contract of insurance.

Samples of contracts of insurance should be enclosed to rules.

The rules (condition) of insurance authorized by the head The competitor of the license, are represented in duplicate, sheets should To be sewed and are numbered.

Competitors of the license which subject of activity is Reinsurance is extreme, represent the documents specified in The present item, except for the paragraph concerning to rules (conditions) Insurance.

á) For insurance brokers:

- The application for licensing with the instruction of the name and The organizational - legal form of the legal person, place of his presence (the post address), names of establishment of bank and number settlement Accounts in establishment of bank; a licensed kind of activity (his part), Which the legal person is going to carry out, and term, during Which will be carried out the specified kind of activity;

- Notarially certified copy of the certificate about state Registration of the legal person;

- The document confirming entering by the competitor of the license of gathering for Consideration by licensing body of the application of the competitor of the license;

- The documents confirming payment of the authorized capital (the information Bank, acceptance reports of assignation, other documents).

- The specified documents are represented in one copy.

The requirement from the competitor of the license of representation of documents, not Stipulated by the present Position, it is not supposed.

10. Documents are delivered by the competitor of the license in licensing Body directly, or through means of post communication, with the notice About their reception.

Documents are accepted by licensing body under the inventory, a copy Which goes it (is entrusted) the applicant with a mark about date of reception Documents.

11. For representation of the doubtful or deformed data The competitor of the license bears the responsibility according to The legislation.


IV. Consideration of the application and decision-making on licensing Or about refusal in licensing

12. For consideration of the application of the competitor of the license gathering is raised In the fivefold size of the minimal wages established in To republic Uzbekistan.

The sum of gathering for consideration of the application is enlisted on special the account of licensing body. In default the competitor of the license from the sent application, the sum of the paid gathering is not subject to return.

13. Licensing insurance activity of insurers and Insurance brokers it is carried out according to the circuit it agrees To appendix N 2 to the present Position.

The decision on delivery or on refusal in licensing to the competitor Is accepted in time, not exceeding thirty days from the date of reception Applications from the competitor of the license with all necessary documents.

14. For consideration of documents on licensing, their prolongation Term, preparations of the conclusions on them in licensing body it is created Commission of experts. Structure and position about a commission of experts Affirms licensing body. Sessions of a commission of experts Are carried out not less often than an once in a month. Carrying out is not supposed and Registration of decisions of sessions by the polling order.

The application of the competitor of the license with all necessary documents in day of their reception submits for consideration a commission of experts.

Commission of experts in time, not exceeding twenty days, Considers the submitted documents and prepares for the expert judgement On them about delivery or about refusal in licensing.

15. Licensing body in three-day term on the basis The conclusions of a commission of experts makes a decision on delivery or about refusal in licensing.

The licensing body notifies the competitor of the license about accepted The decision within three days after acceptance of the corresponding decision.

The notice on decision-making on licensing goes It (is entrusted) the competitor of the license in writing with the instruction Essential elements of the bank account and term of payment of a State Tax. Simultaneously with the notice on decision-making on licensing To the competitor the license agreement goes for signing.

16. The license agreement determining mutual rights and Duties of licensing body and the licensee, should contain:

- Surname, name, patronymic and post of the persons who have signed the agreement;

- Essential elements of the parties;

- The name of a kind of activity, on which realization The license is given out;

- License requirements and the conditions showed to the licensee;

- Validity of the license;

- The responsibility of the parties for infringement of requirements and conditions the license agreement;

- The order of the control over licensing body behind performance The licensee of requirements and conditions of the license agreement.

The license agreement is made in duplicate - on to one copy for the licensee and licensing body.

17. Licenses for insurance activity of insurers and insurance Brokers are made out on special forms of the established form. Forms Licenses are documents of the strict reporting, have a registration series, Number and degree of security. Samples of forms of licenses are developed and affirm licensing body and are made under his order In the typographical way in «Davlat belgisi» company.

Licenses are made out by licensing body in two-day term After representation by the competitor of the document confirming payment State Tax, and signings of the license agreement by him.

Licenses subscribe Minister of Finance of Republic Uzbekistan (his assistant).

The original of the license is given out to the licensee, the copy of the license is stored In licensing body when due hereunder. Transfer of the license or The rights on it is forbidden to other persons.

18. In case the licensee within three months from the moment of Directions (delivery) of the notice on decision-making on licensing Has not presented to licensing body the document confirming payment State Tax for licensing, or has not signed The license agreement, licensing body has the right to make the decision about Cancellation of the license.

19. In licensing can be refused on the bases, Stipulated by Article 17 of the Law of Republic Uzbekistan « About Licensing of separate kinds of activity ».

The competitor of the license has the right to appeal against the decision on refusal in To licensing, and also action (inactivity) of the official Licensing body in the order established by the legislation.

20. In case of decision-making on refusal in licensing The notice on refusal goes (is entrusted) the competitor of the license in To the written form with the instruction of the concrete reasons of refusal and term, Sufficient that the competitor, having removed the specified reasons, Could present documents for repeated consideration.

21. In case of elimination by the competitor of the license of the reasons which have served The basis for refusal in licensing, repeated consideration Documents it is carried out in time, not exceeding ten days since day Receptions of the application of the competitor with all necessary documents.

Thus repeatedly submitted documents are brought on Consideration of a commission of experts in day of their reception.

Commission of experts in time, not exceeding six days, repeatedly Considers the submitted documents and prepares for the expert judgement On them about delivery or about refusal in licensing.

Licensing body in three-day term on the basis of the conclusion Commission of experts makes a decision on delivery or about refusal in delivery Licenses.

For repeated consideration of applications from competitors of the license gathering It is not raised.

The application sent after expiry of the term, specified in the notice About refusal in licensing, it is considered again sent.


top  top



V. The register of licenses

22. The licensing body conducts the register of licenses.

In the register of licenses should be specified:

- The name of the legal person, his organizational - legal The form, the post address, phone;

- Date of delivery and number of licenses;

- Validity of licenses;

- The bases and dates of renewal, prolongation of validity, Stay and renewal of action of licenses;

- The bases and dates of cancellation of licenses;

- The bases and dates of cancellation of licenses;

- The bases and dates of delivery of the duplicate.

23. The information contained in the register of licenses, is Open for acquaintance with it of legal and physical persons, which Have the right to receive for a payment in licensing body the information from the register Licenses as extracts about concrete licensees.

Payment for delivery of the information from the register of licenses in size Half of minimal wages it is enlisted on the settlement account Licensing body.

The information from the register of licenses to bodies of the government and Management it is given gratuitously.

 

VI. The order of payment of a State Tax

24. For licensing for realization of insurance activity Insurers both insurance brokers and prolongation of term of its action The State Tax in the tenfold size minimal is raised Wages.

The State Tax is enlisted in the republican budget.

 

VII. Renewal of the license, prolongation of term of its action, Delivery of the duplicate

25. In case of transformation of the licensee, his change Names or places of his presence (the post address), the licensee or His assignee is obliged in week term after passage Re-registrations to submit to licensing body the application for renewal Licenses with the appendix of the corresponding documents confirming The specified data.

26. Before renewal of the license the licensee has no right to carry out The activity specified in it.

27. At renewal of the license the licensing body brings Respective alterations in the register of licenses. Renewal of the license It is carried out within five days from the date of reception licensing Body of the application for renewal of the license with the appendix Corresponding documents. At renewal of the license gathering in the half size is raised The sum paid for consideration of the application of the competitor of the license about To licensing.

28. Prolongation of validity of the license is carried out on To the application of the licensee.

The application for prolongation of validity of the license should be sent In licensing body not later than two months before expiry of the term Actions of the license.

The decision on prolongation or on refusal in prolongation of validity Licenses is accepted in the order stipulated for licensing.

29. Instead of the license lost or come in unsuitability, term Which actions has not expired, under the application of the licensee can be given The duplicate. Thus the licensee is obliged to declare invalidity The license lost or come in unsuitability in means mass Information and also to present the publication to licensing body. At delivery of duplicates of the license gathering in half is raised The size of the sum paid for consideration of the application of the competitor about To licensing.


VIII. The control over observance of license requirements and conditions

30. The control over observance by the licensee of license requirements And conditions it is carried out by licensing body in the order established The legislation.

31. At control of observance license Requirements and conditions licensing body, within the limits of the competence, Has the right:

- To carry out in the order established by the legislation, scheduled Checks of observance by the licensee of license requirements and conditions;

- To carry out in the order established by the legislation off-schedule Checks of observance by the licensee of license requirements and conditions at Presence of the facts testifying to their infringements by the licensee;

- To request and receive from the licensee the necessary information on To the questions arising at carrying out of checks of observance license Requirements and conditions;

- To make on the basis of results of checks certificates (information) with The instruction of concrete infringements by the licensee of license requirements and Conditions;

- To bear the decisions obliging the licensee to remove revealed Infringements to establish terms of elimination of such infringements;

- To bear decisions on stay, cancellation, or Cancellation of the license;

- When due hereunder to direct to tax bodies materials About the revealed facts of realization by managing subjects of activity Without the license for acceptance of the measures stipulated by the legislation.

32. At check of observance of license requirements and conditions Checking workers of licensing body make the certificate in two Copies, one of which is transferred the licensee, the second copy Remains in licensing body.


IX. Stay, cancellation, cancellation of the license

33. Stay and cancellation of the license, and also her Cancellation are carried out in cases and the order, established by laws « About licensing separate kinds of activity » and « About insurance Activity ».

34. To unitary rough infringement of license requirements and The conditions, being the basis for cancellation of the license, Concern:

à) For insurers:

Realization of other kinds of the activity forbidden The legislation for the licensee;

Disclosure without the permission of the insurant confidential The information received at carrying out of insurance activity, for Exception of the cases stipulated by the legislation;

á) For insurance brokers:

The conclusion and execution obviously unprofitable for the client Contracts of insurance;

Disclosure without the permission of the client of the confidential information, The intermediary activity received at realization on insurance, Except for the cases stipulated by the legislation.

35. The decision of licensing body on stay or Cancellation of the license, and also its cancellation can be It is appealed against in court. In case of a recognition court of groundlessness of the decision The licensing body, the licensing body bears before the licensee The responsibility at a rate of the damage suffered by him.

top  top


APPENDIX # 1

To Regulations about licensing insurance

Activity of insurers and Insurance brokers


THE QUALIFIER OF INSURANCE ACTIVITY


1. Branch of life insurance

Number of a class

The name of a class

The maintenance and requirements on conditions of carrying out

Class I

Life and annuitets

Set of kinds of the life insurance working more than one year, providing duties of the insurer on payment of the insurance sums in cases:

- reaching the term of insurance insured before the termination or the insurance of age determined by the contract;

- death insured, and also the current payments (annuitets) during action of the contract of insurance, except for a class III

Class II

Marriage and birth

Set of kinds of the life insurance working more than one year, providing payment of the insurance sum at the conclusion of a marriage or a birth of the child

Class III

Long-term life insurance

Set of kinds of life insurance in overlapping with payment of the life annuity

Class IV

Insurance of health

Set of kinds of the life insurance providing payments of the insurance sums at disability as a result of proof damage, caused by accident or accident of the certain kind or illness or disease provided that the period of the specified insurance is determined for the term of not less than for five years, or up to achievement of a pension age insured. Thus the period of the insurance specified in the contract, cannot be cancelled or changed by the insurer unilaterally


2. Branch of the general insurance

Number of a class

The name of a class

The maintenance and requirements on conditions of carrying out

Class I

Insurance upon accidents

Set of kinds of the insurance providing payment of the fixed sum of money of insurance maintenance or monetary indemnification to the insured person at:

à) Proof damage of health as a result of accident or a special case of the certain kind, or;

b) Death as a result of a special case or a special case of the certain kind, or;

c) To disability as a result of disease or disease of the certain kind, including traumas on manufacture and occupational diseases, but excepting contracts of insurance on a class 2 and to a class IV

Class II

Insurance on a case of illness

Set of kinds of the insurance providing payment of the fixed sum of money of insurance maintenance or monetary indemnification (or a combination of that and another) charges of the insured person in connection with disease or frustration of health, but excepting contracts on a class of IV branch of life insurance

Class III

Insurance of ground vehicles

Set of kinds of the insurance providing payment of insurance compensation to loss or damage of vehicles, self-propelled machines and mechanisms, except for a railway rolling stock

Class IV

Insurance of a railway rolling stock

Set of kinds of the insurance providing - payment of insurance compensation at loss or damage of a railway rolling stock

Class V

Aviation insurance

Set of kinds of the insurance providing payment of insurance compensation At loss or damage of an air vessel, the machine equipment, equipment, stock, spare parts of an air vessel

Class VI

Sea insurance

Set of kinds of the insurance providing payment of insurance compensation at loss or damage of the sea and internal river ships, the machine equipment of equipment, stock, spare parts of a vessel

Class VII

Insurance of the property which is taking place in a way

Set of kinds of the insurance providing payment of insurance compensation at loss or damage of cargoes, luggage and other property by transportation (transportation) by various types of transport

Class VIII

Insurance of property upon fire and acts of nature

Set of kinds of the insurance providing payment of insurance compensation at loss or damage of property (except for specified in classes 3 and 7) as a result of a fire, explosion, a storm, hurricane, a downpour, a collapse, get down a ground, a landslip, action underground waters, lodging, impact of a lightning, earthquake, a nuclear energy

Class IX

Insurance of property upon damage

Set of kinds of the insurance providing payment of insurance compensation at loss or damage of property (other, than specified in classes 3 and 7) as a result of a hailstones, plentiful snowfalls or frosts, burglary and other events which have been not specified in a class 8

Class X

Insurance of a civil liability

Set of kinds of the insurance providing payment of insurance compensation at drawing of harm to the third parties (physical and legal persons) owing to use of ground vehicles and other self-propelled machines and mechanisms, including the responsibility of carriers

Class XI

Insurance of the responsibility within the framework of aviation insurance

Set of kinds of the insurance providing payment of insurance compensation at drawing of harm to the third parties (physical and legal persons) owing to use of an air vessel, including the responsibility of air carriers

Class XII

Insurance of the responsibility within the framework of sea insurance

Set of kinds of the insurance providing payment of insurance compensation at drawing of harm to the third parties (physical and legal persons) owing to use sea and internal river courts, including the responsibility of a sea carrier

Class XIII

Insurance of the general civil liability

Set of kinds of the insurance providing payment of insurance compensation at occurrence of a civil liability before the third persons (physical and legal persons) owing to the risks which have been not specified in classes X, XI and XII

Class XIV

Insurance of credits

Set of kinds of the insurance providing payment of insurance compensation at losses of the insurant as a result of an inconsistency (bankruptcy) of the debtor of the insurant or (besides an inconsistency) defaults by the debtor of the obligation to the insurant to pay off debts

Class XV

Insurance of the guarantee (guarantees)

Set of kinds of the insurance providing payment of insurance compensation at losses of the insurant as a result of his duty to execute a guarantee given to him

Class XVI

Insurance upon other financial risks

Set of kinds of the insurance providing payment of insurance compensation at:

à) Losses of the insurant as a result of interruption of business (economic activities) of the insurant or reduction of scale of the business (economic activities) which is carried out by the insurant;

b) Losses of the insurant as a result of contingencies (except for specified in a class XVII);

c) Others, than specified in items à) and á) the present class, losses as a result of realization of activity on the conclusion and execution of contracts

Class XVII

Insurance of the charges connected to a legal protection

Set of kinds of the insurance providing payment of insurance compensation at losses of the insurant as a result of suffered charges in connection with proceeding

 

 

 

top  top

 

THE DECREE

Of THE PRESIDENT OF REPUBLIC UZBEKISTAN

On January, 31, 2002 # UP-3022


About measures on the further liberalization
and to development of the insurance market

 

With a view of the further development of process of liberalization and Deepening of economic reforms in sphere of insurance services, amplifications Economic stimulus of development of the insurance market of republic, strengthening Financially technical base of the insurance organizations and their maintenance Financial stability:

1. To release since February, 1, 2002 the insurance organizations, Irrespective of patterns of ownership, from payment of the tax to the income (profit) for the period of 3 years, with a target direction of liberated means on Development of their material base, creation ramified Agency network in regions, on preparation and retraining of personnel, in that Number abroad.

2. To define, that:

- At a direction of the means liberated from the taxation, on Increase in authorized capitals of the insurance organizations in which is present the share of the state, the specified means are set off in structure of a share, belonging to the state;

- In case of liquidation of the insurance organization or the termination to it Insurance activity within four years, since February, 1 2002 Year, the sum of the tax to the income (profit) is raised in the full size for All grace period given according to hereby the decree.

3. To establish, that charges of legal persons on voluntary To kinds of insurance are subject to a deduction from taxable base at calculation the tax to the income (profit) within the limits of the norms established the legislation.

4. Item 2 of the Decree of the President of Republic Uzbekistan from October, 10, 1997 N ÓÏ-1871 « About additional measures on stimulation of export the goods (works, services) » to state in the following edition:

«To establish, that since February, 1, 2002 managing subjects Can carry out export of goods (works, services) for free Convertible currency without the advance payment, opening of the letter of credit, at presence of a guarantee of banks of the buyer or at presence of the insurance policy of export contracts from political and commercial Risks».

5. To the Ministry of Justice of Republic Uzbekistan together with The Ministry of Finance in a month to bring to the Cabinet Offers on changes and additions in the current legislation, following from the present Decree.

6. The control over execution of the present Decree to assign on The assistant to the Prime minister of Republic of Uzbekistan Azimov R.S.

President I.Karimov

 

top  top

 

THE DECREE

THE PRESIDENT OF REPUBLIC UZBEKISTAN

On February, 18, 1997 # UP-1710


About formation of the «Uzbekinvest»
National Export-Import Insurance Company

With a view of the further stimulation of growth of export, maintenance Insurance protection of the Uzbek exporters, realization complex Marketing promotion of a domestic production on international The markets of technologies, the goods and services:

1. To accept the offer of the Ministry of Finance, the Ministry External economic relations of Republic Uzbekistan, National bank Foreign trade activities of Republic Uzbekistan about transformation National insurance company «Uzbekinvest» in the «Uzbekinvest» National Export-Import Insurance Company.

To establish, that the «Uzbekinvest» National Export-Import Insurance Company is the assignee National Insurance company «Uzbekinvest» on all property and non-property To the rights and obligations.


2. To define the basic directions of activity «Uzbekinvest» National Export-Import Insurance Company:

- Maintenance of insurance protection of national exporters The capital, technologies, the goods and services from political, commercial and Enterprise risks in the international markets;

- Granting insurance guarantees of a covering export The credits allocated by commercial banks - residents of Republic Uzbekistan for financing export of technologies, the goods and services;

- The organization of the complex marketing analysis development Strategy of effective promotion of a domestic production on The international markets of technologies, the goods and services;

- Complex insurance protection of foreign investments Involved in priority branches of economy of Republic Uzbekistan.


3. To take into account, that by founders it is declared the fund capital of the «Uzbekinvest» National Export-Import Insurance Company in the size, equivalent 60 million. dollars USA, which is formed for the account:

à) A constituent payment of the Ministry of Finance equivalent 50 million dollars USA, put from:

- Own means of Uzbekinvest, equivalent 30 million. dollars USA;

- Dividends received from activity of the joint company «Uzbekinvest International» London) for 1996-1997, and capitalizations own profit from activity of the «Uzbekinvest» National Export-Import Insurance Company in the size, equivalent 10 million.dollars USA;

- Capitalizations of own profit of the company and means The Ministries of Finance of the Republic Uzbekistan, dollars equivalent 10 million.dollars USA, brought in 1998;

b) A constituent payment of National bank external economic Activity of Republic Uzbekistan at a rate of 10 million dollars. The USA, Brought in 1997.


4. The republican Commission on a monetary and credit policy:

- To consider stage by stage when due hereunder questions Convertings of the profit in soums from own activity «Uzbekinvest» National Export-Import Insurance Company in free the convertible currency directed on formation of the authorized capital The companies in 1997-1998;

- To provide to the exporters having an insurance covering «Uzbekinvest» National Export-Import Insurance Company, converting Insurance compensation, paid in soums, in hard Currency, in the sum corresponding to obligations of the company;

- To assist in realization of the problems assigned to the company.


5. To establish, that according to the international norms The state export insurance, the guarantor on insurance To obligations of the «Uzbekinvest» National Export-Import Insurance Company, coordinated with the Government of Republic Uzbekistan, The Ministry of Finance of Republic Uzbekistan is.


6. To release the «Uzbekinvest» National Export-Import Insurance Company and its territorial branches on five years from payment of taxes to the income and property, having established, that all âûñâîáîæäåííûå from the taxation of means go on increase The authorized capital and insurance (reserve) fund of the company.


7. To the cabinet in week term to accept the decision on To questions of the organization of activity of the National company export Import insurance «Uzbekinvest».

 

The president

of the Republic of Uzbekistan

I.Karimov

 

top  top

 
24/03/2008
Copyright © 2012, NEIIC "UZBEKINVEST" ru uz