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Terms Of Business Agreement (Insurance) Template for Canada

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Key Requirements PROMPT example:

Terms Of Business Agreement (Insurance)

"I need a Terms of Business Agreement (Insurance) for use between our insurance company and independent brokers across Canada, with special focus on cyber insurance products and electronic trading capabilities, to be implemented by March 2025."

Document background
The Terms of Business Agreement (Insurance) serves as the foundational document governing the business relationship between insurers and their distribution partners in Canada. This agreement is essential when establishing or formalizing business arrangements between insurance companies and intermediaries such as brokers, agencies, or Managing General Agents (MGAs). The TOBA encompasses crucial elements including regulatory compliance requirements, operational procedures, commission structures, and service standards, all tailored to meet Canadian federal and provincial insurance regulations. It is particularly important in the Canadian context due to the dual federal-provincial regulatory framework, where insurance is primarily regulated at the provincial level while certain aspects fall under federal jurisdiction. The agreement helps ensure clear understanding of roles, responsibilities, and expectations while maintaining compliance with applicable laws and regulations.
Suggested Sections

1. Parties: Identification of the contracting parties - the insurer and the broker/intermediary

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Authority: Defines the extent and limitations of the broker's authority to act on behalf of the insurer

5. Regulatory Compliance: Obligations regarding insurance regulations, licensing requirements, and other applicable laws

6. Professional Standards: Required standards of service, conduct, and professional qualifications

7. Commission and Payment Terms: Structure of commissions, payment procedures, and financial arrangements

8. Claims Handling: Procedures and responsibilities for handling insurance claims

9. Data Protection and Privacy: Obligations under PIPEDA and other privacy laws, data handling procedures

10. Risk Management: Requirements for risk assessment, underwriting guidelines, and risk control measures

11. Record Keeping: Requirements for maintaining records and documentation

12. Termination: Conditions and procedures for terminating the agreement

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard legal clauses including governing law, notices, and amendments

Optional Sections

1. Electronic Trading: Include when parties engage in electronic placement of insurance business

2. Delegated Authority: Include when broker is granted additional underwriting or claims settlement authority

3. Premium Financing: Include when broker offers premium financing arrangements

4. Cross-Border Business: Include when broker operates in multiple provinces or internationally

5. Sub-Broking: Include when broker may engage other intermediaries

6. Marketing and Branding: Include when specific marketing arrangements or brand usage rights are granted

7. Professional Indemnity: Include when specific professional indemnity requirements are needed beyond standard terms

Suggested Schedules

1. Schedule A - Commission Rates: Detailed breakdown of commission structures for different insurance products

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

3. Schedule C - Service Level Requirements: Specific performance metrics and service standards

4. Schedule D - Claims Handling Procedures: Detailed procedures for claims processing and management

5. Schedule E - Compliance Requirements: Specific regulatory compliance procedures and requirements

6. Appendix 1 - Required Reports: Templates and specifications for required regulatory and operational reports

7. Appendix 2 - Security and Data Protection Standards: Detailed IT security and data protection requirements

Authors

Alex Denne

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

Relevant legal definitions









































Clauses




































Relevant Industries

Insurance

Reinsurance

Financial Services

Risk Management

Insurance Brokerage

Professional Services

Financial Technology

Regulatory Compliance

Relevant Teams

Legal

Compliance

Distribution

Operations

Risk Management

Underwriting

Business Development

Broker Relations

Claims

Regulatory Affairs

Partnerships

Sales

Product Development

Finance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Compliance Officer

Head of Distribution

Insurance Broker

Compliance Manager

Legal Counsel

Risk Manager

Underwriting Manager

Business Development Manager

Operations Director

Channel Manager

Broker Relationship Manager

Claims Manager

Regulatory Affairs Director

Contract Manager

Insurance Agent

Partnership Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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