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Rule
15. Registration of Dealers, General Agents and Salesmen of Pre-Need Plans
15.1.
Any issuer selling its own Pre-Need Plans shall be deemed a dealer in
securities and shall be required to be registered as such and comply with all
the provisions hereof; provided that the issuer selling different types of
Pre-Need Plans shall be required to be registered as dealer only once for the
different types of plans.
15.2.
The issuer shall post a surety bond from a bonding company acceptable to
the Commission in the amount of Three Hundred Thousand Pesos (P300,000.00) in
favor of the Government of the Philippines and conditioned upon faithful
compliance with the provisions of the Code and these Rules. The Commission may require an additional surety bond depending on the
volume of sales of the issuer.
15.3.
Processing of new applications for registration and license as Dealer
shall be completed within twenty (20) working days from receipt of complete
application and payment of fees, while applications for renewals shall be
completed within eight (8) working days from receipt of complete application and
payment of fees.
15.4.
If
the issuer contracts general agents or agencies to sell its pre-need plans, such
general agents/agencies shall be required to comply with paid-up capital
requirement for broker of securities and shall be duly registered as general
agent/s or brokers of Pre-Need Plans by the Commission. General agents or agencies shall post a bond in the amount of One Hundred
Thousand Pesos (P100,000.00).
15.5.
Processing of new applications for registration and license as general
agent or broker of Pre-Need Plans
as well as renewals thereof shall be completed within eight (8) working days
from receipt of complete application and payment of fees.
15.6.
No salesman shall be allowed to sell or offer to sell Pre-Need Plans
under this Rule, without being registered as such by the Commission. Registration shall be issued upon approval of the registration
application and payment of the prescribed fee.
15.7.
Registration shall not be approved unless the issuer or general agent
engaging the salesman’s services certifies under oath that the salesman has
been duly trained pursuant to a training program approved by the Commission and
has successfully passed an examination given by the issuer or general agent and
approved by the Commission or the Federation and/or has sold at least P10,000.00
worth of plans; provided, however, that Pre-Need Plans sold during the
apprenticeship period shall be co-signed by a duly registered salesman.
15.8.
Registration shall cease upon the termination of engagement of the services of such salesman
with the issuer or general agent, provided that it may be renewed for the
ensuing year in accordance with this Rule.
15.9.
Processing of applications for registration and license as a salesman as
well as renewals thereof shall be completed within eight (8) working days from
receipt of application and payment of fees.
15.10.
Every
registration under this Rule shall expire on the thirty-first day of December in
each year, but a renewal for the succeeding year shall be issued upon
application and payment of the fee, and furnishing such information specifically
required by the Commission. Application
for renewals shall be made not less than thirty (30) days nor more than sixty
(60) days before the first day of the ensuing year, otherwise, they shall be
treated as original applications.
15.11.
The
Commission shall charge a fee for every original application and every renewal
thereof.
15.12.
Any
Pre-Need Company selling its own plans who fails to file an application for
registration or renewal as a dealer in Pre-Need Plans or any general agent who
fails to apply for registration or renewal as a broker of Pre-Need Plans within
the period required by these rules or any salesman who sells plans without a valid license shall pay
the appropriate penalty therefor.
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