TOBA check
Hard gate: no TOBA, no tradeA Terms of Business Agreement is the contract between the broker firm and the managing agent that governs how they deal with each other, before any individual risk is discussed. It sets roles and responsibilities, who holds premium and claims money and in what capacity, commission deduction, regulatory duties, data protection and financial crime obligations, and termination rights.
- Why it exists
- Without it the managing agent has no agreed basis for the broker holding its money or acting on its behalf. The market uses model forms produced by the LMA and IUA with LIIBA: a Risk Transfer TOBA (broker holds premium as agent of the insurer, so the risk of broker insolvency sits with the insurer) and a Non Risk Transfer TOBA (money held for the client). Both were updated in 2018 for GDPR and the Criminal Finances Act 2017.
- Question it answers
- Is the placing broker an entity we have a current, signed agreement with, on the right form, for this type of business?
- Owner
- Broker relations or delegated authority team maintains the register; underwriting operations applies it at submission.
- Inputs
- Broker organisation name, broker email domain, UMR (characters 2 to 5 carry the Lloyd's broker number), producing or sub-broker if a chain exists.
- How it is done
- Resolve the broker to one legal entity: names vary (Aon, Aon UK Limited, Aon Risk Solutions).
- Check agreement status and dates, not just a yes/no flag: an "active" record past its expiry is a common error.
- Check type fits the placement: RT versus NRT affects premium payment and credit control.
- For chains, check the sub-broker is covered or that the Lloyd's broker has its own arrangements in place.
- Outcomes
- In force: proceed. Known broker, TOBA lapsed or suspended: hold, no quote or bind until renewed. Unknown broker: onboarding (KYC, FCA and Lloyd's broker status, TOBA execution).
- Where it goes wrong
- Group restructures (acquired brokers trading under old names), overseas producing brokers with no direct agreement, and TOBAs held in document folders rather than a queryable register.