TURKISH REGULATION ON LOSS ADJUSTERS
REGULATION ON LOSS ADJUSTERS
Official Gazette Published In: 22.06.2008-26914
Published by: Prime Ministry (Undersecretariat of Treasury)
CHAPTER ONE
General Provisions
Objective and scope
ARTICLE 1
(1) The objective of this Regulation is to regulate principles and procedures relating to the
qualifications and activities of loss adjusters. This Regulation covers the principles and
procedures regarding the qualifications, foundations, activities, certificates and registrations of
loss adjusters as well as all activities they are not allowed to undertake.
Basis
ARTICLE 2 (Modified: O.G. 9.5.2010-27576)
(1) This Regulation has been prepared pursuant to Articles 22 and 32 of the Insurance Law No.
5684 and dated 3/6/2007.
Definitions
ARTICLE 3
(1) The following expressions in this Regulation shall have the following respective meanings:
a) Association: Association of the Insurance and Reinsurance Companies of Turkey,
b) (Annex: O.G. 9.5.2010-27576) Region: Groups of cities to be determined by the Treasury
Undersecretariat,
c) Loss adjuster: Loss adjusters defined in the subparagraph (m) of the first paragraph in Article
2 of the Insurance Law,
ç) Executive Committee: Insurance Loss Adjusters Executive Committee within the Union of
Chambers and Commodity Exchanges of Turkey,
d) Law: Insurance Law No. 5684 and dated 3/6/2007,
e) Register: Register to be prepared by the Union of Chambers and Commodity Exchanges of
Turkey for loss adjusters which shows the records of persons who work actively,
f) Undersecretary: Undersecretariat of Treasury,
g) Report: Uniform loss adjusting report whose content is determined by the Executive
Committee according to the loss adjuster branches and taking into account the provisions of the
insurance contract upon obtaining the opinion of the Association of the Insurance and
Reinsurance Companies of Turkey, and approved by the Undersecretariat,
ğ) License: Loss adjusters license granted to loss adjusters by the Undersecretariat to ensure that
they can perform loss adjusting activities,
h) (Annex: O.G. 9.5.2010-27576) SEGEM: Insurance Training Centre founded pursuant to
Article 31 of the Insurance Law No. 5684,
ı) Insurance company: Insurance companies established in Turkey and Turkish organizations of
insurance companies established abroad,
i) TOBB: The Union of Chambers and Commodity Exchanges of Turkey,
j) Authorized individuals: Persons under the management and audit of loss adjusters and those
entitled to sign on their behalf.
CHAPTER TWO
Loss Adjusting Branches, Qualifications Required for Loss Adjusters
Licenses according to loss adjusting branches
ARTICLE 4
(1) Loss adjusting licenses are issued separately in the below listed loss adjusting branches as
per the types of risks set forth in Annex: 1.
a) Land vehicles,
b) Aircraft, ships and railway rolling stock,
c) Goods on transit,
ç) Fire, natural forces, accident and theft,
d) Engineering,
e) Suretyship, legal expenses and assistance,
f) Health, sickness and personal accident,
g) Agriculture and livestock.
(2) It is essential that the loss adjusting related with the sub-branches of the “general liability”
branch set forth in Annex:1 is performed according to the responsibility type by the loss
adjuster licenced in the relevant branch. The Undersecretariat may allow the assessment of the
sub-branches of all branches including “general liability” branch set forth in Annex: 1 under
another loss adjusting branch within the framework of the opinions of the Association and the
Executive Committee.
(3) The Undersecretariat may create new branches in addition to the loss adjusting branches in
paragraph 1 as per the prevailing requirements at the time.
Qualifications sought in real/legal person loss adjusters
ARTICLE 5
(1) The below qualifications are sought in real persons who will perform loss adjusting activities:
a) S/he must be a resident in Turkey,
b) S/he must be entitled to exercise his/her civil rights,
c) S/he must not have been sentenced or convicted of the crimes listed in the fourth subparagraph
of subsection (a) of the second paragraph in Article 3 of the Law,
ç) S/he must not have gone bankrupt or have declared bankruptcy,
d) S/he must at least hold an undergraduate degree in loss adjusting in land vehicles, and at least
a graduate degree in other loss adjusting branches,
(2) The below qualifications are sought in legal persons who will perform loss adjusting
activities:
a) Their headquarters must be located in Turkey,
b) They must not have gone bankrupt or have declared bankruptcy,
c) The authorized signatories thereof, partners of real persons, and the authorized signatories of
partners who are legal persons must not have been sentenced or convicted of the crimes listed in
the fourth subparagraph of subsection (a) of the second paragraph in Article 3 of the Law, and
furthermore, they must not have gone bankrupt or have declared bankruptcy,
ç) The signatories authorized to represent and bind the company in the course of professional
activities must be loss adjusters,
d) The relevant articles in the articles of association must indicate the main field of activity as
“exclusively loss adjusting”, activities not related with loss adjusting must not appear thereof, ,
the articles of association must include a provision whereby the permit of the necessary
authorities is required prior to any amendments in the articles of association,
e) It is required to use the word “loss adjuster” or the derivatives thereof, with the word
“insurance” in their commercial titles, and they must not use any words which are not in line
with insurance loss adjusting,
f) If deemed necessary, they must be adequate in terms of physical, technical and administrative
infrastructure to be determined by the Executive Committee as well as human resources,
(3) (Modified: O.G. 9.5.2010-27576) Real persons who have acquired loss adjuster certificate
through internationally recognized exams or procedures shall be regarded as a loss adjuster in
their relevant loss adjusting branch as per the provisions of this Regulation, in case they meet the
conditions below and they pass the exam on Turkish insurance legislation:
a) to be equipped with the qualifications set forth in the first paragraph of this article,
b) to be registered with the list of authorities in the country they are certified,
c) to present the documents to be issued by the authorities in the country they are certified,
proving that they currently operate as loss adjusters.
CHAPTER THREE
Loss Adjusting Courses, Examinations, Internship and License
Opening the courses, applications and acceptance
ARTICLE 6 (Modified: O.G. 9.5.2010-27576)
(1) As a result of the studies in relation with the need for loss adjusters to be conducted on a
provincial or regional basis and according to the branches of loss adjusting, if it is deemed by the
Undersecretariat that there is a need for loss adjusters, loss adjusting courses shall be held
throughout the country or on a provincial or regional basis. Exams shall be held following such
courses to be held.
(2) In case candidates less than the required number of loss adjusters apply for pre-registration
for a branch of loss adjusting, a course schedule may not be held for that branch. If the
application is higher than the need identified, a preliminary screening exam shall be held.
(3) The procedures related with the preliminary screening exam to be held as per the courses to
be conducted on the loss adjusting branch basis as well as preparations for the dates, schedules,
scopes and application conditions of the courses to be opened shall be carried out by SEGEM
upon consulting with the Executive Committee, and shall be agreed by the Undersecretariat.
(4) Registration for application and course related information shall be announced in two of the
ten daily papers published across Turkey with the highest circulation in case the courses are to be
opened throughout the country; and in case the courses are opened on a provincial or regional
basis, they are announced by the TOBB on local daily papers for a period of three days at least
one month in advance and furthermore, they are published on the web pages of the
Undersecretariat, TOBB and the Association.
Courses and course completion exams
ARTICLE 7 (Modified: O.G. 9.5.2010-27576)
(1) The loss adjusting courses shall be held by the entities deemed suitable by the
Undersecretariat as per the principles and procedures set forth in this Regulation under the
coordination of or by SEGEM.
(2) The works related with the date, scope and conditions as well as other procedures and
principles for the course completion exams shall be carried out by SEGEM upon consulting with
the Executive Committee, and shall be agreed by the Undersecretariat. The course completion
exams shall be held by SEGEM.
(3) When applying for new licenses, loss adjusters licensed in other branches of loss adjusting
shall be exempt from the topics they have already taken and succeeded in.
(4) SEGEM notifies the Undersecretariat and the Executive Committee of those candidates who
have completed the courses and passed the exams, based on the results of the exam. The
candidates approved by the Undersecretariat shall be notified to the Executive Committee in
order to be included in the list of intern loss adjusters.
Internship
ARTICLE 8 (Modified: O.G. 9.5.2010-27576)
(1) The candidates who successfully complete the loss adjusting courses and exam may apply to
the Executive Committee for internship within three years as of the date the exam results are
announced by SEGEM. The Executive Committee will provide information to the applicant
candidates about the internship plan within three months at the latest.
(2) Those who fail to succeed in their course completion exams are given additional rights to
take two more exams. The candidates who attend none of the exams or who cannot succeed in
those exams lose their rights related with the eligibility to become loss adjusters.
(3) Those who have not applied for internship within the period set forth in paragraph one must
retake the loss adjusting course before taking the preliminary scanning exam.
(4) Loss adjusting internship shall be performed for a period of six months with loss adjusters
who hold loss adjusting licenses in the branch applied for, who have actively performed loss
adjusting activities for a period of at least five years, who have placed requests and who shall be
chosen by the Executive Committee.
(5) No internship shall be required for those who can prove they have worked at least for the
duration of the internship, as an employee on the payroll of loss adjusters specified in paragraph
four, assisting with the loss adjusting activities. In order for the employment period specified in
this paragraph hereby to be accepted as internship, such employment must have been completed
until five years prior to the date the exam results have been announced by SEGEM. Those who
have not completed the specified period may complete their internship for the incomplete period,
under the same terms and conditions.
(6) Loss adjusters who hold licenses for another branch of loss adjusting will be deemed to have
completed their internship period, provided that they certify having processed at least three loss
files in a period of at least three months as of the date the exam results have been announced by
SEGEM with loss adjusters who hold loss adjusting licenses in the branch applied for, and who
have actively performed loss adjusting activities for a period of at least five years.
(7) The durations of employment for those who are working for loss adjusters specified in
paragraph four, on a payroll basis, as of the date the exam results have been announced by
SEGEM will also be taken into account in the calculation of their internship periods.
(8) Intern loss adjusters may not perform loss adjusting on their own.
(9) Loss adjusters shall exercise maximum efforts to ensure that the intern loss adjusters
accompany them during their loss adjusting activities.
(10) In case of failure to find loss adjusters for the internship period, or in case such internship
period cannot be completed, the Executive Committee shall take the measures to ensure that the
internship period is completed in the way contemplated in this Regulation, taking into account
the relevant deadlines and a fair distribution.
(11) The loss adjusters offering the internship opportunity shall notify the internship
commencement date of the intern loss adjusters to the Executive Committee; and shall send
quarterly interim reports on the personal status, the works, and the degrees of success of the
interns, and send, within ten working days following the completion of the internship period the
justified conclusion report consisting of their opinions as to whether the candidate can perform
loss adjusting tasks or not.
(12) Upon receiving the conclusion reports of the loss adjusters on the status of the intern loss
adjusters, the Executive Committee shall provide a written opinion to the Undersecretariat on the
issuance of licenses to intern loss adjusters, extension of their internship periods, or necessity for
them to go through another internship period with another loss adjuster, or the fact that the intern
cannot become a loss adjuster, taking into account the interim reports as well.
(13) The Undersecretariat makes a decision on the status of the intern loss adjusters, by
assessing the relevant opinions of the Executive Committee, as well as the interim and
conclusion reports, if necessary, issued by the loss adjusters under whose supervision the
internship was completed. The outcome shall be notified to TOBB depending on the nature of
the decision made.
License
ARTICLE 9
(1)(Modified: O.G. 9.5.2010-27576) Information and documents set forth in Annexes 4 to 8 are
sought for issuing licenses to candidates who are eligible for becoming loss adjusters, provided
that the date of issuance is within the last six months at the latest. Application may be made to
TOBB or the chambers to be appointed by TOBB with such information and documents.
(2) The licenses of the candidates whose documents are complete shall be prepared by the
TOBB, and shall be conveyed to the Undersecretariat to be approved and sent to the relevant
parties.
(3) The Undersecretariat issues licenses to the loss adjusters whose documents which are
required are completed, and who are notified by TOBB to the Undersecretariat.
(4) The appearance of the licenses shall be determined by the Undersecretariat upon suggestions
by the Executive Committee, and they shall be printed by the TOBB.
CHAPTER FOUR
Register, Identity, Training, Data Records and Changes
Register
ARTICLE 10
(1) Loss adjusters who have been issued licenses shall apply taking as the basis the
announcements made by TOBB on its web pages. The adequate applications for being registered
in the register shall be made as per the principles established with the resolutions of the
Executive Committee.
(2) The loss adjusters who are real persons and who perform loss adjusting activities on behalf of
the loss adjuster who is a legal person shall also be separately entered into registration of the
legal person in the Register as a loss adjuster on payroll.
(3) The procedures and amounts regarding the annual payments of the loss adjusters registered in
the Register shall be determined by the Executive Committee. The annual payments for each
year must be made at the latest by December 31.
(4) The loss adjusters who obtain their licenses and do not register in the Register are held in a
separate list by the TOBB.
Loss Adjusters’ Identity
ARTICLE 11
(1) Loss adjusters who are real persons and who have been registered in the Register shall be
issued photo bearing loss adjuster identity cards indicating their relevant loss adjusting branches
and the fact that they are registered in the Register by TOBB or the chambers to be appointed by
TOBB. The chambers may charge a fee to be determined by TOBB in return for such services.
The contents of the relevant identity cards shall be determined by the Executive Committee, and
approved by the Undersecretariat.
(2) Loss adjusters shall present the loss adjuster identity cards when performing their duties,
even if this is not requested from them.
(3) Loss adjusters are responsible towards the Executive Committee for the protection of their
identity cards. The provisions governing the loss or the return of identity cards shall be
determined by the Executive Committee.
Loss adjuster training
ARTICLE 12
(1)(Modified: O.G. 9.5.2010-27576) Loss adjusters shall attend the training courses the dates and
programs of which shall be announced in advance and which shall be held in such a way as to
not exceed five working days a year; at least every five years. When calculating the relevant
five-year period, the date of the license or the renewal date shall be taken as the basis. The works
related with the duration, scope and fee of the training shall be carried out by SEGEM, upon
consulting with the Executive Committee. It is essential that such training courses are held by
SEGEM.
(2) The activities of the loss adjusters who have not received the training referred to in the first
paragraph of this article are suspended until such training is completed.
Data records and access to such records
ARTICLE 13
(1) The information related with the Register to be kept by the TOBB, the authorised users who
shall be granted external access for the information, and the contents of the records they can
access as well as the manner of such access shall be determined by the Undersecretariat, upon
consulting with the TOBB. The procedures for notification to TOBB or the chambers to be
appointed by TOBB in electronic medium shall be determined by TOBB.
(2) TOBB takes the necessary measures to notify the instructions of the Undersecretariat to the
loss adjusters as well as the resolutions and announcements deemed necessary by the Executive
Committee.
Notifying the Changes
ARTICLE 14
(1) Loss adjusters should notify in electronic medium the possible changes in the qualifications
set forth in this Regulation to TOBB or chambers to be assigned by TOBB, within three working
days at the latest following such change, in order to be entered into the Register. The documents
related with the changes shall be delivered to the chambers to be appointed by TOBB.
CHAPTER FIVE
The duties of loss adjusters, the terms and conditions of their operations
Duties of loss adjusters
ARTICLE 15
(1) The main duties of loss adjusters include the actual inspection of the reason and nature, and
quantity of the loss or damage which arise as a result of the realization of insured risks.
(2) Provided that the activities are related with insurance, loss adjusters may carry out activities
such as the preparation of agreed value and preliminary adjusting reports prior to the contract;
and they may carry out surveillance on damage risk prior to the damage taking place.
(3) After a loss adjuster has committed to the adjustment duty, in case his/her Register
registration is cancelled or in case s/he is unable to complete his/her duties due to any reason
whatsoever, the parties may either appoint another loss adjuster, or may request the Executive
Committee to assign a loss adjuster.
Appointing loss adjusters and loss adjusting fee
ARTICLE 16
(1) (Modified: O.G. 9.5.2010-27576) The provisions of Article 22 of the Law are complied with,
concerning the appointment of loss adjusters and loss adjusting fee. The Executive Committee
may prepare a tariff guide for loss adjusting fees, upon consulting with the Association and the
Undersecretariat.
(2) The other party objecting to the loss adjuster appointed by one of the parties may also appoint
a separate loss adjuster. In that case, the fee of the new loss adjuster shall be paid by the
insurance companies unless included in the contract as a special clause. If no agreement is
reached on either of the reports, the fee for the referee loss adjuster on which the parties will
agree shall jointly be paid by the parties. Application may be made to the Executive Committee
for the appointment of a referee loss adjuster.
(3) As for the loss adjusting fee, in case the expenses incurred during the course of the loss
adjusting exceed the projected expenses, this shall immediately be notified to the party paying
the fee.
Liabilities of the insurance company and the insured/ policy holder
ARTICLE 17
(1) Insurance companies are obliged to investigate whether the loss adjusters they will appoint,
as well as the ones to be appointed by the policy holder are registered in the Register. Otherwise
such loss adjusters shall not be assigned.
(2) Loss adjusters may invite the authorized individuals of the parties in case they deem
necessary, particularly in the case of major losses or damages.
(3) When determining losses or damages, loss adjusters may ask to see the original or the copy of
the insurance contract as well as the relevant documents and books from the relevant parties,
based on the legislation, and may take copies of such documents. Insurance companies and
brokers thereof, as well as the policy holders and the related parties shall assist the loss adjusters
to perform their duties in a sound and impartial manner.
Utilising the expertise services
ARTICLE 18
(1) In case of requirement, loss adjusters may utilise the services of experts who have proven
themselves in their relevant fields. In that case, the loss adjusters shall notify the identities and
the relevant fields of expertise of the experts to the party that has assigned them, prior to such
experts commencing work, and shall ensure the presence of the experts when they carry out the
relevant inspections. Otherwise the findings of these persons appointed as experts shall not be
deemed valid, and shall not be included in the report. The fees to be paid to these persons may
not be included in the loss adjusting fees.
(2) The parties appointing the loss adjusters may also appoint experts. The identities of the
experts appointed thus shall be notified to the loss adjusters in writing. The works and the
findings of such experts shall not be governed within the scope of this Regulation and the
payments made to them may not be included in the loss adjusting fee.
Protection of national wealth, environment and third parties
ARTICLE 19
(1) In case loss adjusters establish, during their inspections, that there are recovery options to
minimise the losses or damages, they shall immediately notify the authorities to commence the
recovery efforts.
(2) In order to ensure the protection of both the national wealth and the environment, and to
protect and inform third parties, loss adjusters shall notify the following to the relevant
authorities, or the Executive Committee with the purpose of notifying such authorities to take the
relevant measures:
a) Major damages in order to halt or minimize potential damages on the environment,
b) Repairs of vital importance in order to determine whether the repairs are duly carried out, and
the vehicles which shall be declared as “total loss.”
Preparation and presentation of the report
ARTICLE 20
(1) (Modified: O.G. 9.5.2010-27576) Loss adjusters shall complete the loss adjusting procedures
as soon as possible, and shall notify the amount of the loss or damage to the parties, if requested.
In case the loss adjusting takes longer than expected, or in case the final report cannot be
prepared due to various reasons, the loss adjuster shall issue an interim report clarifying the
reasons for delay as well.
(2) At the end of the loss adjusting, the loss adjuster shall enclose the signed agreement if the
parties have reached an agreement on the amount of the loss or damage, and if no agreement has
been reached, the disagreement declaration.
(3) (Modified: O.G. 9.5.2010-27576) In case the information and documents that the loss
adjusters require from the parties in writing or via channels of communication which can be
evidenced is not provided in a reasonable period, loss adjusters may form their opinions based on
the information and documents at hand, and thus complete their loss adjusting report.
(4) If there are findings in the loss or damage notices that the demand is not included in the scope
of the coverage, loss adjusters shall include these in the report.
(5) Intern loss adjusters shall sign the reports of the loss adjusting activities which they attend.
The reports signed by such loss adjusters shall be valid upon being signed by the loss adjusters
employing such interns.
(6) Loss adjusters shall submit a signed copy of the report they issue, to the party appointing
them, within seven work days at the latest as of the date the loss adjusting procedures have been
completed.
(7) A copy of the reports shall be given to the policy holder by the loss adjuster or the insurance
company, upon request by the policy holder.
(8) The reports may not be given to third parties without the permit of the Undersecretariat.
CHAPTER SIX
Principles of Activity, Objectivity, Responsibility, Supervision and Sanctions
Principles of activity
ARTICLE 21
(1) Loss adjusters who are legal persons are responsible for the damages which may be inflicted
on third parties pursuant to the activities of loss adjusters who perform loss adjusting activities
on their behalf and who are real persons. However, this shall not relieve the loss adjusters who
are real persons of their personal duties and responsibilities arising from this Regulation.
(2) Out of the loss adjusters who have fulfilled the conditions set forth in this Regulation and
who have been issued licenses, those who are registered in the Register may carry out loss
adjusting activities.
(3) In case there are losses concerning more than one branch of loss adjusting, the loss adjusting
activities for each specific loss shall be carried out by loss adjusters who hold licenses in the
relevant loss adjusting branch.
Objectivity
ARTICLE 22
(1) Loss adjusters shall conduct their inspections complying with the principle of objectivity
under any circumstances, and shall issue their reports without even the appearance of partiality.
(2) Cases whereby the values the loss adjusting of which shall be carried out and other insurable
and related interests belonging to the adjusters; as well as cases such as the selling, granting,
letting, renting; utilisation rights; debit-credit relations other than the loss adjusting fees, in
relation with the loss adjusters are deemed as important cases which shall raise suspicions
concerning objectivity. In that case, it is possible for the parties to re-appoint a loss adjuster.
(3) Loss adjusters may not obtain any indirect or direct interests other than the fee agreed upon
for loss adjusting, which may taint their objectivity.
(4) (Annex: O.G. 9.5.2010-27576) Loss adjusters who have worked for insurance and
reinsurance companies and who shall start loss adjusting duties as per the provisions of this
Regulation may not accept loss adjusting tasks from the insurance or reinsurance company they
have most recently worked for, for a period of one year as of the date they have left such
insurance or reinsurance company.
Code of ethics and professional standards
ARTICLE 23
(1) Loss adjusters are obliged to comply with the professional integrity and the code of ethics to
be determined by the Executive Committee, as well as professional standards; and to exercise
utmost due care with regards to clothing and appearance, bearing and conduct, interpersonal
relations as well as professional titles and office arrangements.
Storing information and documents
ARTICLE 24
(1) Loss adjusters shall keep the documents which are the bases for the reports, as well as the
relevant reports in an orderly manner, and for a period of five years, in order to be presented
during inspections.
(2) (Annex: O.G. 9.5.2010-27576) The Undersecretariat is authorized to determine the principles
and procedures for the storage of the documents and reports referred to in the first paragraph, in
electronic medium, or through other durable media and means.
Confidentiality
ARTICLE 25
(1) Loss adjusters may not disclose personal information or commercial secrets of the insurance
companies or the policy holders they become privy to during the course of their inspections and
later, to persons who are not legally authorised, may not submit provide such information
directly or indirectly.
Supervision
ARTICLE 26
(1) All activities of loss adjusters are supervised by the Undersecretariat.
Removal from the Register and withdrawal of license
ARTICLE 27 (Modified: O.G. 9.5.2010-27576)
(1) Following the inspections to be carried out by the Undersecretariat, in case it is found out that
the loss adjusters
a) Endanger the rights and interests of the parties who are parties to the insurance contract,
through the acts and operations within the framework of their activities, and
b) Display deeds and conducts jeopardizing the trust vested in the industry, and tainting the
reputation of the industry by acting against the legislation, the requirements of the insurance
business and rules of good faith,
their activities may be suspended temporarily by the Undersecretariat for a period of six to two
months. Those whose activities are suspended temporarily are notified by the Undersecretariat to
TOBB to be indicated in the Register.
(2) The licenses of the loss adjusters shall be withdrawn by the Undersecretariat in case
a) it is determined that they lose their objectivity or
b) they repeat the same deed within one year following the temporary suspension of their
activities pursuant to the issues referred to in the first paragraph.
(3) The persons whose licenses are withdrawn as a result of the resolution of the Undersecretariat
to expel from the profession both pursuant to the provisions of this article, and the resolutions
made by the Executive Committee, shall be notified to TOBB in order to be removed from the
Register. Such persons are included in the TOBB list of loss adjusters whose licenses are
withdrawn, never to perform loss adjusting activities again.
(4) Upon being served the relevant notices, those whose registrations are removed from the
Register and whose licenses are withdrawn, shall immediately submit to TOBB or the chamber
to be authorized by TOBB the licenses and the identity cards they hold.
(5) In cases other than those requiring the loss adjusters to be expelled from the profession,
procedures regarding the removal from the Register shall be carried out by the Executive
Committee.
CHAPTER SEVEN
Agricultural Insurance Pool Loss Adjusters; Loss Adjusting Documents and Registrations
Agricultural insurance pool loss adjusters
ARTICLE 28 (Modified: O.G. 9.5.2010-27576)
(1) Agricultural Insurance Pool loss adjusters are exempt from the provisions of this Regulation
governing exams, courses and internship as per the Agricultural Insurance Law No. 5363 and
dated14/6/2005.
(2) Agricultural Insurance Pool loss adjusters are subject to the arrangements to be carried out by
the Agricultural Insurance Pool with regards to the disciplinary actions related with the risk
inspection and damage determination activities carried out on behalf of the Pool, provided that
they are not in conflict with the penalties set forth in the fifth paragraph of Article 26 of the Law.
(3) Agricultural Insurance Pool loss adjusters may also carry out activities in agriculture and
livestock loss adjusting branches.
Agricultural insurance pool loss adjusting documents and registration
ARTICLE 29
(1) The documents to be presented by Agricultural Insurance Pool loss adjuster candidates to the
Undersecretariat in line with the relevant legislation shall be sent to TOBB.
(2) The loss adjusting documents of the candidates whose documents are complete shall be
prepared by the TOBB, and shall be conveyed to the Undersecretariat to be approved and sent to
the relevant parties.
(3) The Undersecretariat issues the documents for the Agricultural Insurance Pool loss adjusters
whose necessary documents are completed, and who are notified by TOBB to the
Undersecretariat.
(4) The Agricultural Insurance Pool loss adjusters who are tracked through a different list at
TOBB shall also be announced on the web page of TOBB.
(5) The procedure for removal of the Agricultural Insurance Pool loss adjusters who shall be
removed from the list on a temporary or permanent basis, and who shall not be allowed to
perform loss adjusting tasks anymore shall be monitored by TOBB, through the instructions of
the Undersecretariat.
(6) The form of the Agricultural Insurance Pool loss adjusting documents as well as the fees to
be charged for the list registration of the Agricultural Insurance Pool loss adjusters shall be
determined as per the protocol to be signed between the Agricultural Insurance Pool Operator
and TOBB, and shall be approved by the Undersecretariat. The Agricultural Insurance Pool loss
adjusting documents shall be printed by TOBB.
CHAPTER EIGHT
Provisional and Final Provisions
Transition provisions
PROVISIONAL ARTICLE 1
(1) In line with the loss adjuster requirement to be identified following the studies carried out
pursuant to article 6, a one-time only course will be held for those persons who have graduated
from at least high school or equivalent schools in the land vehicles loss adjusting branch, and
from four-tear vocational schools in other branches of loss adjusting on the date this Regulation
has entered into force, and who fulfil the following conditions:
a) Having worked at the damage departments of insurance and reinsurance companies for a
period of five years or longer as a first or a second degree signatories as clerks, assistant
supervisors, supervisors, assistant specialists, specialists, assistant functionaries, functionaries,
assistant managers, managers, assistant department managers, department managers; having
worked at the risk engineering departments as risk engineers for a period of five years or longer
as a first or a second degree signatories,
b) Having worked as assistants at the damage departments of reinsurance companies operating
Domestic Reinsurance Pool System for a period of five years or longer,
c) Having worked as surveyors for the Turkish Lloyd for a period of five years or longer,
ç) Having worked on technical matters related with the loss adjusting profession, with loss
adjusters who are real or legal persons, for a period of five years or longer.
(2) Such persons are required to have processed, as authorized, at least one damage file per year
in the loss adjusting branch for which they are seeking licenses, in order to be eligible for
attending the courses.
(3) (Annex: O.G. 9.5.2010-27576) The internship period referred to in the fourth paragraph of
Article 8 shall be applied as three months for the persons listed within the scope of sections (a),
(b) and (c) of the first paragraph.
Current loss adjusting documents
PROVISIONAL ARTICLE 2
(1) The Current Loss Adjusting Documents shall be converted by the Undersecretariat into
licenses corresponding to the loss adjusting branches specified with this Regulation.
Regulation abolished
ARTICLE 30
(1) The Regulation on Loss Adjusters published in the Official Gazette No. 21225 and dated
11/5/1992 has been abolished.
Entry into Force
ARTICLE 31
(1) This Regulation shall enter into force on the date of its publication.
Enforcement
ARTICLE 32
(1) The provisions of this Regulation shall be executed by the Minister in charge of the
Undersecretariat of Treasury.
Appendix 1
BRANCH(2) BRANCH(2) SUB BRANCH(2)
a LAND VEHICLES 717 Motor Vehicles – Motor
Own Damage
737 Land Vehicles Other
Than Motor Vehicles
b
AIRCRAFT, SHIPS AND
RAILWAY ROLLING
STOCK
712 Sea Vessels
713 Railway Rolling Stock
727 Aircraft
738 River Vehicles
739 Lake Vehicles
c GOODS ON TRANSIT
710 Cargo
711 Specie
ç
FIRE, NATURAL
FORCES/ACCIDENT
THEFT
701 Fire
703 Compulsory Earthquake
723 Plate Glass
724 Theft
740 Facultative Earthquake
741 Flood
742 Natural Forces Other
Than Earthquake and
Flood
743 Nuclear Energy
744 Land Subsidence
761 Explosion
d ENGINEERING
765 Machinery Breakdown
766 Erection All Risk
767 Construction All Risk
768 Electronic Equipment
e CREDIT/FINANCE
702 Loss of Profit
745 Instalment Credit
746 Mortgage
747 Agricultural Credit
748 Employment
749 Insufficiency of Income
752 Bad Weather
753 Continuing General
Expenses
754 Unforeseen Trading
Expenses
755 Credit Insurance
756 Export Credit Insurance
757 Loss of Market Value
758 Loss of Rent and
Revenue
759 Other Forms of
Financial Losses
SURETYSHIP, LEGAL
EXPENSES, ASSISTANCE
736 Suretyship
760 Legal Expenses
798 Assistance
f
HEALTH/SICKNESS/
PERSONAL ACCIDENT
718 Compulsory Road
Passenger
Transportation Personal
Accident
729 Aviation Personal
Accident
750 Personal Accident
751 Long Term Personal
Accident Insurance
784 Health
785 Sickness
786 Travel Health
790 Annuity
791 Others
792 Marriage/Birth
793 Investment Funded
Insurance
794 Capital Redemption
795 Management of Funds
796 Sickness
g AGRICULTURE
775 Hail Greenhouse
776 State Supported
Greenhouse
777 State Supported Crop
778 State Supported
Aquaculture
779 State Supported
Livestock
780 Livestock
781 Poultry
782 State Supported Poultry
GENERAL LIABILITY
714 Compulsory Third Party
Liability Insurance for
Road Passenger
Transportation
715 Motor Vehicles Third
Party Liability
716 Motor Vehicle
Facultative Third Party
Liability
719 Employer Third Party
Liability
720 General Third Party
Liability
721 Elevator Accident Third
Party Liability
725 Third Party Liability for
LPG
726 Compulsory Third Party
Liability for Dangerous
Materials and
Hazardous Waste
728 Aircraft Financial
Liability
731 Private Security Third
Party Liability
732 Compulsory Certificate
Third Party Liability
733 Professional Liability
734 Sea Pollution
Compulsory Third Party
Liability for Coastal
Plants
735 Liability for Ships
769 Compulsory Third Party
Liability for the
Institutions Controlling
the Constructions
Appendix: 2
UNDERTAKING
T.R. PRIME MINISTRY
TO THE TREASURY UNDERSECRETARIAT
I hereby warrant/undertake that I am not violating the provisions of the fourteenth paragraph of
Article 22 of the Insurance Law No. 5684 which stipulates that “Partners of insurance companies,
insurance agents and brokers, persons in charge of management and audit of these, persons who have
signing power on their behalf, and company employees engaged in professional activity; shall not act as
a loss adjuster, be appointed to the board of directors and auditing board of any legal person loss
adjuster, use signing power on their behalf, become partner of these and accept any paid work from
them. Such restrictions shall also apply to the spouses of these persons and the children under their
custody.” ……./……/……
(For real person) Name and Surname of the
Loss Adjuster
(Signature)
(For legal person) Title of the Loss Adjuster
Name and Surname of the
Authorized Party for the Legal
Person
(Signature)
Appendix 3
INFORMATION FORM
NOTE FOR REAL PERSONS NOTE FOR LEGAL PERSONS EXPLANATION
1. Name and Surname and the
T.R. Identity Number must be
entered.
2. All charts shall be filled out
(“-“ shall be used, if N/A)
1. Commercial Title and the Tax
Office as well as the Tax
Number must be entered.
2. Only chart 1 shall be filled out
(“-“ shall be used, if N/A)
BUSINESS and PARTNERSHIP
details other than LOSS
ADJUSTING shall be entered into
chart details.
1. NAME- LAST NAME /
COMMERCIAL TITLE
1. T.R IDENTITY NO/TAX OFFICE
NO.
CHARTS
1. INFORMATION ON
COMPANIES IN WHICH THE
INDIVIDUAL HAS PARTNERSHIPS
Company Title Tax No Field of
Activity
Duties, if
any
Nominal
Capital
TL
Partnership
Ratio %
(In case these companies are companies the shares of which are traded in Stock Exchanges, and in case
the share quantities correspond to less than 5% of their capital, it is not necessary to write them in this
section)
2. INFORMATION ABOUT
HIS/HER CURRENT
EMPLOYMENT
Name of the Workplace Tax No (if any) Field of
Activity
Duty at
Work
3. INFORMATION ABOUT
HIS/HER PREVIOUS
EMPLOYMENT
Name of the Workplace Tax No (if any) Field of
Activity
Duty at
Work
Name and Surname (Company
Title if any)
Signature
../../….
PERSONAL INFORMATION TO BE ACQUIRED THROUGH ELECTRONIC MEDIUM FOR ALL LOSS ADJUSTERS
Appendix: 4
TITLE EXPLANATION
Name Shall be obtained from the civil registry with full record
Second Name Shall be obtained from the civil registry with full record
Last Name Shall be obtained from the civil registry with full record
Maiden Name (if any) (For Ladies) Shall be obtained from the civil registry with full record
Gender Shall be obtained from the civil registry with full record, and shall be entered
as “M” or “F”.
Place of Birth (City) Shall be obtained from the civil registry with full record (Shall be entered in
standard format)
Birth Date Shall be obtained from the civil registry with full record, and shall be entered
as dd.mm.yy
Home Address Shall be obtained from the residence certificate (in order to establish
residency in Turkey).
T.R. Identity No. Shall be obtained from the civil registry with full record
Judicial Records In case there are no provisions to the contrary in the judicial records
consisting of archives as well, a “” shall be entered.
Bankruptcy/Declaration
of Bankruptcy
Shall be taken as a statement. If the individual has not declared a bankruptcy
or is not bankrupt, a “” shall be entered.
Education Referred to the diploma for the most recent graduation, shall be entered as
“HIGH-SCHOOL”, “UNDERGRADUATE”, “GRADUATE”, or “POST-GRADUATE”.
School/Major Referred to the diploma for the most recent graduation (Shall be entered in
standard format)
Passport Size Photo .jpeg, 94 x 128 pixels
Foreign Languages Either “NONE”, or entered as “LITTLE”, “AVERAGE”, “GOOD” or “VERY
GOOD” only for those holding certificates
Undertaking Appendix: 2 If an undertaking statement has been obtained for Article 22/14 of the
Insurance Law, a “” shall be entered.
Information Form
Appendix: 3
If there are no provisions in the information form that is against the
legislation, a “” shall be entered.
Mobile Phone No Service Code – Telephone No.
Shall be entered separately for each license held
License Date The date of the license issued by the Treasury
License No The no. of the license issued by the Treasury
Date of Registration in
the Register
Shall be given as per the order of registration by the Executive Committee,
when the application is completed.
Register No. Shall be given as per the order of registration by the Executive Committee,
when the application is completed.
Registration
Fee/Annuity for the
Register
A “” shall be entered at the time of application, and if paid ever year
(SHALL BE FILLED OUT BY THE EXECUTIVE COMMITTEE).
Name of Loss Adjusters’
Association
Verbal statement of “LOSS ADJUSTERS’ ASSOCIATION” s/he is a member of, if
any, and shall be written “NONE”, if there are no such memberships.
Loss Adjusters’
Association Member No.
Verbal statement of “NO. of LOSS ADJUSTERS’ ASSOCIATION” s/he is a
member of, if any, and shall be written “NONE”, if there are no such
memberships.
OFFICE INFORMATION TO BE PROVIDED IN ELECTRONIC MEDIUM FOR INDEPENDENT LOSS ADJUSTERS
WHO ARE REAL PERSONS
Appendix: 5
TITLE EXPLANATION
Commercial Title Shall be obtained through verbal statement.(2)
Type “REAL” shall be entered as the type.
Office Address Shall be obtained through verbal statement.(2)
District Shall be obtained through verbal statement.(2)
Town Shall be obtained through verbal statement.(2)
City Shall be obtained through verbal statement.(2)
Office Phone No. Area Code – Telephone No.
Office Facsimile No. Area Code – Facsimile No.
Office e-mail address Shall be obtained through verbal statement (SHALL BECOME STANDARD
AFTER REGISTRATION WITH THE REGISTER)
Tax Office Shall be obtained from the Tax Registration Certificate
Tax No. Shall be obtained from the Tax Registration Certificate
Commercial Registration
Gazette
A “” shall be entered if compliant with the legislation (the expression
“operating as a loss adjuster” shall be sought for)
Commercial Registration
Certificate
A “” shall be entered if compliant with the legislation and the undertaking
Physical Infrastructure A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Technical Infrastructure A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Administrative
Infrastructure
A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Human Resources A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Currently Active or Not “ACTIVE”, information shall be entered (THEN THE CHAMBER OF TURKISH
UNION OF CHAMBERS AND COMMODITY EXCHANGES SHALL ENTER
INFORMATION SUCH AS “INACTIVE”, “DEATH”, “CANCELLATION”,
“TERMINATION”, ETC.
ESTABLISHMENT INFORMATION TO BE PROVIDED IN ELECTRONIC MEDIUM FOR LOSS ADJUSTERS WHO
ARE LEGAL PERSONS
Appendix: 6
FOR COMPANIES
TITLE EXPLANATION
Commercial Title Shall be obtained from the Commercial Registration Gazette
Type Shall be entered as “LTD”, “AS” etc. depending on the company type
Office Address Shall be obtained from the Commercial Registration Gazette
District Shall be obtained from the Commercial Registration Gazette
Town Shall be obtained from the Commercial Registration Gazette (shall be
entered in standard format)
City Shall be obtained from the Commercial Registration Gazette (shall be
entered in standard format)
Office Phone No. (1) Area Code – Telephone No.
Office Phone No. (2) Area Code – Telephone No.
Office Facsimile No. Area Code – Facsimile No.
Office e-mail address Shall be obtained through verbal statement (SHALL BECOME STANDARD
AFTER REGISTRATION WITH THE REGISTER)
Company Web Address Shall be obtained through verbal statement
Tax Office Shall be obtained from the Tax Registration Certificate
Tax No. Shall be obtained from the Tax Registration Certificate
Bankruptcy/Declaration
of Bankruptcy
If the company has not declared a bankruptcy or is not bankrupt, a “” shall
be entered.
Articles of Association A “” shall be entered if compliant with the legislation (the expression
“operating exclusively as a loss adjuster” shall be sought for)
Commercial Registration
Gazette
A “” shall be entered if compliant with the legislation
Commercial Registration
Certificate
A “” shall be entered if compliant with the legislation
Undertaking Appendix: 2 If an undertaking statement has been obtained for Article 22/14 of the
Insurance Law, a “” shall be entered.
Information Form
Appendix: 3
If there are no provisions in the information form that is against the
legislation, a “” shall be entered.
Physical Infrastructure A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Technical Infrastructure A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Administrative
Infrastructure
A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
Human Resources A “” shall be entered if compliant with the terms and conditions specified
by the Executive Committee
License Date The date of the license issued by the Treasury
License No The no. of the license issued by the Treasury
Date of Registration in
the Register
Shall be given as per the order of registration by the Executive Committee,
when the application is completed.
Register No. Shall be given as per the order of registration by the Executive Committee,
when the application is completed.
Registration
Fee/Annuity for the
Register
A “” shall be entered at the time of application, and if paid ever year
(SHALL BE FILLED OUT BY THE EXECUTIVE COMMITTEE).
Currently Active or Not “ACTIVE”, information shall be entered (THEN THE CHAMBER OF TURKISH
UNION OF CHAMBERS AND COMMODITY EXCHANGES SHALL ENTER
INFORMATION SUCH AS “INACTIVE”, “DEATH”, “CANCELLATION”,
“TERMINATION”, ETC.
Name of Loss Adjusters’
Association
Verbal statement of “LOSS ADJUSTERS’ ASSOCIATION” s/he is a member of, if
any, and shall be written “NONE”, if there are no such memberships.
Loss Adjusters’
Association Member No.
Verbal statement of “NO. of LOSS ADJUSTERS’ ASSOCIATION” s/he is a
member of, if any, and shall be written “NONE”, if there are no such
memberships.
FOR BRANCHES (shall be filled out separately for each branch)
TITLE EXPLANATION
Branch Address Shall be obtained from the Commercial Registration Gazette
Branch Town Shall be obtained from the Commercial Registration Gazette (shall be
entered in standard format)
Branch City Shall be obtained from the Commercial Registration Gazette (shall be
entered in standard format)
Branch Phone No. Area Code – Telephone No.
PERSONAL INFORMATION TO BE ACQUIRED THROUGH ELECTRONIC MEDIUM FOR THE PARTNERS WHO
ARE NOT LOSS ADJUSTERS IN LEGAL PERSONS
Appendix: 7
TITLE EXPLANATION
FOR PARTNERS WHO ARE REAL PERSONS (shall be filled out separately for each partner)
Name and Last Name Shall be obtained from the civil registry with full record
Maiden Name (if any) (For Ladies) Shall be obtained from the civil registry with full record
Gender Shall be obtained from the civil registry with full record, and shall be entered
as “M” or “F”.
T.R. Identity No. Shall be obtained from the civil registry with full record
Judicial Records In case there are no provisions to the contrary in the judicial records
consisting of archives as well, a “” shall be entered.
Bankruptcy/Declaration
of Bankruptcy
If the individual has not declared a bankruptcy or is not bankrupt, a “” shall
be entered.
Partnership Ratio Shall be obtained from the Commercial Registration Gazette (it shall be
entered as a percentage, and the total of all partners shall be 100%)
Partnership
Commencement Date
Shall be obtained from the Commercial Registration Gazette
Partnership Termination
Date
Shall be obtained from the Commercial Registration Gazette (in order to
update in case there are any changes)
Undertaking Appendix: 2 If an undertaking statement has been obtained for Article 22/14 of the
Insurance Law, a “” shall be entered.
Information Form
Appendix: 3
If there are no provisions in the information form that is against the
legislation, a “” shall be entered.
FOR PARTNERS WHO ARE LEGAL PERSONS (shall be filled out separately for each partner)
Legal Entity Commercial
Title
Shall be obtained from the Commercial Registration Gazette
Bankruptcy/Declaration
of Bankruptcy
If the company has not declared a bankruptcy or is not bankrupt, a “” shall
be entered.
Partnership Ratio Shall be obtained from the Commercial Registration Gazette (it shall be
entered as a percentage, and the total of all partners shall be 100%)
Partnership
Commencement Date
Shall be obtained from the Commercial Registration Gazette
Partnership Termination
Date
Shall be obtained from the Commercial Registration Gazette (in order to
update in case there are any changes)
Undertaking Appendix: 2 If an undertaking statement has been obtained for Article 22/14 of the
Insurance Law, a “” shall be entered.
Information Form
Appendix: 2
If there are no provisions in the information form that is against the
legislation, a “” shall be entered.
INFORMATION TO BE ACQUIRED THROUGH ELECTRONIC MEDIUM FOR All LOSS ADJUSTERS EMPLOYED
IN LEGAL PERSONS (shall be filled out separately for each LOSS ADJUSTER who is a PARTNER, a
MANAGER, or who is on the PAYROLL)
Appendix: 8
TITLE EXPLANATION
Shall be filled out separately for each loss adjuster
Duty Shall be entered as “MANAGER” , “PARTNER” or “ON PAYROLL” depending
on the position
Place of Duty Shall be entered as “HEADQUARTERS”; “BRANCH-CITY- (standard)” or for
others as “CITY- (standard)”, depending on the place of duty
Shall be filled out separately only for each loss adjuster who is a partner
Partnership Ratio Shall be obtained from the Commercial Registration Gazette (it shall be
entered as a percentage, and the total of all partners shall be 100%)
Partnership
Commencement Date
Shall be obtained from the Commercial Registration Gazette
Partnership Termination
Date
Shall be obtained from the Commercial Registration Gazette (in order to
update in case there are any changes)
Shall be filled out separately only for each loss adjuster who is an employee
Date of Commencement
of Employment
Shall be obtained by verbal statement, and updated if there are any changes
Date of Termination of
Employment
Shall be obtained by verbal statement, and updated if there are any changes
Unofficial Translation
Kaya & Partner Hukuki Danışmanlık
Lawyers – Rechtsberatung
Istanbul / Turkey