Freedom of establishment and of provision of services

FAQ – Freedom of establishment and of provision of services

1) What are the obligations of the undertaking?

An undertaking with head office in another European Economic Area (EEA) country that intends to establish a branch or to carry on business under the freedom to provide services in Italy shall contact its Home Supervisory Authority.

Access to insurance business in the above-mentioned regimes in Italy is therefore subject to the notification by the Home Supervisory Authority to IVASS of information and documents foreseen by the EU Law.

If the undertaking intends to cover risks relating to compulsory insurance against civil liability in respect of the use of motor vehicles and ships (classes 10 and 12), the notification shall include a declaration that it has become a member of the Ufficio centrale italiano (U.C.I.) and has joined the Fondo di garanzia per le vittime della strada.

In the case of activities under the freedom to provide services, the notification shall also include the name and the address of the representative for the handling of claims and the settlement of damages, who must be resident in Italy.

If the undertaking intends to operate under the right of establishment, it shall appoint an agent of the branch who must be resident at the same address of the branch; if the brief is given to a legal person, this must have its head office in Italy.

The agent of the branch must possess a brief expressly including also the powers to represent the undertaking in relation with all the authorities and courts of the Italian Republic, as well as to conclude and underwrite the contracts and the other documents relating to the business pursued in Italy. If the brief is given to a legal person this must appoint in turn a natural person resident in Italy and having a brief including the above powers.

The representative of an undertaking operating under the freedom to provide services shall also possess a brief including the powers to represent the undertaking in relations with the courts and all the authorities competent for claims for damages, and to certify the existence and validity of the contracts concluded by the undertaking on a free provision of services basis.

The undertaking must comply with the general good provisions, which set additional requirements to the minimum requirements laid down in the European directives, which can be found on the IVASS website.