Legal Conditions for Commercial Activity of Mutual Insurance Companies

Abstract

This article aims at discussing a legal regulation relating to commercial activities of mutual insurance companies which is provided for in the Insurance and Reinsurance Activity Act, Accounting Act and the Regulation of the Minister of Finance on Specific Accounting Principles of Insurance and Reinsurance Companies. It explains the concept of commercial activity of mutual insurance company, as well as the dominant principle of mutuality. A fundamental part of the article is an attempt to interpret Article 111 paragraph 3 of the Insurance and Reinsurance Act, under which premiums from non-members of the mutual insurance company cannot constitute more than 10% (ten percent) of the gross premiums written. According to the authors, the rules for collecting premiums provided for in the Regulation on Specific Accounting Principles of Insurance and Reinsurance Companies, which are thoroughly discussed herein, are of key importance in this respect. In addition, the article also explores the effects of exceeding the limit provided for in Article 111 paragraph 3 of the Insurance and Reinsurance Activity Act, as well as the issue of settling the commercial profits.