The Deputy Chairperson, Head of the Investment Activity Supervision Department approved a Template of declaration under Art. 20 of the Special Investment Purpose Companies and Securitization Companies Act. An up-to-date template is published on the website of the Financial Supervision Commission, section “Administrative documents”, section “Forms and templates” (available in BG version).
Template of Report under Art. 31, para. 3 of the Special Investment Purpose Companies and Securitization Companies Act approved by the Deputy Chairperson, Head of the Investment Activity Supervision Department
The Deputy Chairperson, Head of the Investment Supervision Department, approved a template of the Report under Art. 31, para. 3 of the Special Investment Purpose Vehicles and Securitization Companies Act (SIPVSCA) for transformation of the financial result of special investment purpose companies by the procedure of Art. 29, para. 3 of the SIPVSCA. An up-to-date template of the report is published on the website of the Financial Supervision Commission, section “Administrative documents”, section “Forms and templates” (available in BG version).
The Chairman of the Financial Supervision Commission, Boyko Atanasov, urgently communicated about the decision to open insolvency proceedings against Certasig – Insurance and Reinsurance Company AD becoming effective
For the purpose of information and transparency to the Bulgarian public on the case with Certasig-Insurance and Reinsurance Company AD, whose license was revoked by the Insurance Supervision Authority in the Republic of Romania, and in addition to the information already published on the FSC website dated 19.01.2021, the Chairman of the Financial Supervision Commission Boyko Atanasov presented a communication campaign informing the persons who have insurance claims to the company that with a Decision of 14.01.2021 of the Court of Appeal in in Bucharest, the decision to initiate proceedings on the insolvency of Certasig – Insurance and Reinsurance Company AD has been confirmed and has become effective as of 14.01.2021.
According to the information available to the FSC, in accordance with the applicable legislation of the Republic of Romania, insurance contracts concluded with Certasig – Insurance and Reinsurance Company AD continue to be valid after the date of revocation of the company’s license up to 90 days after the court decision for initiating insolvency proceedings becoming effective (15.04.2021) or until one of the following dates – the date of expiration of the contract or the date of its termination by the policyholder through a unilateral notification addressed to the insurance company.
The persons who have claims for insurance compensation in connection with insurance events or for insurance premiums corresponding to the unexpired term of insurance contracts that have been terminated prematurely can file their claims to the Romanian Guarantee Fund for Policyholders in Romania.
Any person who has an insurance claim against the company may submit a justified request to the Guarantee Fund of the Republic of Romania (address: 24 Popa Petre Street, sector 2, Bucharest, e-mail: office@fgaromania.ro and phone: 004.021.211.60.37, 004.021.211.60.73, fax: 004.021.211.60.94. ), as of the date of the decision of the Financial Supervision Authority of the Republic of Romania to revoke the license of Certasig – Insurance and Reinsurance Company AD, but not later than 90 days from the date of the decision becoming effective – 15.04.2021 and in case this right has arisen after the opening of the insolvency proceedings – within 90 days from its occurrence. Claims can be filed directly in the headquarters of the Romanian Guarantee Fund, by post, by e-mail or in other ways that guarantee submission and confirmation of receipt.
more information on the protection provided by the insurance claims guarantee scheme in the Republic of Romania, on the authorized persons and on the procedure under which claims can be made is available at https://asfromania.ro/en/consumers/certasig-information/certasig-guide.
In adherence to the commitment of awareness and transparency made by Mr. Boyko Atanasov, Chairman of the FSC, the Financial Supervision Commission will continue to communicate the relevant information concerning the protection of the rights and interests of the users of insurance services in connection with all subsequent measures against the insurer and its branch in the Republic of Bulgaria on its website: www.fsc.bg.
The lists of insurance companies and insurance intermediaries from EU Member States that have stated their intention to operate on the territory of the Republic of Bulgaria have been updated
For the period 01.12.2021 – 28.02.2021 the FSC received 2 (two) notifications regarding the intention of insurance companies based in other Member States of the EU to operate in the territory of the Republic of Bulgaria under the terms of freedom to provide services , as well as 7 (seven) notifications regarding the withdrawal of intention of one insurer established in an EU Member State, to operate on the territory of the Republic of Bulgaria under the terms of freedom to provide services.
During the same period, the FSC received 30 (thirty) notifications from the competent supervisory authorities regarding the intention of insurance intermediaries based in EU Member States to carry out insurance intermediation activities on the territory of the Republic of Bulgaria, as well as 16 (sixteen) notifications of the intention of insurance intermediaries based in EU Member States to suspend the activity of insurance intermediation on the territory of the country.
As of 28.02.2021, the number of insurance companies based in other EU Member States which have notified the FSC of their intention to operate on the territory of the Republic of Bulgaria amounts to 427 (four hundred and twenty-seven). At the same date, the insurance intermediaries from Member States for which the FSC received a notification of intention to carry out insurance intermediation activities on the territory of the Republic of Bulgaria are 2,226 (two thousand two hundred and twenty-six).
Given the expiry of the transitional period following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU as of 1 January 2021, insurance companies and insurance intermediaries established in the United Kingdom shall be treated as insurers and insurance intermediaries established in a third country. As a result, insurance companies based in the UK are included in a separate list, in order to protect the public interest and given the fact that all insurance contracts concluded with such insurers before 31.12.2020 for risks located in the Republic Bulgaria, remain valid and can be serviced. The insurance companies based in the United Kingdom, for which the FSC received notifications before 31.12.2020 regarding their intention to operate in the country, are 222 (two hundred and twenty-two). The insurance intermediaries based in the United Kingdom, for which the FSC received a notification before 31.12.2020 for their intention to carry out insurance intermediation activities on the territory of the country, are 908 (nine hundred and eight). After 31.12.2020 the FSC did not receive any notification regarding the intention of an insurance intermediary based in the UK to establish a subsidiary or a new intermediary on the territory of the Republic of Bulgaria.
For the period 01.01.2021 – 28.01.2021, the FSC did not send notifications to the competent authorities of EU Member States about the intention of local insurance companies to operate on their territory. During the same period, the FSC sent 1 (one) notification regarding the withdrawal of the intention of a local insurance company to operate in another Member State under the terms of freedom to provide services. As of 28.02.2021, the total number of insurance companies based in the Republic of Bulgaria which have stated their intention to carry out insurance activities on the territory of other EU Member States under the terms of freedom to provide services, remains 18.
For the period 01.01.2021 – 28.02.2021 the FSC has not sent notifications to the competent supervisory authorities of the EU Member States about the intention of local insurance intermediaries to carry out insurance intermediation activities on their territory under the terms of freedom to provide services or the right of establishment. As of 28.02.2021, the total number of insurance intermediaries based in the Republic of Bulgaria which have declared their intention to carry out insurance intermediation activities on the territory of EU Member States, remains 52.
The updated lists of notifications are available on the FSC website in the section “Supervised entities” – “Notifications”.
Data on the activity of insurance brokers as of 31.12.2020
The premium income realized through the insurance brokers in 2020 amounts to BGN 1,716,982 thousand. (BGN 1,686,860 thousand one year earlier), with an increase of 1%, of which:
– BGN 1,577,286 thousand. (with BGN 1,566,886 thousand reported twelve months earlier) for the benefit of insurers and reinsurers based in the Republic of Bulgaria.
– BGN 1,569,824 thousand. (with BGN 1,549,504 thousand reported for the previous year) for the benefit of insurers based in the Republic of Bulgaria.
– BGN 139,695 thousand (compared to BGN 119,973 thousand in 2019) for the benefit of insurers and reinsurers based in a Member State, operating in the Republic of Bulgaria under the terms of right of establishment /branches/ and the terms of the freedom to provide services, as well as insurance and reinsurance intermediation outside the territory of the Republic of Bulgaria and other insurance intermediation.
Income from commissions of insurance brokers in favour for the benefit of insurers based in the Republic of Bulgaria as of 31.12.2020 amounts to BGN 286,066 thousand. (compared to BGN 280,270 thousand in the previous year) for the benefit of insurers based in the Republic of Bulgaria, there is an increase of 2% on an annual basis.
Of all accrued commissions, 95% represent the revenues from subscribed insurance commissions in non-life insurance and 5% – respectively in life insurance.
In the structure of the premium income from non-life insurance realized through insurance brokers as of 31.12.2020, the largest share is occupied by motor insurance – Motor Their Party Liability (50.76%) and Land vehicles other than railway rolling stock(28.78%), followed by Fire and natural disasters (5.60%) and Guarantees (5.21%).
In life insurance, the premium income realized through insurance brokers as of 31.12.2020 was recorded mainly under Life and annuity insurance (48%), Sickness insurance (31%), Supplementary insurance (10%), followed by Unit-linked life insurance (4%).
Updated individual data from the reports of insurance brokers operating during the reporting period and registered in the Republic of Bulgaria as of 31.12.2020 are summarized and published on the FSC website in the section “Insurance activity”, “Statistics”, “Insurance Brokers”,”2020”.
Announcement for opening liquidation proceedings of IC EUROAMERICAN AD
At its meeting on 11.03.2021, the FSC adopted Decision No. 123 – ОЗ of 11.03.2021 on initiating proceedings for compulsory liquidation of IC EUROAMERICAN AD, UIC 124634117, and the Guarantee Fund was designated as liquidator of the insurer with revoked license. The decision is available on the FSC website in the section Administrative Documents, Decisions, 2021, March.
By Decision No. 1309 – ОЗ of 17.12.2019 the FSC revoked the license for insurance of IC EUROAMERICAN AD, UIC 124634117, issued by Decision No. 238-03 of 27.02.2014 of the FSC, and appointed a conservator of the company. The same decision prohibits the free disposal of assets by IC EUROAMERICAN AD until the commencement of liquidation or insolvency proceedings, as well as the conclusion of new insurance contracts for all classes of insurance for a period of 6 months from the date of issuance of the decision. Decision No. 1309 – ОЗ of 17.12.2019 became effective on 17.02.2021, when Decision No. 2111 / 17.02.2021 under Administrative case No. 9509/2020 according to the inventory of the Supreme Administrative Court, Seventh Department maintained Decision No. 563/19.06.2020 under Administrative case No. 47/2020 according to the inventory of the Sofia District Administrative Court, which rejected the appeal of the insurer against Decision No. 1309 – ОЗ of 17.12.2019 of the FSC.
Decision No. 1309 – ОЗ of 17.12.2019 of the FSC becoming effective is grounds to proceed to the compulsory termination of IC EUROAMERICAN AD under Art. 602, para. 1, item 2 of the IC, as the revocation of the insurer’s license is based on Art. 40, para. 2, item 2, 4 and 8 of the IC.
The FSC publishes a list of websites of persons who are not entitled to provide investment services on the territory of the Republic of Bulgaria
The persons are obliged to stop offering investment services and activities within 3 days from the publication of the list.
With its decision of 11.03.2021, the Financial Supervision Commission published websites through which investment services are provided by persons who do not have such right. The decision is based on provisions of the Financial Supervision Commission Act and the Markets in Financial Instruments Act. Decision No. 128-ИП of 11.03.2021 published a list of websites through which investment services should not be provided.
The publication of the decision is considered a notification regarding the obligation of the persons to stop offering investment services and activities through the published websites within 3 days from the date of publication of the decision with the list.
Results of the change in the participation and transfer of funds of insured persons from one to another respective pension fund for the fourth quarter and for 2020
The Social Insurance Supervision Department of the Financial Supervision Commission announced the results of the change of participation and transfer of funds of insured persons from one to another respective pension fund for the fourth quarter and for 2020. The data were obtained on the basis of reports submitted by pension insurance companies to the Financial Supervision Commission.
In the fourth quarter of 2020, a total of 71,894 applications for change of participation and transfer of funds from one pension fund to another were submitted to the pension insurance companies.
A total of 61,809 insured persons from the applications submitted in the fourth quarter of 2020 have changed their participation in the supplementary pension insurance funds. The total amount of the funds transferred to another pension fund of the respective type is BGN 219,843,802.
The insured persons who exercised their right to change their participation and transfer funds from the individual accounts in 2020 are a total of 232,148. The total amount of the transferred funds in 2020 from one to another respective fund is BGN 813,279,425.
Results of the change in the participation and transfer of funds from one to another respective pension fund for the fourth quarter and for 2020 are available in section: Social Insurance activity/ Statistics / Statistics and analysis / 2020.
Data on the persons allocated ex-officio in the supplementary mandatory pension insurance funds in 2020
The Social Insurance Supervision Department of the Financial Supervision Commission published data on the persons allocated to the supplementary mandatory pension insurance funds in 2020. The information is obtained from the protocols for the ex officio allocations of persons who did not choose a supplementary mandatory pension insurance fund .
The persons for whom the obligation to be insured in a universal or occupational pension fund has arisen and who have not submitted an application for participation within the stipulated terms or have submitted applications for participation in more than one fund of the respective type are allocated ex-officio. In 2020, a total of 76,211 persons were allocated ex-officio to the supplementary mandatory pension insurance funds, of which 66,490 persons in the universal funds and 9,721 persons in the occupational funds. The persons allocated ex-officio in 2020 account for 94.19 per cent of the total number of persons admitted (from newly accepted applications and ex officio allocations) in the universal funds and 92.13 per cent in the occupational ones.
Information on the persons allocated ex-officio in 2020 can be found in the sections “Social Insurance activity”, “Statistics”, “Statistics and analysis of the social insurance market”.
Warning to potential investors and all stakeholders
The Financial Supervision Commission (FSC) pursues a consistent policy to protect the interests of consumers of financial services and prevent the performance of investment activities and services by unlicensed entities.
Mr. Boyko Atanasov, Chairman of the FSC, indicated to the public that a significant number of complaints have been received from Bulgarian citizens who claim to have lost money as a result of fraud by companies named Grand Spot Market EOOD, Post Grand Research EOOD (formerly Grand Research EOOD), Grand Eastern Market EOOD, Market Progress EOOD, Mini-Market 1920 EOOD, Super-Market 2020 EOOD, Global Strategy EAD, Post Fin Engineering Income EOOD (formerly Fin Engineering Inc EOOD) and Verginia FinCorp EOOD. The Commission warns consumers and the public that these companies do not have a license issued by the FSC for the provision of investment services and / or investment activities within the meaning of Art. 6 of the Markets in Financial Instruments Act (MFIA). Therefore these companies are not entitled to carry out such activities on the territory of the Republic of Bulgaria, as well as to receive funds in their bank accounts in order to invest them in financial instruments. At present, the following websites have been established, which are connected with Grand Spot Market EOOD and Grand Eastern Market EOOD: https://grandspotmarket.com, https://grandeasternmarket.com.
The provision of investment services and the performance of investment activities may be carried out only by a joint stock company or a limited liability company with registered office and address of management in the Republic of Bulgaria, which has a license to operate as an investment firm under the terms and conditions of the MFIA. In this context, on the territory of the Republic of Bulgaria investment services can be provided only by:
– investment intermediaries licensed by the FSC;
– investment intermediaries – banks licensed by the BNB;
– investment intermediaries licensed by the competent authorities of other Member States of the European Union and providing investment services on the territory of the Republic of Bulgaria in accordance with the law (Chapter 4, Section II of the MFIA);
– investment intermediaries from a third country, providing investment services on the territory of the Republic of Bulgaria in accordance with the law (Chapter 4, Section III of the MFIA)
The FSC draws the attention of potential investors to the fact that before transferring funds for trading in financial instruments, they should always check on the FSC website whether the person on whose account they intend to make the transfer has the right to provide investment services and / or perform investment activities. As an indication that the potential investor is the subject of fraud is the fact that the name of the company specified in the contract as an investment firm, which in some cases may be identical to a licensed one, differs from the name of the company on whose account the funds should be transferred. Aggressive commercial practices, such as persistent and unsolicited commercial communications to potential investors by telephone and e-mail, are often used.
Licensed investment intermediaries can be verified on the FSC website – http://www.fsc.bg and / or on the websites of the competent authorities of the European Union, as well as on the website of the European Securities and Markets Authority (ESMA) – https://www.esma.europa.eu/. The FSC website also has a list of investment intermediaries that have notified the Financial Supervision Commission of their intention to provide financial services in the territory of the Republic of Bulgaria. Trading through an intermediary that does not appear on these lists means that said intermediary operates illegally without meeting the necessary regulatory and supervisory requirements, which in turn leads to a lack of security for the funds invested.
In view of international awareness, Mr. Boyko Atanasov stressed that information about companies and platforms for which negative information is available can be found on the websites of:
– ESMA- https://www.esma.europa.eu/investor-corner/warning-and-publications-investors/;
– International Organization of Securities Commission (IOSCO) – – www.iosco.org/investor_protection/?subsection=investor_alerts_portal.