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Devletin sigorta şirketleri ve acenteler üzerindeki mali ve hukuki denetimi

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  1. Tez No: 27310
  2. Yazar: MEHMET HAKAN SARAÇ
  3. Danışmanlar: DOÇ. DR. MÜJDAT ŞAKAR
  4. Tez Türü: Yüksek Lisans
  5. Konular: Sigortacılık, Insurance
  6. Anahtar Kelimeler: Belirtilmemiş.
  7. Yıl: 1994
  8. Dil: Türkçe
  9. Üniversite: Marmara Üniversitesi
  10. Enstitü: Sosyal Bilimler Enstitüsü
  11. Ana Bilim Dalı: Sigortacılık Ana Bilim Dalı
  12. Bilim Dalı: Belirtilmemiş.
  13. Sayfa Sayısı: 116

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83 MARMARA ÜMVERSITY BANKING AND INSURANCE INSTITUTION INSURANCE DEPARTMENT THE FINACIALAND JURIDICAL SUPERVISION OF THE GOVERNMENT ON THE INSURANCE COMPANY AND AGENCY MASTER THESrS (Appendix) by M. HAKAN SARAÇ Supcr^ton. Doç Dr. MÜJDAT ŞAŞAR ISTANBUL 199484 CONTENTS Sayfa No CONTENTS. 84 I-THEAİM, COVER, AND HISTORICAL DE\/ELOPMENT OF THE STATE SUPERVISION IN INSURANCE 57 A-Tke Aim of The Insurance supervision 57 B- The Inclucion of The Insurance Supervision 55 I-The Supervision as a Matter of Subject 55 2-The Supervision as a Matter of Time, 89 3-The Supervision as a Matter of Place, 89 C- Historical Development of The Supervision, 89 I -Historical Development in General 89 2 ~ Historical Development in Turkey. 90 D- Supervision System 92 J -Clearness System 92 2~Rcgular System 93 3-Permission System 93 4-Material System 93 H- SOURCES OF THE SUPERIWN AND THE AUTHORIZED ORGANS. 94 4- The Sources of the Supervision 94 J '-Laws and Regulation. 94 2 -Instructions., 95 3-Gcncral Condition of Insurance. 96 4-The Instructions and Prize List of Insurance 96 5- The Circular Publiched Tteasur, ancr Farcing Trade Convda rskip..... 9“85 6-The Oraslar Published by Insurance Supervisory Office 97 7-Courts Decision and Doctrine. k 97 B-The Authorize! Organs to Supervision. £5 1- In Turkey. 98 2- In Other Countries. 99 HI- THE SUPERVISION OF THE INSURANCE COMPANIES AND AGENTS 102 A-The Supervision of The Insurance Company 102 1-Legal Supervision 102 a- The Permision of Establishment and Licence. J 03 b-The Obligation While Working. 104 c-Uguidation, Bankruptcy and Portfole Transfer. 105 2- Supervision of Financial Structure, 10$ a-The Main Subject Take into Consideration While Supervision... 106 b- The Contents of The Supervision Report 106 B-The Supervision of The Agents 107 1 -Supervision Systems. 108 a- Supervision Arrengedby the Company 108 b-The Conditions of The Acceptions Professions and The Control by Court 108 c-Working Licence and Administrative Supervision System. 108 d'Permixum and Control System br The Profession Foundation.. 10986 2- The Gavermmt Supervision on The Agents in Our Country. 109 i-In the Establishment Stage. 109 ii-During Working., 110 iü-ln the Refinement Stage of the Agent 110 TV -CONCLUSION. Ill87 I-THEAIM, COVER AND HISTORICAL DEVELOPMENT OF THE STATE SUPERVISION LN INSURANCE A-The Aim of The Insurance Supervision The Supervision is important in the insurance sector. Insured is not enough to knowledge and experements in tins subject. The aim of the insurance is to protect the policy holder agamts to the injustices faced in this sector. Beside this, the other aim the supervision is to improve the Turkey's insurance sector and continue security in sector mid to provide fund created from this sector, for osuing the economic development. Insurance Company is established as a capital company.That's why. the}' are subject to externa] supervision besides internal suervision. One of the aim of the external supervision is to provide a strong finacial structure and adequate solvency for the company. The most important liability revealed from the the insurance contract is compansation of losses. îf the companies dont compansate their financial liabilities, this caused unjust treatment for the policyholder, on the other hand, it will harm for the social and economic activity. The other purpose of the insurance supervision Is to determinate the conditions of the insurance contract is fullfiiled or not Insurance contract has ir be local. The contract winch is contrary againy Use Ibws is to be nor -valid. if a contract is non-valid and this is not known by the policyholder, in this case. ns harmful for the policy holder. These are prevented by the state supervision.88 The other purpose of the supervision is to provide the total premium to canalized to the productive area with the productive instruments. Insurance sector is a financial sector as silking. The fund in insurance is too onsequancs for economy. In addition to them ”prevention of sources going out and keeping in our country is an other reason for the insurance supervision. B~The Inclucion of Insurance Supervision Essentially.this control of the goverment protects the the benefits of the insured people in one hand and in the other side it encourages the insurance enterprises and the development of the insurance sector which is one of the most branches of economy. The goverment is subjected to some limitations of subject, position and time while osing his supervision authority. These are explaned in the following. 1- The Supervision as a Matter of Subject : The limit of the govement supervision on the insurance companies aboutt the subject is angaged with which enterpies are insured activities.This can be done by giving definitiory of the subject of insurance or regulations or instructions about the procedure of insurance activity. The Law of Insurance Supervision dated 19S7 points out îhaî al! the insurans companies and agent? experts.staff of insurance and other insurance aîîairs and then the activities organizing the study of these are given. Detailed knowledge is given in the regulationannounced based to the lawas 2-The Supervision as as Matter of Time : There is a supervision as a matta of place on the insurance companies. The activities of insurance in the country are subjected to the supervision. To decide which activity in a inner or outher country affair, can be a problem. The place of the contract may not be the right place to decide this. Also the place where the centers of the companies are found is not a right criterion. Insurance is a contious sector and the inner affairs can be englarged in the futurcln our law, the place is the place where the insurance affairs takes place but not the residence of the company center.The goverment has no authorty of supervision on the outher country affairs. 5- The Supervision as a A fatter of Time : Alife of an insurance is very long. During this long time beginning with the establishment in every stage of the work and even when refinement the goverment has subject the companies to supervision. Of cource for every seperate stages there are laws and instructions ao regulations to obey. C- Historical Development of the Supervision : I- Historical Development in Centre! : In teh several countries. the procedure and the affairs of the insurance are not only left to the genera! laws but special regulations and instructions have come into forced the supervise such an important branch of economy. The aim of supervision h to subject the90 benefits of the insureds people and public In me 16. 17. century, it was believed that, insurance was an unnecessary sector. The permission was given only when it was thouth that it would give a rise to the wealth of the govenneni In tje 18. century, the insurance sector was tougth to give encouraged to the tax giving of the public and thşs reason it was subject to the supervision and also private supervision committies way. Inthe 19. century, with the liberalism, the general princible of the economic system“laises faire laises passer”way dominated in the insurance sector and many counties left the insurance activities free. The supervision was lighter than any other time and the hard ones was lightened. Of cource,this was good for the development of the sector buy not so good for beneit of the development and the losses of the public had to force the supervision to be subjected harder with the second half of the nineteenth century. The European countries had looked ova their laws and regulations one atta the other. Firstly in Germany and Switzerland, the harder laws oh-f the goverment came into force then Denmark, îngland, Ireland and Holland. Lastly, supervision is subjected to the sector Iceland in Î974 and in Malta inl981. 2- Historical Development of Supervision in Turkey : Tbf first insurance affairs m oır country wa? seen since the second half of the nineteenth century These are,o\' cource the real insurance affairs not the ones before this time in the villages of Anatolia called to be social solidarity.91 The insurance sector has a delay with the European countries because of the religion believes. The first article is the 29. article of the dated Trade Law. The public had a very cold look into the insurance sector for a long time. The big fires after 1850 in Istanbul in 1865 and 1870, had positive effects on the development of insurance sector in our country. After these fires, the forcing insurance companies opened some agents in our country. And in 1889, they were fifteen. They had answered the needs but there was no supervision on them. This was a problem so in 1889 a regulation was declared to solve the irregularity. Then many other regulations and laws come into force in 1893, 1906, 1908 and 1914 unti the Declaretion of Republic in 1923. After the Declaration of Republic, the regulations and instructions had come into force about the affairs of insurance and the establishment and working prosedures of the companies.These Lawws were in order in 1926, 1927.1929 and 1938. After 1938 in 1953, 6085 numbered Highway Traffic Law had come into force. In this law, the regulations of the traffic insurance was explained in detail, This Law also detailed the legal responsibility insurance. In 1957. Turkish Trade Law was organized again and in it the detailed registration way put about the insurance. The Fifteen Book of this 6762 numbered Law was seperated to insurance. Also in 1959s a new supervision law prepared for the missing parts. According to this Law in 1962, The Insurance Supervion Committe had come into life to use the authority of supervision in the name of the Ministry of Trade. This Committe sisce its establishment organises all the procedure? with also ttr- regulations. In 19S7. the 1959 dated 7397 numbered Law had changes with 3379 numberedsı of today. In the same year, the services of the insurance companies was done with The Prime Ministr. In December 1987, the Law forced had given all the services and authority of the Turkish and foreing insurance companies to teh Primership from the Ministry Trade The last development about the control place of insurance companies is done 1994 dated but it wascanceled by the Constitution Court Insurance sector has got a long way in our country in the last years and several laws and instructions have come into force for the development and progress of this very important branch of the economy. D- Supervision System : There are four groups of st-ystem known about the supervision of insurance sector. These are.clearness, regular, permission and material system. 1- Clearness System : In this system, the insurance companies send their report thai are according to the instructions indispensable for them regulary and the supervision office controls them. The supervision office investigates only if these reports are send regularly and if they are prepared in the way the)' should be. Other subject are left out of control. The companies must announce the changes in their position due to the beginning conditions. When a problem is facet!.the supervision office can want from the companies to make some measures We can say that in such a clearness system as in England. the insurance companies are controled by tlie public not by the goverment. The disadvantage of this system is thai, the technical part of such a complicated sector as insurance can be hard and misleads!» for the public.93 2- Regular System ; In this system, all the rules that the companies should obey are explaned by the laws. The intervention of the goverment on the insurance companies are also explaned by the laws. In this engle of vision the companies are limited only by the judgements. hi this regular system no weak system are allowed to work in this hard sector. Regular system is used in Holland. S- Permission System.The most distinctive property of this system is that a company having all the conditions and to get a working licence to start working. There is an office having the authority of the determining the establishing of a company.Today in our country, as in the most European countries, after the establishment of a company, there is an obligation to get a licence to start working. 4- Metariat System : This system combines some properties of the three system axplaned above. The goverment has a very violent authority on the insurance companies in every subject. The goverment supervision starts before the establishment stage.till the retirement time. All the prosedüre of the insurance have detailed rules and companies are subjucted to a very widely and detailed supervision in this system. A commissionery can be send to the meetings of the board of directors of the companies And the judgement punishments against the companies that work out of the laws and the ones that cani protect the benefits of their customers are very heavier than the other svstem.94 U -THE SOURCES OF THE SUPERVISION AND THE AUTHORIZED ORGANS A- The Sources of The Supervision : We can arrange to sources to supervise the insurance sector.^uch as laws, law forces decrees, decrees, regulations, general conditions, judgements, and various notifications. Since the second half of the nineteenth century, when the insurance was to begin in our country. The regulations has come into forces. The laws of the insurance sector are given in the following, 1- Laws and Regulations : Turkish Trade Law Book 5 ; the fifty book of this 6762 numbered law is the source to look first law of insurance titled this fifth book contains the articles of insurance between Î263 and 1459. It contains for sections, they contain the definitions and then the goods Jile and accident insurance arc arranged. Depts Law ; an other law to look from the TTL is the 22.4.1926 lated 818 numbered law. As told in the 1264 numbered article of TTL. If if s not sentenced in this book.the judgement of the debts law are put in to practice The judgements of TTL other then the fifth book ; in the first book of the law. the statements that arranged merchands, unjust competition, traditional notbooks, current accounts. agent section, in the second book titled traditional companies, shore companies95 and cooperatives. în the third book titled securities the judgements, in the forth book titled maritime trade the maritime stadements and see casualties are told to be soueces to be applied every time Turkish Civil Laws ; an other law that includes statements about insurance is the 04.10.1926 dated 743 numbered TCL. to this law, the articles 405, 456, 509, 724, 739; 791. have statements about insurance procedure. 24.04. 1969 dated 1163 numbered Law of Cooperatives ; insurance companies can be share companies an dalso they can be ccoperatives. In practive cooperatives law is used about the arrangement of the companies which are set up to be cooperatives. In our country, the only ccoperative insurance conpany is the Birlik Insurance Cooperative. The Highway Traffic Law ;ifs 2918 numbered and 1985 dated. It arranges the financial responsibilities of the owners of vehicles and the application of guarantee fund. Insurance Supervision Law ; this law has come into force with 7397 numbered and 25.12.1959 date but had some changes with the 1 1.06.1987 dated and 3379 numbered law. It is the second sources of the private insurance law after the TTLAs told in the first sentences of the law, the main aim of it is, to supervise the companies and the persons that are intrested in insurance. Other Laws; there are other laws dated 1 160 numbered 25.06.1927 dated, 17555 numbered 25.12.1981 dated and 862 numbered 28.09. 1962 dated. 2- Instructions : The instructions are prerared to help !hr laws and regulations in such a chancab'e sector insurance and they have very important functions.Today, wer havesome instructions96 to organize thin insurance sector. Most important ones are told in the following. The instructions about the establishment and workig priorities of insurance and reinsurans companies (12.01.1993 dated). The insurance about the intermediary of insurance and reinsurance (24.10.1991 dated). The instructions about the experts insurance 11.05.1992 dated). The instructions of guarantee fund (10.08.1992 dated). The instructions about the staff of comittee insurance of supervision (20.05.1979 dated). The instructions abour Turkish insurance and reinsurance companies associations motorized oöice(26.10.1991 dated).The instructions about the studies of TI and RCA (30.01.1989 dated). 3- General Conditions of Insurance : These general conditions of insurance which are the article 1226 of Turkish Trade Law and the article 88 of law of insurance supervision are arranged by HDTM. These arranges the rights and that of insured peopel and the insurance companies from each other. And thearticle 28 of the law of supervision of insurance says taht under no other conditions can the companies do any treatment 4- The Instructions and Price List of Insurance : The price üst of insurance out out which percentage,the ossurange can be given and how much the insurance prices would be.The instructions determine how the price list are used. Since 1990, in our country partial free price ha^ been used.So the companies prepare their price list and they try to get approvel from the Treasure in life and compulsory insuranccln the other branhes, free price list are used exactly.97 5- The Circular Published Treasury and Foreing Trade Concelarship : Jn 1987, december with the 383 numbered law forced decree ail the authority to supervise the functions of the national and foreing insurance companies given to the industrial and Trade Ministre where transfered to the Prime Ministre. HDTM uses this authority as the control flow of insurance companies. HDTM also, declares some instructions for the development of insurance sector and for the solition of the problems this sector faces. Some of them axe in the following About cemrel agents 1993 dated 5213S\07-01 numbered. About the delays of indeminity pays 1993 dated 5213S\11-01 numbered. About the insurance policy with foreing currecy 1993 dated 5213S\900-01 numbered About the summaies of three mountry account January 1994 dated 3295 numbered. 6- Circules of Insuarance Supervision Office : The circules thai Office has publihed are also very importand for the progres and development of the insurance sector, besides if s a begin a good source for the supervision of insurance. Some of this circules are 1992 dated free price application again 1992 dated about traffic guarantee fund. 1993 dated procedures of supervision of insurance companies.“- The Courts Decision and Doctrine : Thf judgements of the court? that are interested in insurance st-Cio: fuse are very importand sources. The judgements are very instructive about the unclear praeudure in the laws.Besides al! good help can be get from the peopel who are expert and experienced about insurance.s® B- Authorized Organs to Supenice: 1- In Turkey: The supervision of insurance companies are made since existence of first law of insurance supervising. The first authority of supervising was on the Trade Ministry, in the name of later. Since 1962, there was a department in this Ministry which was set up to supervise the insurance companies. Hie supervising authority to a new depertment Insurance Supervisory Office. In 1962, with chaged in the 1959 dated 7397 numbered law of Insurance Supevkon Law. In the 25.08. 1962 dated statue it was regulated that, this committe would consist of a chief and four members and experts, assistants and the office staiîe and the centra! office was to be in Istanbul. In 3987 dated. 383 numbered law forced decree all the authority given to the Trade Minisny was transfered to the Prime Ministry about the functions and services of all the Turkish and forcing insurance companies. Today, the control place of the private insurance companies is the Prime Ministry The authority of the Prime Minstry is used by the HDTM The produce is done by the Councelarship, with Bank and Forcing Exchange General Office. Finacial and legal of insurance companies are done by Insurance Supervision Office. The last development about the place of insurance is June 1994 dated. But this law force decree is concelcd by the Constutrtion Court. The last point to be told here, is thaf the judgement way the decisions of authorised organs ofis open supervision decisions. -\!! the decisions at the Prime Ministr*1 '? this dis^oss? cai? be carried to the St?.te Crrsc;;;1 appealled.99 2- In Other Counties : Some arregements of private insurance laws and the offices that are authorized to supervized them in some oma countries. In Australia ; in this country, the most authorized office about insurance is the Treasury'. Life and non life insurance committies study as to licence and supervise in the directions of the treasury. Insurance companies appeal to the treasury to established. The working licence in life and non life are gived seperatry And insurance prosedure is open to supervision. But the forcing reinsurance companies and forcing companies that accept reinsurance are left out of supervision. The laws of the supervising the life insurance companies has come into force in 1945, and the other life insurance companies has come into force in 1973. Sometimes. same changes are done on this laws.Lastly in 1984, a law has come into force that authorized all the life. non life insurance companies, and brokers and agents. In Canada. insurance companies appeal to the Ministry of the working licence linans of seperate has branches arc given seperatcly.The authority is given to insurance to insurence depertent whch is loyal to the Minisrty This depertment is seperated in to two pans. Life and non life. Every insurance subjects accept sea insurance is supervised. Forcing reinsurance companies are let! out ol' supervision. In 1932. the ”Canadian and English Insurance Companies Lav“ has come into force to determine to princiblcs supervision of the insurances companies. of natrvr Canadian find forcing English companies. there is an oilier ]n\v t(> çupçrvisc the othc foreinn countries. In France, the licence given office is the Ministry of Economy and Finance. The genera' supervision is done by the insurance committe. A special supervision of a branch is100 done by the control of the supervising committee. All direct insurance procedure is supervised but reinsurance is also here left out of supervision. So, the native and forcing reinsurance companies are said to be out of supervision. The princibles of supervision of insurance companies are determined by the laws of dates 1898, 1905, 1917, 192İ,1935, 1937 and 1976. In Germany, insurance supervision committee is the office that has the power to give the licences. This office is called ”Bundesaufsichtsamî“. This committee studies unda the directions ofthe Federal Ministry of Finance. The working licence of life and non life insurance are given seperatery. All the direct procedure can be supervised. Reinsurance in Germany is indirectly dedected. The forcing insurance companies are left out of supervision. The first law including the direct insurance produce has come into force in 1901. In 1931, with a new law, the area of supervision was emended. Afew changes was done in 1973 and the last arrcngenients of insurans was 1 983 dated. In Italy, the most powerful! office is the Ministry of Industry and licevce are given by them.The supervision power is given tothe institude for supervisee of private insurance ISVAP. The ministry replies the ask for licence in six months and if the answer is negative, the judgement way is open.İfa licence is given but the company has not come into work in a year, is canceled. All the insurance and reinsurance prosedüre are supervised by ISVAP. But social insurance assocation is left out supervision of their unters are out of country. The first law of insurance and non We insurance are 1923 dated in Italy. The others are in the following vears. 1959 J 969.. 1978, !QS2 J 986.101 In Japon, Ministry of finance is powerfull office in insurance. This Ministry can give the working licence and depertment of insurance in this ministry s has the authority of supervision. The first part is in charge of life and the second part is in the charge of non life insurance. The control part is in charge of supervision. The judgements way againts the govennent authority is open. All the insurance and reinsurance in Jopan is supervised. So. all the native and forcing companies are controled in orda. In Netherland, the only authority is given to the ”Vcrzekeringskamer“ It has only authority of giving licence and supervision together. Life insurance and non life insurance licence are given seperateiy to the companies. Judgement againts the a negative answer is open. All the direct insurance prosedüre and reinsurance which is done by direct insurance companies are subjected to supervision. Profesiona! reinsurance companies and nativel insurance companies are oirt of supervision.But the procedure of the forcing companies in the country Is subjected to supervision. The law of insurance had some changes in Î9S6. The supervision on companies are specially related to finace and accountancy. In Switzerland, the law and federal production office is the authorized olîfıce in the insurance in this office. A seeraicry is found to interest the insurance procedure. The supervision is done by federal private insurance office..Alî the supervision is made by this office. The Ministry' is open to object to the goverment determinations. The licence of a company is canceled,if it does not come into work in six months All the companies except the forcing reinsurance companies are subjected to supervision in this country. Some native procedure such as social insurance i« left out of supervision. The law of today had come into force in 1C?~K r.?, ¥ÜKSBKÖ?RE3ÎM Kl*^ DOKÜMANTASYON MERKEZİ102 In England, the authorized office is the secretaryship responsible for Industry and Trade.There is a department for insurance in this secretaryship and the working licence is given by it. The judgement way againts the determinations of the govennent is open. All the direct insurance companies and reinsurance are subjected to supervision. The procedure of the forcing companies in the country is also detected to supervision. The first law had come into force in 1870. And it was about life insurance. The following laws way in 1896, 1909, 1923. Also later.some changes had come into force in to following years. In 19SÎ,there was a stud\' to make them conpatible to the directions of Europe. TU- THE SUPERVISION OF INSURANCE COMPANIES AND AGENTS A- The Supervisor* of Insurance Companies : All the insurance companies in our country where the supervision of the goverment is materia] are supervised during their services according to the legal, financial and technical angles of vision. The aim of the legal supervision is to check the national and forcing companies if they respect to the laws or not Besides, this the financial supervision of the company is an essential part of supervision. Only a very strong structured in finance company can protect the benefits of the insured people. This is also very important for the economy of the country and for the whole insurance sector. /- Legal Supenision : The source of legal supervision is law which has come into force in 19S7 with 33~9 ::umber insurance supervision law. As told in the first sentence ofûıis law. all the companies103 and the persons who deal with insurance are supervised according to this law by the govennent The supervsion rules and ass^nments the companies from their establishment refinement are told in the following. a- The Permission ofEsiabBshment and Licence : hi our country, the insurance companies has to get permisions to establish and work one in the begining for establishing and later for licence. Insurance companies first ask for to establish to the under secretaryslup with an application. Besides, this application, there must be main contract of the insurans company and all the documents about branches of insurance and the working conditions.The company promoters shouldn't have any previous conviction. With the some other prosedüre and an application the promoters ask for to the under secretaryship to get an answer in two months. Our regulations also want a working licence to work after the permission of establishment. After the application of the promoters to the under secretaryship and after the resource of this document the ones that are just right can get then- licence from the under secretaryship. When the licence is taken, the company can begin to work as soon as it wants. The most important things to be careful! about is that every branch has a separate licence. This licences are taken only for the centers not a new licence is necassery for every branch office.104 * - The Obligations While Working : The insurance companies and branch offices can begin work after getting their licence. These are no differences between the native and foreing companies in our regulations. While working the most important, and the first rule is to make know any changes about their declarations in a month. The permisson of the under is necassery to go on working when a change of the begining conditions. As I expect in the laws and regulations, the insurance companies cant work in any other sector then insurance. An other important subject is the delays of imdeminiry pays m the law,it is pointed out that these would be procedure by the instructions. The most important thing of the development or working of this sector is the any time price payments. While working an instruction company must keep its account and registrations open and ready to any supervision. An any also case, about the accounts and registrations.company the ÎC must annource the true valves in a week after the mistakes is declarete to it Whh the instructions, the insurance companies do exactly life insurance procedure and the nonlife procedure seperatery. Life insurance is a very important branch and the supervision on that branch is very great and the company nearly has no great competens on the price of life insurance policies Insurance companies have to prepare summeries of have knowledge about the financial power of the companies. This summeries are sent to the under secretaryship and committee. It has the authority to make the measures also to go to the judgements about the companies who are not proper with the laws and the regulations or the instructions.105 c- LiguidatUm, Bankruptcy and Portfofy Transfer : Incurance is an economic affair which is directly about specialization. Supervision is necessary for insurance the control of the financial an the conomic power of the companies and so, the protect the rights and benefits of the insured. The goverment control is also used during refinement life me establishment and working time. The working of an insurance company can be stopped for several reasons and ways. But in our regulations and instructions putting an end to the working of in insurance company is the last ways when a problem is faced. This is because,the insured people benefits are not protected so, undersecrataryship gives enough time company to put affairs rights. While this time.something that the goverment wants, must be done by the company a result of the supervision after a series of healing if it can't come over the problems, the licence of the company is canceled. These companies are announced by the Undersecretaryship by three newspapers one to be the formel four times with fifteen days intervals. 2- Supervision of Financial Structure : Insurance sector is a foundation that sells assurance. They give assurance of possible demadges in the future. Because of this the company must be strong enough in financial subject edaquate the demages untimely. The insurance companies t are subjected îr (he v(3trh' financial supervision of the experts of Insurance Supervision Office. The topic- of this supervion is told in the following.106. a- The Main Subjects Taken into Concederation While Supervision : firstly, the company and its inner organizations are introduced. These are the establishment date, the capital quantiy names of the last in the studying branches, number of agents, members of board of directors, dury periods, the name of maneger and his assistends, number of staff and their educations Besides them, an instroductions of the company made before financial supervision the accounts of the company must be investigated, gain and loss analiys must be done, the analizes of the ratio expences. to general expences must be done the investigation of the collected prices must be done to find if they are deposited in good ways or notAlso registration of the accounts are supervised to look if they are entered in the registore as told in the laws or instructions of the government There is supervision on the notbooks that the companies have to keep, on the tables that they announce to the insured people, on the capibliîy of the staff and salesman especially the educuation of the agents. It's invastigated if the company has enough assurance of the risks, especially the eartquarke risk. The limits of the production, and the source smore than the loss are necessary' for an ainsarance company. so they are in the supervision area. The prices of the compensation, especially for traffic insurance must be paid in its proper time.These are all subjected of the financial supervision. ft- The Contents of Supervision Reports : In the prefaces of the supervision repons ”the information of instroduction the companies are given.In the second section balence sheets of the accounts are given.There are investigated in two parts active and passive. In the reports after investigation of balance,107 sheets, the gain and loss accounts are investigated In this post, the technical and financial income and outlay items are controkd In the following case, after the investigation gain and loss account it passes to the analiys of financial structure of the company. To have an opinion about the solvency of a company, a look on the circulating capital and the nearly dated depts is necessary. In general the circulating capital must be aqual to or more than the nearh/ dated depts. An other actions of the financial structure is the efficency. to use the actives. There is an other criterion invastigated in the analiys, such as the capibility of obligation compensation. Ctoe of the other main topics of the supervfeion reports b the investigation of the procedure of reinsurance. An other topic is the damage and the procedure of suspended damage. There is supervision on the agents control if the prices of the damages reports are paid or not. In the conclusion part of report, an evaluation about the company is made looking to the information got and the opinion that is formed in the mind and all the criterions of the subjects are explaned in the main marks. 3- The Supervision of the Agents : Agency is defined in the instructions tha it is, the office or the person to the center insurance company to use the licence of this company in order to place of the country.lt is an intermediary association but the most important organ about the marketing of the insurance company. The}' can make contracts in the name of the company. Insurance is a long due date contract. Because of this during this long time. the agents have some duties and services. So for the development and progress of the insurance sector, the supervision are explained in the following.108 1- Systems of Supervision : a- Supervision Arranged by the Company: This system is brought into application in Sweden. fa Sweden the insurance companies together have formed an office and they inform all their agents to this office, in such system there is no goverment supervision.The supervision is done by the insurance companies. b- The Conditions to Start Working and the Control of this by the Courts : Some special conditions are expected in this system which is used in France to work as an agents of a company. The company promoter must be at least 21 years old and shouldn't have any previous conviction. The court can be forbidden some people to work as an agent.Only the supervision in the starting position is not efficient about the following problems while working time. c- Working Licence and the Administrative Supervision System : The system is used in Poland and in some provices of the USA. In Poland the promoter is investigated like in France. İfan insurance company gives someone the agency, it ha*, to inform this to the supervision office The offive investigated the promoter and its suitable 5 it can get agency licence, if not it cant.îf an agent behaves out of the instructions of supervision, it can be investigated by the supervision disipline committee and it can be punished such as warning, disapprove!, money paying. licence canceling.109 J- Permmon System and Supervision by the Professional Foundations. This system is in Spain. The promoter has no have the civil rights and shouldn't have any previous conviction. The works of agents are explaned in the instructions. The supervision of the agents are done by the professional foundation which also contains the agent itself. The system of supervision of the agents in our country has some properties of these four system but not the same as one of them.So we can all our system as a new tilth system. 2-The Goverment Supervision an The Agents in Our Country. In our country, the agents are controled not only in the establishment hut also when working. All the proporties of the promoters that can be agency or not and the rules while working as an agency are given in the instructions clearly. The conditions giving to the agency- is also explaned in the instructions. i- In the EsiabUshement Stage : The conditions to be an agents are explaned in our instructions clearly. The insurance promoter must have aB the civil rights and shouldn't have any previous conviction. There are various articles in our laws about the ones to be an agents or not to be an agents. The supervision and control of the agents according to mat instructions is left to the companies.110 it - During Working. The agents must keep some notebooks other than their accounts Also the 1991 dated regulation compels the agents to keep the supervision, policy registration and money collected notebooks. This regulations provides good working and supervision of the agents. The assurance of the agents are not left free until its depts to the company are paid fully. If the depts are decreased in the end of the year, this much assurance is left free until the end of March. The promoters that have the conditions to be an agent and paid the assurance of the company can begin to work as an agent after a contract with the company is made. The responsibilities of ten companies agints their agents are not only in the establishment stage but also in the working and even while refinement iü-Inthe Refinement Stage of the Agent : The agent can be closed by the insurance company. Also their working competence can be put Also by the supervision organ a certain end or a temporary can be put to the work, if the agents work out of their procedures. By the regulations the insurance companies have the responsibility to control all the procedure of their agents and the instructions are not applied in a month the agency contract must be canceled The insurance companies also have to announce the agents that they have canceled the agency contract. As told before, the act of the agency as an intermediary is stopped for a while if it does not pay the prizes collected in the time the centre and if it occours ones more in the same year, it is stopped for a finaL Also there are money punishment by the judgement way in the instructions.In 1993 154 agents were subjected to the supervision hv the

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