Professional Documents
Culture Documents
BETWEEN
AND
<Name of Agent>
<NRIC. No.>
Between
FWD TAKAFUL BERHAD, Registration No. 200601011780 [731530-M] a company incorporated under the
laws of Malaysia with its place of business at Level 29 Menara Shell, 211 Jalan Tun Sambanthan, Brickfields
50470 Kuala Lumpur (hereinafter to be referred as the “Takaful Operator”)
And
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
(hereinafter to be referred to as the “Agent”)
WHEREAS:
A. By an Agency Leaders Corporation Agreement made on ___ day of _______ 20__ (“the ALC
Agreement”) between the Takaful Operator of one part and the Agency Leaders Corporation (“ALC”)
of the other part, the parties thereto agreed to the appointment of the ALC as an agency leaders
corporation of the Takaful Operator for the purpose of procuring for and transmitting to the Takaful
Operator proposals for family takaful products and to render other services mentioned therein;
B. The Takaful Operator is desirous of appointing the Agent and the Agent is desirous of being appointed
as an agent of the Takaful Operator under the ALC for the purpose of procuring for and transmitting
to the Takaful Operator proposals for family takaful products and annuities upon the terms and
conditions hereinafter appearing; and
C. Simultaneously with the execution of this Agreement, the Agent enters into an agent's agreement
with the ALC (which agent's agreement with the agency leaders corporation shall hereinafter be
referred to as "the Agent’s Agreement with the ALC").
IT IS AGREED as follows:
1 APPOINTMENT
1.1 Subject to the terms of this Agreement, the Takaful Operator appoints the Agent to act as its agent
to:
(a) promote and secure customers for the takaful products designated and notified by the Takaful
Operator from time to time (“Products”); and
(b) provide other services to such customers which are incidental to or in connection with his
capacity as an agent of the Takaful Operator.
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1.2 The Agent agrees to act as the agent of the Takaful Operator, subject to the terms of this Agreement.
The Parties agree that the appointment of the Agent under this Agreement is based on ‘Wakalah bi
al-ujrah’ (paid agency contract).
1.3 The Agent is authorized to procure and submit to the Takaful Operator applications for all Products
within Malaysia.
1.4 Nothing in this Agreement is to be construed to create the relation of employer and employee
between the Takaful Operator and the Agent.
2 TERM
This Agreement commences from the date of this Agreement and continues until it is terminated in
accordance with Clause 10 (“Term”).
3 PAYMENTS
3.1 During the continuance of this Agreement, the Takaful Operator shall pay all basic commission,
overriding commission, and any other payments including all commissions as well as all bonuses,
benefits and all other payments (“Payments”) to the ALC. All Payments mentioned in this Clause shall
be paid by the Takaful Operator to the ALC in accordance with the ALC Agreement.
3.2 The Agent hereby agrees and acknowledges that the Takaful Operator shall make all Payments to the
ALC whereupon the Takaful Operator shall be discharged from any obligation for any Payments or
any part thereof towards the Agent; and the Takaful Operator shall not at any time be responsible
for determining how such Payments or any part thereof made to the ALC shall be eventually paid by
the ALC to the Agent. However, if the ALC fails to fulfil its obligation to its agent, the Takaful Operator
reserves the rights to take the necessary action against the ALC upon receiving complaints from the
agent to protect the right of the agents who is registered with the Takaful Operator. The obligation
herein refers to Payments stated in "the Agent's Agreement with the ALC" signed between ALC and
its agent.
3.3 The Agent is entitled to commission on any Products if his name appears on the application form for
such Products as the agent (“Commission”). Products secured by more than one agent must be
treated as joint business of the agents, and the Commission payable must be divided equally between
the agents whose names appear on the application form. Such joint business and sharing of
Commission is limited to a maximum of two agents under the same agency leader, or such other
persons authorised by the Takaful Operator.
3.4 With respect to certificates issued upon the application submitted by the Agent:
(a) If the certificate is amended or converted to another certificate plan, the Commission payable
for the amended or converted certificate must be determined by the rules of the Takaful
Operator at the time of such amendment or conversion. The Agent is not entitled to any
Commission on the amended or converted certificate unless the amendment or conversion is
affected by the Agent.
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(b) If a new certificate is issued and a previously existing certificate on the same person covered
terminates within one year before or after the issuance of the new certificate, no Commission
will be paid on the new certificate. If a Commission is paid on the new certificate, the Takaful
Operator is entitled to claw back such Commission. This Clause 3.4(b) is subject to the Takaful
Operator’s policy on replacement of certificates.
(c) If any certificate terminates for non-payment of contribution and is reinstated subsequently,
the Agent is entitled to receive the Commission payable on such certificate if he reinstates the
terminated certificate within ninety (90) days from the termination date. This Clause 3.4(c) is
subject to the Takaful Operator’s policy on reinstatement.
(d) If the Takaful Operator refunds the contributions to the certificate holder due to a certificate
cancellation during the free look period or mis-selling, the Agent must return to the Takaful
Operator the amount of Commission received on the contributions so refunded. The Agent
authorizes the Takaful Operator to charge the Agent’s account for such amounts.
3.5 The Takaful Operator can provide the Agent any benefit, remuneration or privilege which is not set
out in the Agency Handbook.
4 AGENCY HAND-BOOK
4.1 The Agency Handbook is subject to amendments by the Takaful Operator from time to time.
4.2 The Agent has to comply with the circulars and directives issued in the Agency Handbook relating
to the operation and conduct of agents from time to time.
(a) comply with all applicable laws, regulations and industry guidelines (including the Malaysian
Takaful Association (“MTA”) Code of Ethics) applicable to him in his capacity as an agent of
the Takaful Operator;
(b) use his best effort to submit all applications received by the Agent to the Takaful Operator;
(c) solicit or distribute products for the Takaful Operator only;
(d) ensure that he is fit and proper to carry out his obligations under this Agreement and always
conduct himself with professionalism, fairness, integrity and honesty;
(e) act in the best interests of the prospective certificate holder, and placing the interest of the
certificate holders before his own interests;
(f) promptly report to the Takaful Operator any claim made by a certificate holder or
beneficiary, the rightful nominee duly named or deemed under the Islamic Financial Services
Act 2013 (as amended from time to time). The Agent must not make any admission of liability
or offer to settle any claim on behalf of the Takaful Operator;
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(g) inform the Takaful Operator and the prospective certificate holder every fact and
circumstances within his knowledge relevant to the acceptance of the risk by the Takaful
Operator. The Agent must also accurately inform the Takaful Operator every fact disclosed
to him by the proposed person covered and/or any other person relevant to the Takaful
Operator’s acceptance of the risk;
(h) provide the prospective certificate holder a needs analysis as required by any industry body
or regulator, and inform the prospective certificate holder any information and facts relevant
to the risk to be underwritten by the Takaful Operator; and
(i) comply with all policies and rules issued by the Takaful Operator from time to time.
5.3 The Agent must obtain the prior written consent of the Takaful Operator at least fifteen (15) business
days before carrying out the following:
(a) directly or indirectly publish any materials concerning the Takaful Operator or any other takaful
operator in any newspapers, magazines or publications;
(b) issue press releases, hold press conferences or speak to the media about the Takaful Operator,
its certificate holders or any other takaful operator; and
(c) directly or indirectly issue or distribute any materials or letters about the Takaful Operator or
other takaful operator to any newspapers, magazine, publication or regulatory authority.
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6 TRUSTEE
6.1 All monies, property or securities received by the Agent on behalf of the Takaful Operator must be
held by him as a fiduciary trustee on trust.
6.2 The Agent must not use, appropriate and/or in any way dispose of the monies, property or securities
belonging or payable to the Takaful Operator, and must promptly report and hand over to the Takaful
Operator all such monies, property or securities held by him.
7 REPORTING OBLIGATION
7.1 Upon request from the Takaful Operator, the Agent must provide a detailed report on any of
the following to the Takaful Operator:
(a) certificates, applications, receipts or notes in his possession for delivery to, or collection by,
the certificate holders;
(b) certificates, applications or receipts returned to him by certificate holders for cancellation by
the Takaful Operator;
(c) every item of business transacted by him; and
(d) detailed account of all the monies, property or securities in his possession or control belonging
to the Takaful Operator.
7.2 Upon termination of this Agreement, the Takaful Operator has the right to request for the report in
Clause 7.1.
8 DELIVERY OF CERTIFICATE
Unless authorized by the Takaful Operator, the Agent must not deliver to any person or body of
persons any certificate or renewal receipt of the Takaful Operator until the contributions due has
been paid to the Takaful Operator.
9.1 The Agent cannot make any amendments to any of the documents of the Takaful Operator or any
applicant which may from time to time be in the possession of the Agent.
9.2 The Agent can only use or provide any prospective certificate holder or other relevant party the
illustrations, brochures or other documents supplied by the Takaful Operator to the Agent.
9.3 The Agent must ensure that any amendments in the original application are countersigned by the
certificate holder, except in situations where the application form and such countersigning is not
possible.
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10 TERMINATION
10.2 This Agreement can be terminated by the Takaful Operator by giving seven (7) days written notice to
the Agent upon the occurrence of:
(a) the Agent does not meet persistency, production, training or other maintenance requirements
in respect of the Agent’s operations set by the Takaful Operator, Bank Negara Malaysia, MTA
and other regulatory authorities from time to time;
(b) the Agent commits any criminal offence, fraud, dishonesty or unlawful conduct;
(c) the institution of proceedings by or against the Agent in bankruptcy or under insolvency laws or
for a receivership, or the Agent enters into a composition with creditors;
(d) the Agent breaches any term and condition of this Agreement;
(e) the Agent does not act in the interest of the Takaful Operator and its certificate holders;
(f) the Agent makes any misrepresentation to any person to secure the participation in any takaful
plan or to induce the Takaful Operator to accept a proposal;
(g) the Agent does not comply with any code of conduct, guideline, rule or law that may be
applicable from time to time; and
(h) by any act or omission of the Agent including any breach of law and brings discredit to the
reputation and integrity of the Takaful Operator or is guilty of any conduct which in the opinion
of the Takaful Operator is prejudicial to the Takaful Operator’s interest.
10.3 Upon termination of this Agreement or resignation of the Agent, all of the Agent’s rights to
Commissions cease immediately.
10.4 Upon termination of this Agreement or resignation of the Agent, the Agent must not solicit or induce
any certificate holder of the Takaful Operator to cancel, amend or reduce any certificate.
11.1 The Agent indemnifies and holds the Takaful Operator harmless from all claims, demands, losses,
damages, expenses (including all legal costs) arising out of any breach of this Agreement by the Agent.
11.2 If the Agent has any debt or liability due to the Takaful Operator or third parties which may claim
against the Takaful Operator, the Takaful Operator is entitled at any time to set-off such amounts
against any sum due to the Agent. Any exercise by the Takaful Operator under this Clause 11.2 is
without prejudice to its other rights or remedies under this Agreement.
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11.3 If the Takaful Operator receives a medical examination report on the proposed person covered, and
the contributions received by the Takaful Operator is insufficient to cover the medical examination
cost, the Agent must reimburse such cost to the Takaful Operator.
12 CONFIDENTIAL INFORMATION
12.1 The Agent must treat the terms of this Agreement and the Agency Handbook confidential.
12.2 If required by the Takaful Operator, the Agent must promptly return to the Takaful Operator all
uncollected certificates and contribution receipts in his possession.
12.3 Upon termination of this Agreement, the Agent must immediately return to the Takaful Operator all
property(ies) of the Takaful Operator, documents, data and software which the Agent has or is
capable of having in his custody or possession.
13 NOTICES
13.1 Any notice or other communication regarding this Agreement is properly given if delivered to the
address as stated in this Agreement or such other last known address as the party may notify from
time to time by written notice to the other party:
13.2 Any notice or communication delivered in accordance with Clause 13.1 is deemed to have been
received:
14 GENERAL
14.1 When handling data and information given by customers and the Takaful Operator, the Agent must
comply with the Personal Data Protection Act 2010 and such other rules and regulations relating to
personal data.
14.2 No failure on the part of the Takaful Operator to exercise, and no delay on its part in exercising, any
right or remedy under this Agreement will operate as a waiver.
14.3 This Agreement, together with any supplementary agreement, the Agency Handbook and MTA’s
Code of Ethics for takaful agents shall constitute the entire agreement and understanding between
the Takaful Operator and the Agent with respect to the terms in this Agreement.
14.4 All amendments to this Agreement are not effective unless expressed in writing and signed by the
Takaful Operator and the Agent.
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14.5 The Takaful Operator can assign this Agreement to any successor or affiliated company. The Agent
cannot assign any right or interest without the prior consent of the Takaful Operator.
14.6 At the request of the Agent, and upon approval by the Takaful Operator, the Agent’s entitlements
under this Agreement will be transferred to his successor-in-title (as defined in the Agency Handbook)
in the event of the Agent’s death, subject to the terms and conditions stipulated in the Agency
Handbook.
14.7 This Agreement is governed by and construed in accordance with the laws of Malaysia, and the
Takaful Operator and the Agent agree to submit to the exclusive jurisdiction of the courts of Malaysia.
14.8 In the event of any inconsistency between the terms of this Agreement and the terms of the Agent's
Agreement with the ALC, the terms of this Agreement shall prevail, save and except for the benefits
and commissions payments.
(a) will comply with Takaful Operator’s existing company policies and guidelines, as updated from
time to time, (including without limitation Takaful Operator’s Gifts, Entertainment and Anti-
Bribery Policy);
(b) will comply with all applicable anti-corruption laws; and
(c) will not directly or indirectly make or authorize an offer, payment, promise to pay, any bribe,
kickback, illegal payment or corrupt transfer of anything of value to:
(i) any officer or employee of a government at any level, or of any department, agency, or
instrumentality of a government, including but not limited to any state-owned or state-
controlled enterprise; any holder of or candidate for public office; any political party or
official of a political party; any employee or other representative of a public international
organization of which governments are members, such as the World Bank and United
Nations; any member of a royal family; or any other person acting for or on behalf of any
of the foregoing, in order to obtain or retain business or secure an improper advantage;
or
(ii) any person, intending to induce such person to perform improperly a relevant function
or activity, or to reward a person for the improper performance of such function or
activity.
Agent shall certify its compliance with this Clause 14.9 on an annual basis, or at such intervals as
required by Takaful Operator.
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IN WITNESS WHEREOF this Agreement has been entered the day and year first above written
Witness
_______________________________
Name
NRIC
Designation
The Agent )
)
In the presence of: ) _______________________________
Name
Designation
Witness
_______________________________
Name
NRIC
Designation
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