GENERAL INSURANCE MEDIATION
Frequently Asked Questions (FAQs)
Q: If I am not sure if a general insurance mediation business-related activity needs authorisation from the JFSC can I ask you for advice?
Certain types of insurance intermediary business are regulated under the provisions of the Financial Services (Jersey) Law 1998. JFSC staff will be happy to provide general explanations of what activities that law covers. However, JFSC staff cannot provide legal advice in respect of specific circumstances. If you are in any doubt as to the position you should seek legal advice from a Jersey law firm.
Q: How can I find out if a general insurance mediation business is regulated by you?
Please click here for the list of entities regulated by the JFSC to undertake general insurance mediation business.
Q: What can I do if I have a complaint against a general insurance mediation business?
In summary, your first step should be to raise the complaint with the regulated entity itself and then, if you remain unsatisfied, contact the Channel Islands Financial Ombudsman using the details below:
Channel Islands Financial Ombudsman (CIFO)
PO Box 114
Jersey, Channel Islands
Tel: +44 (0) 1534 748610
Please click here to view the JFSC’s guidance on consumer complaints.
Q: How do I apply for a general insurance mediation business licence and what information is required?
The JFSC welcomes applications from businesses wishing to operate in or from within Jersey.
Although JFSC staff will be pleased to explain the regulatory regime, they cannot provide legal advice. Most potential applicants seek legal advice at the time of approaching the JFSC, or at least prior to making a formal application. If the applicant is a business new to operating in Jersey, a legal adviser will also be able to offer advice regarding the Island’s housing and employment regulations.
There are various documents published on the JFSC’s website which you may wish to read relating to the application process. Alternatively, JFSC staff will be pleased to explain the process to you. Key policies include the licensing policy, the outsourcing policy and the Island’s Anti-Money Laundering requirements. Most applicants find these policies clear and practical, reflecting good commercial and regulatory practice.
Once you are comfortable with the regime and have concluded that you want to progress a formal application, the JFSC would be pleased to receive the following documentation:-
For Classes P, Q, R and/or S
A completed Application Form, including the application fee.
For Classes P and/or Q
A completed Personal Questionnaire for each of the principal persons (as defined in the Financial Services (Jersey) Law 1998) including consent to seek a police check and the appropriate supporting information – e.g. financial statements/business plan.
The JFSC will acknowledge receipt of your application and begin the assessment process. This process includes looking at the ‘fit and proper’ status of the applicant, the principals behind the business, and those principals who will be managing it. The JFSC will request references from other regulators in other jurisdictions where you operate.
The JFSC will keep you informed of the progress of your case and will revert to you for missing information or clarification if anything is unclear. The JFSC aims to approve applications, or provide the reasons why it is unable to approve an application, within two weeks of receiving responses to any final queries. Overall, the normal time to progress a successful application is in the region of six weeks.
Q: We are licensed to conduct general insurance mediation business elsewhere (in our home jurisdiction) but we have been approached by a person resident in Jersey wishing to take out a policy through us. Do we need to be regulated in Jersey to provide this policy?
The Financial Services (General Insurance Mediation Business (Exemptions)) (Jersey) Order 2005 provides for an exemption from the requirement to be registered where, among other things, the business is unsolicited.
Article 3(2)(b) provides that the requirement to be registered does not apply to an overseas person who carries on insurance mediation business where the business is carried on with a person in Jersey as a result of a request made by the person that was not solicited by the overseas person.
If you are in any doubt about whether or not this exemption applies to you, the JFSC recommends that you seek independent legal advice from a Jersey law firm.