Tipster

from Wikipedia, the free encyclopedia

As tipster (also tip intermediary or contactor) is the person who makes a party a graduation willing customer designated. For this activity, tipster commissions are often paid out in the form of bonuses in kind or cash (known above all for magazine subscriptions). Many companies in the insurance, telephone, electricity, and internet service industries often have a corresponding tipster program.

Insurance

European Union

In Directive 2002/92 / EC on insurance brokerage (IMD1), the tipster is not differentiated from the insurance broker, because it is not provided for at all. According to Directive 2002/92 / EC, the concept of insurance brokerage is to be interpreted broadly and thus basically also includes tipsters.

According to a convincing legal opinion, however, the tipster is not subject to Directive 2002/92 / EG: " The incidental provision of information in connection with another professional activity, provided that this activity does not aim to support the customer in concluding or handling an insurance contract, or the professional management of claims by an insurance company or claims settlement and expert work in connection with claims are also not considered insurance brokerage ”. RL 2002/92 / EG was revised by RL 2014/65 / EU but no change has yet been made to the definition of the tipster as a person who only passes on data and information about potential policyholders. However, it is in the new directive on insurance brokerage in Art 2 No. 3 lit. b a clarification planned.

Germany

This type of customer acquisition in Germany in the area of ​​insurance brokerage has legal peculiarities . The advantage of a tipster activity is that in this way people can work in professions that require authorization without having to go through the expensive and time-consuming authorization process. However, tipsters are not allowed to give any advice or be involved in any other way in the actual closing process.

The tipster only acts as a mediator to approved brokers by making it possible to conclude one or more contracts (naming) or initiate them (contact). It depends on the objective appearance of the activity in order to be able to distinguish that of the tipster from that of the insurance broker.

For insurance brokers , this is also the only way to pass on parts of their acquisition commission despite the prohibition of commission payments . However, there is extensive use of the regulation to contradict the competition guideline of the German insurance industry , which forbids public commission commitments to address brokers . However, there are some insurance intermediaries and insurance companies that publicly advertise their referral programs. Since the above Competition Directive has no legal force, but is essentially only a voluntary commitment by insurance companies, the IHK and BaFin supervisory authorities do not take action against violations.

Austria

In Austria tipsters according to § 376 no. 18 para. 8 GewO 1994 active with a free trade. Insurance intermediaries, on the other hand, according to § 94 no. 76 in conjunction with § 137 ff GewO 1994 are subject to a regulated trade.

The private trade of the tipster is in particular not " taking up information from the customer that goes beyond the general data of the customer and in particular " not " obtaining the customer's signature on an insurance application ". The tipster is therefore limited according to § 376 no. 18 para. 8 GewO 1994 on the " naming or naming of insurance customers, insurance intermediaries or insurance companies ".

Individual evidence

  1. ↑ OJ. L 9, 3.
  2. ↑ Michael Gruber in “ Der Tippgeber ” in Zeitschrift für Finanzmarktrecht , 8/2014, p. 357 with reference to Reiff, VersR 2014, p. 501, and BGH VersR 2014, p. 497 ff on case. ECJ C-555/11 .
  3. ↑ BGH, I ZR 7/13 - "Tchibo", Peter Jabornegg in VR 2005, 129; Reiff, VersR 2014, p. 501, fn. 6 and in MünchKomm VVG § 59 Rn 11.
  4. ↑ RL 2002/92 / EG , Art. 2 No. 3 para. 3
  5. ↑ Directive 2014/65 / EU (PDF)
  6. ↑ COM (2012) 360 final , Art 2 No. 3 lit. b. and European Parliament in P7_TA (2014) 0155 as well as in “Presidency compromise” 9760/14 , p. 20.
  7. ^ IHK Chemnitz: Who is a "tipster" and not an insurance broker? ( Memento of the original from March 24, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed on May 7, 2011. See also the justification on the occasion of the new regulation of insurance brokerage law in BTDrucks 16/1935, 18. @1@ 2Template: Webachiv / IABot / www.chemnitz.ihk24.de
  8. ↑ BTDrucks (Fn. 17) 17.
  9. ↑ BGH, I ZR 7/13 - "Tchibo" with reference to Art 2 No. 3 of Directive 2002/92 / EG.
  10. ↑ Sections 34c and 34d GewO .
  11. ↑ Competition guidelines of the insurance industry , accessed on May 7, 2011
  12. ↑ Insurance journal: tipster with commission sharing , accessed on May 7, 2011
  13. ↑ Letter from BaFin and Cologne Chamber of Industry and Commerce not to pursue complaints. Retrieved July 27, 2011 .
  14. ↑ Insurance brokerage is according to § 137 Abs. 1 GewO 1994 : ... to offer, suggest or carry out other preparatory work for the conclusion of insurance contracts or the conclusion of insurance contracts or the participation in their administration and fulfillment, especially in case of damage. In particular, this may involve insurance agent or insurance brokerage activities within the meaning of the Insurance Contract Act (VersVG), Federal Law Gazette No. 2/1959, as amended, and the Broker Act, Federal Law Gazette No. 262/1996, as amended .
  15. ↑ § 376 no. 18 para. 8 GewO 1994.