Duties of cooperation

(1) Insurance undertakings are obliged, on request, to provide the protection fund to which they belong with all information, and to submit all documents, that the protection fund needs to carry out its mandate under this Act.
(2) A person obliged to provide information may refuse to answer questions where answering them would expose that person, or a relative named in section 383(1), points 1 to 3, of the Code of Civil Procedure, to the risk of criminal prosecution or of proceedings under the Regulatory Offences Act. The person obliged must be informed of the right to refuse the information.
(3) The employees of the protection funds, and the persons they engage, may enter the business premises of an insurance undertaking within the usual operating and business hours, as soon as the supervisory authority has made the determination under section 222(1). They must be shown all documents they need to prepare a portfolio transfer. Where functions of the insurance undertaking have been outsourced to another undertaking, the first and second sentences apply correspondingly to that undertaking.
(4) Where the undertaking whose portfolio is being transferred has concluded contracts for an outsourcing that serves the administration of the portfolio, the protection fund may enter into the contract in place of the undertaking. Section 415 of the Civil Code does not apply. Ordinary termination of the contract by the service provider is possible at the earliest as of the last day of the twelfth month after the protection fund's entry. Where the other party calls on the protection fund to exercise its right of election, the protection fund must declare without delay whether it wishes to enter into the contract. Where it fails to do so, it may not insist on performance.
(5) Where the undertaking whose portfolio is being transferred has concluded outward reinsurance contracts, the protection fund may enter into the contracts in place of the undertaking. The protection fund must declare its entry to the reinsurer concerned without delay after the transfer of the insurance portfolio. The entry takes effect retroactively as of the time of the transfer of the insurance portfolio. Section 415 of the Civil Code does not apply.