Binding Authority Agreement Template for Philippines

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Key Requirements PROMPT example:

Binding Authority Agreement

"I need a Binding Authority Agreement for our Philippine insurance company to delegate authority to a managing general agent for underwriting marine cargo insurance policies, including claims handling authority up to PHP 5 million, with the agreement to commence on March 1, 2025."

Document background
The Binding Authority Agreement serves as a crucial legal instrument in the Philippine insurance market, establishing the framework for delegated underwriting arrangements between insurers and coverholders. This document is essential when an insurance company wishes to authorize another entity to underwrite insurance contracts on its behalf, subject to specified conditions and limitations. The agreement must comply with the Insurance Code of the Philippines (Republic Act No. 10607) and relevant Insurance Commission regulations. It typically includes comprehensive provisions covering authority limits, compliance requirements, operational procedures, and reporting obligations. The document is particularly important in situations where insurers seek to expand their distribution channels or specialist coverholders aim to offer specific insurance products under delegated authority.
Suggested Sections

1. Parties: Identification of the insurer delegating authority and the coverholder receiving it

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Formal appointment and detailed scope of delegated authority

5. Duration: Term of the agreement including effective date and renewal provisions

6. Authority Limits: Specific limits of authority including financial limits, classes of business, and territorial scope

7. Duties and Responsibilities: Detailed obligations of the coverholder including underwriting, claims handling, and reporting

8. Compliance Requirements: Regulatory compliance obligations including Insurance Commission requirements

9. Premium and Commission: Financial arrangements including premium handling and commission structure

10. Reporting and Auditing: Required reports, frequency of reporting, and audit rights

11. Data Protection and Confidentiality: Obligations regarding data protection and confidential information

12. Termination: Termination rights, grounds, and procedures

13. Post-Termination Obligations: Obligations that survive termination

14. General Provisions: Standard contractual provisions including governing law, notices, and amendments

Optional Sections

1. Claims Handling Authority: Include when coverholder is authorized to handle claims

2. Sub-Delegation: Include when sub-delegation of authority is permitted

3. Insurance Requirements: Include when specific insurance coverage is required for the coverholder

4. Business Continuity: Include for high-volume or critical business relationships

5. Anti-Money Laundering Provisions: Include detailed AML procedures when handling significant premium volumes

6. IT Systems and Security: Include when specific systems or security protocols are required

7. Training Requirements: Include when specific training or certification is required

Suggested Schedules

1. Schedule A - Authority Limits and Classes of Business: Detailed breakdown of authorized classes of business and associated limits

2. Schedule B - Commission Structure: Detailed commission rates and payment terms

3. Schedule C - Reporting Requirements: Specific reports required, formats, and deadlines

4. Schedule D - Service Levels: Performance standards and service level requirements

5. Schedule E - Territorial Scope: Detailed description of authorized territories

6. Schedule F - Systems and Procedures: Operational procedures and systems to be used

7. Appendix 1 - Required Forms and Templates: Standard forms and templates to be used

8. Appendix 2 - Compliance Procedures: Detailed compliance procedures and checklists

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Insurance

Reinsurance

Financial Services

Risk Management

Insurance Broking

Regulatory Compliance

Claims Management

Relevant Teams

Legal

Compliance

Underwriting

Operations

Risk Management

Claims

Business Development

Regulatory Affairs

Finance

Audit

Product Development

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Risk Officer

Head of Underwriting

Compliance Officer

Legal Counsel

Insurance Operations Manager

Managing General Agent

Underwriting Manager

Claims Manager

Risk Manager

Business Development Director

Regulatory Compliance Manager

Insurance Broker

Contract Administrator

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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