INTERNATIONAL CLAIMS REPRESENTATIVES
**Qualifications Required for International Claims Representatives**
1. Must be an insurance company authorized to issue third-party liability insurance related to the use of motor vehicles.
2. For non-insurer international claims representatives, the following qualifications are required:
2.1. Must be a limited or joint-stock company established in Turkey according to company law and not engaged in activities incompatible with insurance.
2.2. Must not have declared bankruptcy or requested a concordat.
2.3. The minimum capital amount should be at least 25,000 TL, not less than the amount determined by the Ministry of Industry and Trade according to the type of company.
2.4. Must have sufficient physical, technical, administrative infrastructure, and human resources.
2.5. Authorized persons of legal entities, real person shareholders, and authorized representatives of corporate shareholders engaged in international claims representation must possess the following qualifications:
a. Except for negligent offenses, must not have been convicted of any offense, even if pardoned, requiring imprisonment or multiple judicial fines for actions contrary to insurance legislation, or any crime involving dishonesty such as embezzlement, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, misuse of duty, smuggling, interfering with official tenders and trade, laundering assets derived from crime, revealing state secrets, or tax evasion.
b. Must not have declared bankruptcy or requested a concordat.
2.6. Authorized representatives responsible for damage processes must meet the following qualifications:
a. Must reside in Turkey.
b. Must have the capacity to exercise civil rights.
c. Must not have been convicted of any offenses mentioned in clause 2.5 (a).
d. Must not have declared bankruptcy or requested a concordat.
e. Must have at least a high school diploma or equivalent and at least two years of professional experience in insurance-related institutions or organizations.
(However, this requirement is waived for those who have graduated from at least two-year actuarial, marketing, risk management, and insurance-related colleges or four-year higher education institutions.)
2.7. Corporate international claims representatives' corporate shareholders must not have declared bankruptcy or requested a concordat.
2.8. Must have knowledge of the Green Card System and be able to implement the decisions made by the Internal Regulations and the Council of Bureaux.
2.9. Must have the necessary technical personnel and experts such as doctors, lawyers, appraisers, actuaries, etc., or be able to prove access to such professionals for the compensation of damages in Turkey.
2.10. Must be able to correspond in at least one of the following languages: English, French, or German for communication with foreign countries.
2.11. Must have the financial capacity to compensate the injured party within the legal period.
2.12. Upon acceptance of the international claims representative appointment request by the National Bureau, the "Guarantee Fund" determined by the TMTB Board of Directors must be deposited into the TMTB account before starting activities. Additionally, international claims representatives must pay the annual "dues" determined by the TMTB Board of Directors for services provided by TMTB.
**Documents Required from Candidates for International Claims Representatives**
1. Documents required from non-insurer legal entity international claims representatives:
1.1. Trade registry gazette.
1.2. Company articles of association (the articles must include a provision for international claims representation).
1.3. Tax certificate copy.
1.4. Bankruptcy and concordat certificate.
1.5. Undertaking (Appendix-1).
1.6. If a contract with a foreign insurance company is made, a copy of the contract with the foreign insurance company.
1.7. Declaration of contact information such as telephone/email, etc.
2. Documents required from managers and authorized representatives of non-insurer legal entity international claims representatives:
2.1. Residence certificate (home address).
2.2. Detailed population registry copy.
2.3. Criminal record certificate with archive records.
2.4. Bankruptcy and concordat declaration.
2.5. Copy of the latest diploma from the school graduated.
2.6. Undertaking (Appendix-1).
2.7. SGK (Social Security Institution) registration.
3. Documents required from technical personnel:
3.1. Residence certificate (home address).
3.2. Detailed identity card copy.
3.3. Criminal record certificate with archive records.
3.4. Bankruptcy and concordat declaration.
3.5. Copy of the latest diploma from the school graduated.
3.6. SGK registration.
4. Documents required from real person shareholders of legal entity international claims representatives:
4.1. Detailed identity card copy.
4.2. Criminal record certificate with archive records.
4.3. Bankruptcy and concordat declaration.
4.4. Undertaking (Appendix-1).
5. Documents required from corporate shareholders of legal entity international claims representatives:
5.1. Bankruptcy and concordat declaration.
6. Non-insurer international claims representatives must complete training provided by the Turkish Motor Insurers’ Bureau (TMTB) and receive the certification.
7. All requested documents must not be older than six months.
8. The organization chart with the names and titles of employed personnel and the list of contracted specialist personnel (doctor, lawyer, appraiser, actuary, etc.) must be submitted to the TMTB.
9. Personnel with foreign language proficiency must submit a recognized national or international certificate to the TMTB.
**Procedures Related to the Application, Acceptance, or Rejection of International Claims Representative Appointment Requests**
1. The request for the appointment of an international claims representative is made to the TMTB by the bureau of the country where the foreign insurer is located, in writing via email or fax. The request letter must include the acceptance letter from the candidate for international claims representative.
2. If the company requested to be appointed as an international claims representative is a member insurer of the TMTB, this request is automatically accepted.
3. The TMTB approves or rejects any request for international claims representation within three months and informs the requesting Bureau and the relevant INTERNATIONAL CLAIMS REPRESENTATIVE of its decision.
4. Requests for the appointment of an international claims representative from the bureau of a country with temporary membership in the Council of Bureaux will be rejected.
5. If the TMTB accepts the request for international claims representation, a contract is drawn up between the international claims representative and the TMTB.
6. The TMTB may inspect the fulfillment of claims handling at any time, assume the administration and liquidation of any file at the international claims representative without justification.
7. The contract between the international claims representative and the insurer does not bind the TMTB in any way.
8. The international claims representative must fulfill all obligations as if they had issued the policy themselves, acting impartially, fairly, and as quickly as possible to protect the rights of the injured third party.
**Supervision of International Claims Representatives**
The Turkish Motor Insurers’ Bureau has the authority to inspect and investigate international claims representatives regarding transactions related to international claims representation and any complaints directed at these transactions.
**Termination of International Claims Representation**
International claims representation may be terminated in the following ways:
1. If the insurer wishes to terminate the contract with the international claims representative, the request is submitted to the TMTB through the insurer's home country bureau.
2. If the international claims representative wishes to terminate the contract with the insurer, the request is submitted directly to the TMTB.
3. If the TMTB decides to withdraw its approval for the international claims representative, it will immediately notify the foreign bureau that requested the approval and the relevant INTERNATIONAL CLAIMS REPRESENTATIVE.
Additionally, if the qualifications required for international claims representation are lost, if complaints against the international claims representative increase, or if deemed necessary by the TMTB Management, the TMTB Management has the authority to withdraw its approval for international claims representation.
In these cases, the TMTB will determine and notify the relevant parties of the dates when international claims representation activities will cease.
The INTERNATIONAL CLAIMS REPRESENTATIVE must continue processing unresolved files unless another solution is accepted by the BUREAU.
If the INTERNATIONAL CLAIMS REPRESENTATIVE frequently delays payments causing the BUREAU to incur penalties, loses the essential qualifications required for international claims representation, or fails to maintain objectivity in file review, unresolved files will be transferred to the BUREAU without any right to claim fees, including the handling fee, etc.
**Other Provisions**
1. The qualifications required for international claims representatives and the criteria for acceptance or rejection of such representation will be published on the Turkish Motor Insurers’ Bureau’s website.
2. International claims representatives cannot transfer the authorities received from the TMTB to another person or company.
3. In cases not covered by this procedure, the Internal Regulations of the Council of Bureaux and the Regulations on the Working Procedures and Principles of the Turkish Motor Insurers’ Bureau shall apply.
4. The Turkish Motor Insurers’ Bureau may consider the principle of reciprocity in approving, disapproving, or withdrawing approval for international claims representative appointment requests.