Insurance organisations and companies can consult information regarding their functions and those of the Consorcio de Compensación de Seguros in this section where they can find out the premiums and surcharges derived from the activity, self-settlement deadlines, as well as ask queries about the operation of the Consorcio..
Insurance contracts held according to the right of establishment or free provision of services that cover localised risks or assume commitments in Spain, will be subject to the surcharges in favour of the Consorcio to cover (i) extraordinary risks materialised in Spain, (ii) the guarantee fund in the liability insurance derived from the circulation of motor vehicles and (iii) the winding-up of insurance companies, as well as the other surcharges and tributes that are legally demandable under the same conditions as the contracts signed with insurance companies.
From the moment they start their activity in Spain, all insurance companies, without any distinctions regarding their legal composition, size or geographical coverage, have therefore, the obligation to collect the surcharges and pay them to the Consorcio.
Independently, the national control body for the insurance activity, the Direction-General for Insurance and Pension Funds (DGSFP), will grant the formal authorisations for registration and control of insurance companies.
It is important to point out that the compulsory nature of the surcharge is linked to the activity on Spanish Soil and not to the geographical location or the area of supervision that the entity is subject to. Both those that have the Direction-General for Insurance and Pension Funds as the supervisory organ for territorial cover of national business as well as those that, due to their nature, depend on supervisory organs the competences of which correspond to the corresponding Autonomous Community are obliged to pay the surcharges. Such is the case of the local Mutual Insurance Funds which are also obliged, depending on the branches of activity in which they operate.
Representative for the purposes of the declaration-settlement of the compulsory surcharges:
The collection procedure established by the Consorcio determines the need to appoint a representative, in order to make him responsible for:
On this point, it is essential in order to be able to comply with the obligation to collect and settle the surcharges to the Consorcio for the insurance company to appoint and inform the Consorcio of the person who will act as the representative (representatives) prior to starting the declaration-settlement process.
The minimum essential data are shown in the bulletin annexed to the Order of March 28, 2018 of the Presidency of Consorcio de Compensación de Seguros (BOE No.90 of April 13) and in the annexes 1, 2 and 3 of the SIR system located here.