Legislation for insurance agents — 2026: what has changed and what is critical

For insurance agents, 2026 matters for two reasons. The regulator has already tightened sales requirements through secondary legislation. And the draft law "On the Insurance Market", published on 15 September, rewrites the rules on intermediation almost entirely. Below we look at what applies now, what is proposed and where the risks for agents lie.

What applies now

Agents' activities are governed by Articles 18, 18-1 and 18-2 of the Law "On Insurance Activity". Article 18 applies as amended by Law No. 205-VIII of 30 June 2025. The main requirements are as follows:

• Agency agreement and personal performance. An agent's powers are defined by an agency agreement with the insurer. They cannot be delegated, and working without authority is prohibited.
• Liability insurance. An agent that is not a financial organisation may not work without a professional liability insurance contract. This contract is concluded with an insurer with which the agent has no agency agreement.
• Eligibility. An agent must be of legal age, have secondary education, complete training and pass exams under the minimum programme, have no outstanding criminal record and not be on AML/CFT sanctions lists. Retraining is mandatory at least once every three years.
• Register. The insurer keeps a register of its agents and discloses it to consumers. The database organisation maintains a single register. Removal for violations means a ban on working: two years for an individual and one year for a legal entity.
• Exclusivity. An agent represents one life insurance company and/or one general insurance company.
• Money. The premium is passed to the insurer in full. Commission may not be deducted from it, and accepting cash from legal entities is prohibited. Commission is paid only after the entire premium has been received.
• Prohibitions. Agents do not take part in compulsory insurance, pension annuities, public procurement or contracts with state and quasi-state policyholders. Commission on bancassurance (where the beneficiary is a bank or microfinance organisation and the policy is taken out when obtaining a loan) is capped at 10% of the premium.

What changed in 2026

Under ARDFM Resolution No. 3 of 27 January 2026, insurers must approve a client rights compliance policy setting out conduct requirements for employees and insurance agents. The policy must expressly prohibit misleading clients, concealing material information and imposing products. An independent unit of the insurer conducts mystery shopping, checks that sales are conducted properly and identifies sales of unsuitable products. In addition, in tariffs for voluntary insurance of individuals (other than savings life insurance and sickness insurance), the loading may no longer exceed the net rate. The loading usually covers business expenses, including intermediaries' remuneration, so this limit directly affects the size of commissions.

What the draft law proposes

• No exclusivity. An agent will be able to act on behalf of one or several insurance organisations (Article 157).
• New boundaries. The new list of prohibitions does not include compulsory insurance. The ARDFM states explicitly that agents will serve the public with both voluntary and compulsory products. In return, a general ban is introduced on agents acting as intermediaries under contracts where the policyholder is a legal entity.
• Transparency. The insurance contract must state the agent's commission in tenge and as a percentage of the premium. The 10% cap for banking products remains.
• Stricter eligibility. For former executives of financial organisations whose licences were revoked, the look-back period will be five years. The insurer must check agents annually for compliance with a number of requirements, including sanctions lists.
• Training and register. A self-regulatory organisation (SRO) will also be able to train agents. Maintenance of the single register of agents will pass to the SRO once it is entered in the register of self-regulatory organisations.
• Insurance consultant. Helping clients obtain payouts is singled out as a separate regulated activity. A consultant cannot hold insurance agent status at the same time.

What is critical

• Ban on working with legal entities. For agents serving small and medium-sized businesses, this may mean losing part of their portfolio. The draft does not make clear what happens to existing contracts and renewals.
• Agent liability insurance. In the published wording of Articles 157–158 of the draft, we did not find the provision on compulsory professional liability insurance for agents that exists in the current law. Whether it was dropped deliberately should be clarified during the discussion.
• Much is left to secondary legislation. Requirements for the agency agreement, the training programme and register maintenance will be set by the ARDFM. The actual working conditions will only become clear once these acts are issued.
• Pressure on commissions. The loading limit, mandatory disclosure of commission in the contract and mystery shopping together make remuneration transparent and narrow it.
• Personal data. The draft expressly requires agents to ensure the confidentiality of information. With the shift to electronic contracts, liability for leaks of client data becomes a practical risk.

What to do now

1. Check that you are on the register of every insurer and that your exam and retraining documents are up to date.
2. Renew your professional liability insurance: under the current law you cannot work without it.
3. Record that the client has read the insurance rules and contract terms. This is your main protection in a mystery shopping check or a complaint.
4. If your portfolio includes many legal entities, assess their share and start planning now for a move to a broker model or a partnership with a broker.
5. By 7 October 2026, submit comments on the draft to the "Open Regulatory Legal Acts" portal yourself or through a professional association.