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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 5, 2010 No. 504

About cases of admissibility of agreements between the insurers working at the same goods market about implementation of joint insurance or reinsurance activity

(as amended on 26-08-2013)

According to part 2 of article 13 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed general exceptions concerning agreements between the insurers working at the same goods market on implementation of joint insurance or reinsurance activity (further - general exceptions).

2. Determine that:

general exceptions are effective within 10 years from the date of entry into force of this resolution;

the agreements between the insurers working at the same goods market, on implementation of joint insurance or reinsurance activity, signed before entry into force of this resolution if the cumulative share of insurance premium by the form (types) of insurance or insurance risk (insurance risks) under the agreements signed within such agreements by his participants in the corresponding goods market exceeds the share established by the subitem "g" of item 4 of general exceptions are recognized admissible for the term which is not exceeding 1 year from the date of entry into force of this resolution.

3. The insurers having intention to sign among themselves agreements on implementation of joint insurance or reinsurance activity which can be acknowledged admissible according to the antitrust law of the Russian Federation taking into account the general exceptions having the right to file in antimonopoly authority petition for check of compliance of the draft of such agreement to requirements of the antitrust law of the Russian Federation according to the procedure, the stipulated in Clause 35 Federal Laws "About Protection of the Competition".

Russian Prime Minister

V. Putin

 

Approved by the Order of the Government of the Russian Federation of July 5, 2010 No. 504

General exceptions concerning agreements between the insurers working at the same goods market on implementation of joint insurance or reinsurance activity

1. This document is applied to the agreements between the insurers working at the same goods market, on implementation of joint insurance or reinsurance activity (further - the agreement), signed in writing by insurers.

2. This document is not applied to the insurance contracts or reinsurance concluded by several insurers or overcautious persons with one insurer and also to the agreements signed for insurance of valuable interests of one insurer.

3. The agreement cannot be considered as admissible if:

a) the agreement determines:

conditions which bring or can lead to establishment or maintenance of rates (discounts, allowances and markups) on insurance of the corresponding insurance risk (risks) or object of insurance;

requirements to reinsurance of insurance risk (risks) which bring or can lead to establishment or maintenance of rates (discounts and allowances) on insurance of the corresponding risk (risks);

penalties, penalty fee and other financial encumbrances in connection with exit of the participant from the agreement;

conditions which bring or can lead to market sharing of services in insurance (reinsurance) of the corresponding risk (risks) on territorial sign, suppliers or consumers of services;

size (structure) of insurance rate or insurance premium;

to include obligation of agreement parties in the insurance contracts of condition signed by them about obligation of the insurer to sign other insurance contracts with the insurer - the agreement party, about the right of the insurer unilaterally without written consent of the insurer to change terms of the contract of insurance;

conditions of refusal of the conclusion of contracts with certain insurers and (or) insurers;

b) the agreement party or the insurer entering one group of persons with the agreement party at the same time is participant of other agreement concerning the same type (types) of insurance or insurance risk (insurance risks) in the same goods market.

4. The agreement is recognized admissible if the following conditions are in total satisfied:

a) the agreement is signed for the purpose of implementation of joint insurance or reinsurance activity on specific type of insurance or the list of types of insurance, and also concerning certain insurance risk or several insurance risks in the corresponding goods market;

b) the agreement establishes the procedure of voluntary exit from the agreement (refusal of participation in the agreement) on condition of the written notice of agreement parties no later than the terms established in the agreement which cannot constitute more than 6 months;

c) agreement parties solidary answer to the beneficiary for payment of insurance indemnity or insurance sum for the agreement of joint insurance or reinsurance;

d) the cumulative share of insurance premium by the form (types) of insurance or insurance risk (insurance risks) under the agreements signed within the agreement by his participants does not exceed 20 percent in the corresponding goods market. If the agreement is signed for the purpose of implementation of activities for reinsurance, the cumulative share of reinsurance premium to the agreements signed within the agreement by his participants cannot exceed 25 percent in the corresponding goods market. The cumulative share of insurance (reinsurance) premium by the form (types) of insurance is determined by the agreements signed within the agreement by his participants percentage of the total amount of the insurance premium collected by insurance companies in the corresponding goods market, information about which size quarterly is placed on the Internet according to Item 5 of article 28 of the Law of the Russian Federation "About the organization of insurance case in the Russian Federation". The cumulative share of insurance (reinsurance) premium under the agreements signed within the agreement by his participants is determined by federal antimonopoly authority according to the procedure for carrying out the analysis of competitive situation approved by it by insurance risk (insurance risks). This subitem does not extend to agreements during terms, stipulated in Item the 5th this document, and also on agreements which conclusion is provided by the Federal Laws or acts of the Government of the Russian Federation or follows from international agreements, conventions and contracts, and for agreements of insurers concerning civil responsibility insurance of risk of causing by radiative effects of damage of life, to health and property of the third parties and risk insurances of damnification to valuable interests of the insurer (beneficiary) as a result of act of terrorism;

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