Insurance Company Board Directors, Supervisors And Senior Management Staff Of Vocational Qualification Management Regulations

Original Language Title: 保险公司董事、监事和高级管理人员任职资格管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253043.shtml

Insurance company board directors, supervisors and senior management staff of vocational qualification management regulations

    (January 8, 2010, China insurance regulatory Commission promulgated as of April 1, 2010, 2010 2nd) Chapter I General provisions

    First in order to strengthen and perfect the insurance company directors, supervisors and senior management staff of management to ensure healthy management, promote the healthy development of the insurance industry, according to the People's Republic of China insurance (hereinafter referred to as the Insurance Act) and the relevant laws, administrative regulations, this provision is enacted.

    Second, China insurance regulatory Commission (hereinafter referred to as the China insurance regulatory Commission) and authorized by the State Council according to the law, the insurance company directors, supervisors and unified supervision and management of qualifications for senior managers.

    Circ branches according to the authority responsible for some Chinese insurance company branch office supervision and management of qualifications for senior managers, but Chinese insurers new provincial branch head except for the qualification approval.

    The provisions of article III of the said insurance companies, means approved by the insurance supervision and Administration Department was established and legally registered commercial insurance companies.

    Insurance company branches in these rules refers to approved by the insurance supervision and Administration Department, insurance company legally established branch, branch, support, sales and marketing services, as well as all kinds of exclusive agency.

    Exclusive agency senior management staff of vocational qualification management and marketing, head of service management, shall be determined separately by the China insurance regulatory Commission.

    Insurance institutions in these rules refers to the insurance company and its affiliates.

    Article fourth senior managers in these rules, refers to the insurance agency management decision-making and risk control or significant influence over the following:

    (A) General Manager, Deputy General Manager and Assistant General Manager;

    (B) Company Secretary and compliance Director, Chief Actuary, in charge of finance and audit responsibility;

    (C) branch, Center General Manager, Deputy General Manager and Assistant General Manager;

    (D) companies, Sales Manager;

    (E) with the senior managers of managers with the same terms of reference.

    Article fifth directors, supervisors and senior managers of insurance institutions shall be obtained before the term qualification approved by the China insurance regulatory Commission.

    Chapter II qualifications

    Article sixth insurance agency directors, supervisors and senior management officers shall abide by the laws, administrative regulations and the relevant provisions of the China insurance regulatory Commission, to comply with the articles of Association.

    Article seventh insurance agency directors, supervisors and senior management officers shall have good faith conduct, good sense of compliance management and perform duties required management skills.

    Eighth insurance agency directors, supervisors and senior management officers shall be approved by the CIRC's insurance regulations and relevant knowledge to the test.

    Nineth, Chairman of an insurance company should have finance over 5 years or the economy for more than 10 years work experience.

    Insurance company directors and supervisors should have at least 5 years work experience corresponding to its duties.

    Article tenth Secretary of Board of Directors of insurance companies should have a university degree and at least 5 years work experience corresponding to its duties.

    11th General Manager, Deputy General Manager and Assistant General Manager of an insurance company shall have the following conditions:

    (A) the University Bachelor degree or Bachelor's degree;

    (B) engaged in economic work in finance for more than 8 years or more than 10 years.

    Insurance company General Manager in addition to conditions specified in the preceding paragraph, but one should also have the following experience:

    (A) as a General Manager or above senior managers of insurance companies for more than 5 years;

    (B) serve as department heads for more than 5 years of insurance companies;

    (C) as financial regulators are quite management position for more than 5 years;

    (D) other evidence it has to post the necessary knowledge, skills, experience, professional qualifications.

    Article 12th provincial branch General Manager, Deputy General Manager and Assistant General Manager shall have the following conditions:

    (A) the University Bachelor degree or Bachelor's degree;

    (B) engaged in economic work in finance for more than 5 years, or more than 8 years.

    Insurance companies outside the provincial branch manager in addition to conditions specified in the preceding paragraph, shall also have the following experience:

    (A) as an insurance company branch General Manager or above 3 years senior management personnel;

    (B) as provincial-level branch heads of Department or above 3 years of insurance companies;

    (C) other senior managers of financial institutions for more than 3 years;

    (D) acting as State organs, enterprises management positions for more than 5 years;

    (E) other evidence it has to post the necessary knowledge, skills, experience, professional qualifications.

    13th insurance company branches, branch General Manager, Deputy General Manager and Assistant General Manager shall have the following conditions:

    (A) the University Bachelor degree or Bachelor's degree;

    (B) engaged in financial work engaged in economic work for more than 3 years or 5 years.

    Insurance company branches, Branch Manager in addition to conditions specified in the preceding paragraph, but one should also have the following experience:

    (A) as senior managers of insurance institutions for more than 2 years;

    (B) serve on the insurance branch, the center head over 2 years or more;

    (C) other senior managers of financial institutions for more than 2 years;

    (D) acting as State organs, enterprises for more than 3 years in managerial positions;

    (E) other evidence it has to post the necessary knowledge, skills, experience, professional qualifications.

    14th, sales manager of an insurance company should have insurance for more than 3 years or the economy more than 5 years of work experience.

    15th insurance agencies to be appointed Chairman and senior managers have master's degrees, its qualifications to engage in financial or economic life could be reduced by 2 years.

    16th insurance agency senior managers to be appointed in accordance with one of the following conditions, the qualifications of degree requirements can be relaxed to College:

    (A) work for more than 8 years in insurance;

    (B) legal, accounting or audit work 8 years;

    (C) financial institutions, large corporations, or in management positions of State organs for more than 8 years;

    (D) the CPA, legal professional qualifications or some other professional qualification approved by the China insurance regulatory Commission;

    (E) within 3 years before the Declaration of qualifications, personal management by insurance company recognition;

    (F) within 5 years before the Declaration of qualifications, personal access to China's insurance regulatory Commission or city-level government recognition;

    (G) the proposed senior managers in difficult remote areas.

    Article 17th insurance agencies working under the auspices of the Deputy General Manager or other senior manager qualification approval, these provisions shall apply to sibling Agency, General Manager of the relevant provisions.

    18th the qualification approval of foreign insurance companies, senior management personnel, apply the relevant provisions of the provisions of an insurance company's senior managers.

    Article 19th insurance agency labor relations should be established with senior managers, sign a written labor contract.

    20th senior managers of insurance institutions also other management positions shall be governed by the following provisions:

    (A) shall not be a violation of the company law of the people's Republic of China (hereinafter referred to as the Act) and other relevant regulations of the State;

    (B) shall not concurrently hold positions of conflict of interest;

    (C) have the necessary time to perform his duties.

    21st insurance agencies to be appointed directors, supervisors or senior managers, one of the following circumstances, the China insurance regulatory Commission not to approve their qualifications:

    (A) the legal capacity or with limited capacity for civil conduct;

    (Ii) corruption, bribery, embezzlement, misappropriation of property, or disrupting the order of the Socialist market economy, were sentenced to penalties of execution expires not more than 5 years, or deprivation of political rights for crime, execution expires not more than 5 years;

    (C) any other penalty imposed, execution expires not more than 3 years;

    (D) qualifications of the cancellation, revocation by financial regulators, from the date of cancellation or revocation of qualification is not more than 5 years;

    (E) were forbidden to enter the market by financial regulators, expire not more than 5 years;

    (Vi) was dismissed by State organs, not more than 5 years from the date of the decision;

    (VII) for violation of law or discipline is revoked the licensing lawyers, certified public accountants or asset assessment, certification bodies and other bodies of professionals, revoked the licensing from the date less than 5 years;

    (H) the bankruptcy and liquidation of companies, Corporate Director or Director, Manager, personal responsibility for the bankruptcy of the company, Enterprise, since the company, bankruptcy is not more than 3 years from the date of completion of liquidation;

    (IX) as the law is revoked, ordered to close down the company, the legal representative of the enterprise, individual responsibility and, since the company, enterprise is not more than 3 years from the date on which the business license is revoked;

    (10) a large amount of the debt is overdue;

    (11) within 1 year prior to the application by the China insurance regulatory Commission warning or penalty of administrative sanctions;

    (12) on suspicion of committing a serious illegal activity by China insurance regulatory Commission investigation has not yet reached conclusions;

    (13) subject to significant other administrative departments administrative penalties is not more than 2 years;

    (14) in Hong Kong, Macao, Taiwan or China were sentenced to penalties of execution expires not more than 5 years, or by the administrative penalties for serious violations, of execution expires not more than 3 years;

    (15) other circumstances as stipulated by the Circ.

    22nd article in insurance companies taken over by reorganizations, directors, supervisors or senior managers directly responsible for reorganization, takeover, while in the reorganization, takeover, not to other insurance companies as a Director, supervisor or Senior Manager.
Chapter III the qualification approval

    Article 23rd insurance agency directors, supervisors and senior management staff of the qualification approval application and the requirements of the relevant report should be made by insurance companies, provincial branch or in accordance with the regulations on the administration of insurance companies specify branch of the bureaus are responsible for submitting.

    Article 24th directors, supervisors and senior managers of insurance agency shall, prior to the China insurance regulatory Commission submitted the following written materials in triplicate and submitted the relevant electronic documents:

    (A) the directors, supervisors and senior managers to be appointed the qualification approval application;

    (B) Circ unity produced by the directors, supervisors and senior management personnel qualifications application form;

    (C) the proposed directors, supervisors or senior managers of ID card, education certificate, copy of the relevant certificate, passport should also provide photocopy of passport;

    (D) to be appointed as directors, supervisors or senior management personnel, expertise and operational capacity, performance and other aspects of the comprehensive appraisal;

    (E) senior managers to be appointed a labor contract signature page copy;

    (Vi) other materials stipulated by the Circ. Insurance institutions shall submit the materials prescribed in the preceding paragraph.

    Insurance institutions and the proposed directors, supervisors and senior management should be responsible for the authenticity and integrity of the material, without any false record, misleading statements and material omissions.

    25th proposed senior managers of insurance institutions frequently changing representation of insurance companies, she shall submit written statements on the work of two years, and the reasons for replacement of Office.

    Article 26th insurance agencies approved by the CIRC to be appointed directors, supervisors or senior management personnel qualifications of the former, to their working to verify basic conditions of work.

    Circ May 27th article of insurance institutions to be appointed directors, supervisors or senior managers to talk to office visits, including the following:

    (A) understanding of the basic situation of persons to be appointed;

    (B) prompts the need to focus on the issue of the proposed officers;

    (C) the CIRC deems the contents on the other.

    Office investigation shall make a written record of the conversation, signed by the inspection and personnel to be appointed. 28th Circ shall from the date of accepting an application for the qualification approval in the 20th, make a decision of approval or disapproval.

    Cannot make a decision in the 20th, and approved by the head of this body, can extend the 10th, and shall inform the applicant of the reasons for such further period.

    Decides to approve the qualifications, shall issue the approved document; the decision not to approve, it shall make a written decision with reasons.

    Article 29th has approved the qualifications of senior managers of insurance institutions, within the same insurance agency transfer, part-time or lower-level senior management posts at the same level, appointing a new approved their qualifications, but her duties for the China insurance regulatory Commission to be qualified except as specifically provided.

    Insurance agency directors, supervisors transferred, or doubling up as senior managers, should be approved again by the China insurance regulatory Commission qualifications.

    Article 30th insurance agency directors, supervisors or senior managers, one of the following circumstances, their qualifications expire automatically:

    (A) after obtaining the approval of qualifications, insurance institution for more than 2 months have been appointed;

    (B) from the insurance company to leave;

    (C) administrative penalties prohibited by the CIRC to enter the insurance industry;

    (D) appears the 147th in company article or insurance code section 82nd.

    Supervision and administration of the fourth chapter

    31st except as provided in the first paragraph of article 29th in the case, without a qualification approved by the China insurance regulatory Commission, appointed by the insurance institution shall not in any way directors, supervisors or senior management personnel.

    Articles 32nd insurance institutions receive one of the following situations, you can specify the interim head, temporarily in charge of no more than 3 months:

    (A) the Director resigns or is removed from Office;

    (B) the original owner due to disease, accidents and other causes cannot properly perform their job duties;

    (C) other exceptional circumstances approved by the Circ.

    Interim head shall have the responsibilities to ability, and may not have the provisions prohibiting senior management staff.

    Article 33rd insurance agency shall, following the date of making the decision in the 10th, to the CIRC report:

    (A) the directors, supervisors or senior management personnel appointment and removal from Office or approved his decision to resign;

    (B) senior management's dismissal or expulsion decisions;

    (C) according to the administrative penalty of revocation of qualification, lifted its directors, supervisors or senior management position decisions;

    (D) administrative penalties against entering the insurance industry, lift the directors, supervisors or senior management positions, the decision to terminate the employment relationship;

    (E) specify or cancel the interim head of the decision;

    (F) according to the regulations set forth in 40th, 41st, the suspension decision.

    Article 34th insurance agency directors, supervisors and senior management officers shall, in accordance with provisions of the China insurance regulatory Commission for training.

    35th insurance institution shall, in accordance with the provisions of the China insurance regulatory Commission Chairman and senior management to implement auditing.

    Article 36th insurance agency directors, supervisors or senior management personnel for the duration of criminal or heavy administrative sanctions by other institutions, insurers should know or should know that decision or from the date of the decision on administrative penalty within 10th report to the China insurance regulatory Commission.

    37th an insurance agency for any of the following circumstances, CIRC are directly responsible for the directors, supervisors or senior managers produce significant risk reminder monitored conversations, its notes on related matters, and as the case to order the rectification:

    (A) in the business management, investment, corporate governance or there is a significant risk in terms of the internal control system;

    (B) the directors, supervisors or senior management personnel contrary to the provisions of the companies act of loyalty and diligence, serious harm to business of the insurance company;

    (C) other circumstances as stipulated by the Circ.

    Article 38th senior managers of insurance companies frequently change, negative impact on the business, the CIRC may take the following measures:

    (A) to request its parent bodies to make written representations;

    (B) present significant risk reminder;

    (C) on the staff to monitor the conversation;

    (D) take other measures within the law.

    39th CIRC to establish and perfect the insurance agency directors, supervisors and senior management personnel management information system.

    Insurance for directors, supervisors and senior management personnel management information system records the following:

    (A) the qualification to apply for the basic content of the material;

    (B) the position changes;

    (C) the risk associated with that person talking reminder and regulatory records;

    (D) auditing reporting;

    (E) Penal and administrative sanctions;

    (Vi) other content stipulated by the Circ.

    40th insurance agency directors, supervisors or senior managers suspected of major crimes, investigation by Executive or judicial organs investigation, insurance institution shall suspend the relevant personnel office.

    41st insurance agency for any of the following circumstances, the CIRC may order it during the investigation suspended and events under investigation related to the directors, supervisors or senior management positions:

    (A) the serious shortage of solvency;

    (B) suspected of serious damage to the legitimate rights and interests of the insured;

    (C) fails to draw or carry down various reserves;

    (D) is not in accordance with the provisions of reinsurance;

    (V) not in accordance with the provisions of the insurance fund.

    42nd insurance institution abolished in the reorganization, receivership, liquidation, or when there is a significant risk, the CIRC may directly responsible for the Agency's directors, supervisors or senior managers to take the following measures:

    (A) notified the authorities in accordance with law to prevent their exit;

    (B) apply for a judicial organ to prohibit their transfer, assign or otherwise dispose of property, set in the property or other rights.

    The fifth chapter legal liability

    Article 43rd to hide relevant information or provides false information to apply for qualification of the institution or individual, inadmissible or not to approve applications for qualification of the CIRC, within 1 year and no longer to accept the proposed directors, supervisors or senior management personnel qualifications applied for.

    44th by fraud, bribery or other improper means to obtain qualifications, by the China insurance regulatory Commission to revoke the directors, supervisors or the qualifications of senior management, and in 3 years is no longer accepting applications for their qualifications.

    Article 45th insurance agency in violation of the provisions of the Insurance Act, the China insurance regulatory Commission in accordance with the Insurance Act, in addition to penalties for the Agency, directly responsible to the person in charge and other direct liable persons given a warning, and a fine of less than 10,000 yuan and 100,000 yuan in serious cases, revocation of qualification or qualifications.

    46th article insurance institutions or its practitioners violation this provides, by China Circ in accordance with legal, and administrative regulations for punishment; legal, and administrative regulations no provides of, by China Circ ordered corrected, give warning, on has illegal proceeds of sentenced illegal proceeds 1 time times above 3 times times following fine, but highest not over 30,000 yuan, on no illegal proceeds of sentenced 10,000 yuan following fine; suspected crime of, law transfer judicial institutions held criminal.

    The sixth chapter supplementary articles

    47th insurance holding company, insurance holding company directors, supervisors and senior management staff of vocational qualification management to apply this provision, provisions of laws, administrative regulations, and the China insurance regulatory Commission, to apply its provisions.
48th foreign-owned insurance companies, Sino-foreign joint venture insurance company directors, supervisors and senior management staff of vocational qualification management to apply this provision, provisions of laws, administrative regulations, and the China insurance regulatory Commission, to apply its provisions.

    49th CIRC on the insurance company's independent directors, in charge of finance, total actuarial, compliance, as well as responsible for the audit provisions of vocational qualification management, application of its provisions. 50th insurance agencies in accordance with the provisions of article submission qualifications and other documents should be written in Chinese.

    The original is in a foreign language, it should be attached with Chinese translation of notarization in China.

    51st day in these rules refers to working days, excluding holidays.

    52nd interpret these provisions by the China insurance regulatory Commission. 53rd these provisions come into force on April 1, 2010; Circ released on July 12, 2006, the insurance company directors and senior managers of vocational qualification management regulations (insurance [2006]4) repealed simultaneously.