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Terms Of Business Agreement (Insurance) for Saudi Arabia

Terms Of Business Agreement (Insurance) Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes the terms and conditions for business relationships between insurance companies and their intermediaries. The document complies with Saudi Arabian Monetary Authority (SAMA) regulations and includes provisions for commission structures, operational procedures, compliance requirements, and service standards. It incorporates specific requirements under Saudi insurance laws and regulations, including provisions for professional indemnity, regulatory compliance, and where applicable, Shariah compliance requirements. The agreement serves as the primary framework for governing the business relationship between insurance providers and their distribution partners.

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What is a Terms Of Business Agreement (Insurance)?

The Terms of Business Agreement (Insurance) is a crucial document used to establish and regulate the business relationship between insurance providers and their intermediaries in Saudi Arabia. It is required whenever an insurance company engages with brokers, agents, or other intermediaries for the distribution of insurance products. The agreement must comply with the Law On Supervision of Cooperative Insurance Companies and related SAMA regulations, incorporating specific requirements for professional conduct, financial arrangements, and regulatory compliance. It typically includes detailed provisions for commission structures, service levels, compliance requirements, and operational procedures, while also addressing specific Saudi Arabian regulatory requirements such as anti-money laundering provisions and, where relevant, Shariah compliance standards.

What sections should be included in a Terms Of Business Agreement (Insurance)?

1. Parties: Identification of the contracting parties - typically the insurance company and the intermediary/broker

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Authority: Details of the intermediary's authorized activities and limitations

5. Regulatory Compliance: Obligations regarding SAMA regulations and other applicable laws

6. Duties and Responsibilities: Key obligations of both parties including service standards

7. Commission and Payment Terms: Structure and timing of commission payments and other financial arrangements

8. Documentation and Records: Requirements for maintaining records and documentation

9. Confidentiality: Obligations regarding confidential information and data protection

10. Professional Indemnity: Requirements for professional indemnity insurance and liability provisions

11. Term and Termination: Duration of agreement and termination provisions

12. Dispute Resolution: Process for resolving disputes under Saudi Arabian law

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

What sections are optional to include in a Terms Of Business Agreement (Insurance)?

1. Shariah Compliance: Required for Islamic insurance (Takaful) arrangements

2. Digital Services: Include when the relationship involves digital platforms or online services

3. Group Structure: Required when dealing with insurance groups or multiple entities

4. Claims Handling: Include when the intermediary has claims handling authority

5. Risk Management: Required for relationships involving complex risk assessment responsibilities

6. Marketing and Branding: Include when the agreement covers marketing activities and brand usage

7. Training Requirements: Include when specific training obligations exist for the intermediary's staff

What schedules should be included in a Terms Of Business Agreement (Insurance)?

1. Schedule 1 - Products and Services: List of insurance products and services covered by the agreement

2. Schedule 2 - Commission Rates: Detailed commission structure and rates for different products

3. Schedule 3 - Service Levels: Specific service level requirements and performance metrics

4. Schedule 4 - Compliance Requirements: Detailed regulatory and compliance obligations

5. Schedule 5 - Operational Procedures: Detailed procedures for day-to-day operations

6. Appendix A - Required Forms: Standard forms and templates to be used

7. Appendix B - Contact Details: Key contact information for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Saudi Arabia

Publisher

Genie AI

Cost

Free to use

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