Administrative Measures For Insurance Clauses And Insurance Rates Of Property Insurance Companies

Original Language Title: 财产保险公司保险条款和保险费率管理办法

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(November 10, 2005, China insurance regulatory Commission announced 2005 4th come into force on January 1, 2006) Chapter I General provisions article in order to improve and strengthen the administration of insurance clauses and insurance rates of property insurance companies to encourage innovation of property insurance companies, according to the People's Republic of China insurance, these measures are formulated.
    Article insurance companies mentioned in these measures refers to the insurance regulatory authority approved the establishment, and property insurance companies registered under the law.
    Branches of insurance companies mentioned in these measures refers to property insurance companies the direct management of the branch.
    Insurance institutions in these measures, including insurance companies and branches of insurance companies referred to in the preceding two paragraphs.
    Article III of the China insurance regulatory Commission (hereinafter referred to as the China insurance regulatory Commission) law of insurance institutions supervise and administer the insurance clauses and premium rates.
    Agency of the China insurance regulatory Commission (hereinafter Agency), in the exercise of authority within the scope of authority of the Circ.
    Article fourth insurance agency insurance clauses and premium rates shall be in accordance with these measures, China insurance regulatory Commission or agency approval or for the record.
    Article fifth supervision and administration of insurance clauses and insurance rates of implementation, consistent with maintaining public interest and prevent unfair competition principles.
    Sixth article insurance institutions developed insurance terms and premium rate, should has following conditions: (a) structure clear, and text accurate, and expressed rigorous, and popular understand; (ii) elements full, losing fair, not against was insurer of lawful rights and interests of, not damage social public interests; (three) meet legal, and administrative regulations and China Circ of about provides; (four) premium rate determined reasonable, not endanger insurance company of paid capacity or hamper market fair competition; (five) China Circ provides of other conditions.
    Article seventh insurance companies develop insurance clauses and insurance rates, should strengthen management and risk prevention.
    Insurance companies shall actively promote the popularization and standardization of insurance clauses and insurance rates.
    Chapter approval eighth of an insurance company should be one of the following types of insurance clauses and insurance rates of Circ approval: (a) the coverage of compulsory insurance by law, (ii) identified by the China insurance regulatory Commission to other social insurance of public interest.
    Approval of the China insurance regulatory Commission to set insurance coverage range, and can be adjusted according to the actual situation.
    Nineth article insurance company submitted approval insurance terms and premium rate, should submitted following material: (a) application file; (ii) approval table a type two copies; (three) insurance terms and premium rate text; (four) insurance terms and insurance rates of description material, including insurance terms and insurance rates of main features, and market risk and business risk analysis; (five) fine is responsibility people signed of premium rate fine is report, including fine is assumed, and method, and formula and measuring process; (six) fine is responsibility people statement book;
    (G) the legal responsibility statement; (h) electronic versions of all submitted material and (IX) other materials stipulated by the Circ.
    Article tenth revision of an approved insurance clauses and insurance rates shall be in accordance with these measures submitted for approval.
    Submit the revised insurance clauses and insurance rates of insurance companies, with the exception of Nineth material under these measures shall be submitted and shall also submit the revision and modification of content before and after comparison.
    11th insurance companies can be adjusted, within the limits prescribed by the China insurance regulatory Commission and its head office reported to the examination and approval of insurance rates, but shall be subject to the approval of the Corporation, and report the Agency's approval.
    Branches of insurance companies to adjust their head office reported to the examination and approval of insurance rates beyond the scope stipulated by the CIRC, shall be submitted by the Head Office of China insurance regulatory Commission approval.
    12th branch to local agencies submitted to the approval of insurance companies insurance rates provided for in the first paragraph of the preceding article, with the exception of Nineth material under these measures shall be submitted and shall also submit their official documents approved by the Corporation.
    13th insurance institutions subject to the approval of the insurance clauses and premium rates should be approval by the China insurance regulatory Commission or agency before the operation.
    Chapter record 14th insurance in drawing up except as provided in article eighth of this approach for other types of insurance clauses and insurance rates, should be in operation within 10 working days after the China insurance regulatory Commission or agency of record.
    15th article insurance company should to China Circ reported prepared insurance terms and premium rate, and submitted following material: (a) record table a type two copies; (ii) insurance terms and premium rate text; (three) legal responsibility people statement book; (four) fine is responsibility people statement book; (five) all submitted material of electronic text; (six) China Circ provides of other material.
    Branch of a foreign insurance should be to the local agency reported insurance clauses and insurance rates.
    16th insurance companies can develop these measures article eighth of insurance other than insurance, insurance rates or modify its head office has been reported by the filing of insurance terms, insurance rates, but shall be subject to the consent of the Corporation and to the local agency of record.
    Article 17th Branch Office to local agencies to submit for the record the insurance clauses and premium rates, with the exception of materials prescribed by the 15th, should also submit their official documents approved by the Corporation.
    18th article China Circ or sent institutions should since received reported prepared material of day up 20 a days within, according to following situation respectively made processing: (a) reported prepared material not full of, notification insurance institutions in 10 a days within correction material; (ii) reported prepared material full complete or insurance institutions correction material of, China Circ or sent institutions should on record table for number, and stamped seal, a copies archive, a copies returned insurance institutions.
    The fourth chapter of combined insurance clauses and insurance rates of management article 19th insurance agency can have approval or for the record the insurance clauses and premium rates for combined operations, there's no need to submit for approval or for the record.
    Business combined insurance clauses and insurance rates of insurance institutions, have approval or for the record the insurance clauses and premium rates revised, shall be in accordance with the provisions of the measures submitted for approval or for the record.
    Combined insurance clauses and insurance rates of insurance institutions submitted for approval or for the record, in addition to the materials as provided herein shall be submitted, shall also submit the combined name of insurance clauses and insurance rates and policy design.
    20th business combined insurance clauses and insurance rates of insurance institutions, each Party shall set out in the insurance clause corresponds to the insurance, the insurance amount or limit of liability.
    The fifth chapter legal liability and 21st actuarial liability insurance company shall designate a legal responsibility and one actuary responsible, respectively, for insurance clauses and insurance rates of the legal and actuarial services.
    Insurance companies shall apply to legal liability and actuarial liability provided their necessary information, with full respect for the legal person liable and responsible for the actuarial professional advice. 22nd person designated liabilities and actuarial liabilities of insurance companies, should be approved by the China insurance regulatory Commission.
    Responsible for the legal, actuarial liability without the approval of China insurance regulatory Commission and its agencies do not recognize its legal responsibility to issue a statement, actuarial statement of responsibility, as well as other relevant report signed by him.
    Insurance companies and their legal responsibility, actuary responsible for termination of the hire or Commission, the legal person liable or responsible for the actuarial qualification automatically invalidated.
    23rd article insurance company legal responsibility people should has following conditions: (a) in People's Republic of China territory has residence; (ii) legal professional undergraduate above degree, or has lawyer qualification certificate or legal career qualification certificate; (three) 3 years above domestic insurance or legal practitioners experience; (four) past 2 years within not for practice industry behavior illegal by administrative punishment; (five) not trained criminal punishment; (six) China Circ provides of other conditions.
    24th insurance company applies for approval of legal person shall submit the following materials to the China insurance regulatory Commission: (a) the eligibility application form, (ii) copies of proof of identity and residence certificates to be appointed; (iii) the certified copy of diploma and professional qualifications of the service and (iv) other materials stipulated by the Circ.
    25th actuarial liability of the insurance company shall meet the conditions, the insurance company applies for approval of actuarial liability when the materials should be submitted to the China insurance regulatory Commission, shall be determined separately by the China insurance regulatory Commission.
    26th article legal responsibility people is responsible for issued legal responsibility people statement book, and on insurance terms bear following responsibility: (a) meet People's Republic of China insurance, legal, and administrative regulations and China Circ about provides; (ii) not damage social public interests, and not against policyholders, and was insurer and beneficiaries of lawful rights and interests of; (three) contract elements complete, and text accurate, and language popular, and expressed rigorous; (four) China Circ provides of other responsibility.
    27th article fine is responsibility people is responsible for signed fine is report and issued fine is responsibility people statement book, and bear following responsibility: (a) fine is report content complete; (ii) fine is assumed and fine is method meet General fine is principle and China Circ about provides; (three) on has interests demonstrates of products, interests measuring method meet General fine is principle and China Circ about provides; (four) premium rate determined reasonable, results meet sufficient sex, and appropriate sex and fair sex principles;
    (E) other actuarial liability stipulated by the Circ. Sixth article 28th of supervision and management approval or for the record the insurance clauses and premium rates need to be modified, and insurance agencies shall be in accordance with the provisions of these measures submitted for approval or for the record.

    Insurance companies, using their head office have Circ approval or for the record the insurance clauses and premium rates, there's no need to submit for approval or for the record.
    29th insurance agreements underwritten by insurance agencies shall, in accordance with the relevant provisions of the measures submitted for approval or for the record.
    30th insurance company liability persons engaged or clientage, actuarial liability discharge shall lift hiring or Commission report in writing within 10 working days from the date of the China insurance regulatory Commission.
    31st insurance agency has filed insurance or insurance rate are found to have violated the provisions of article sixth, CIRC or its agent shall be ordered to correct or stop operating.
    32nd seventh chapter legal liability insurance body that shall be submitted for approval pursuant to the provisions of the insurance the insurance clauses and premium rates for approval, by the Agency of the China insurance regulatory Commission or shall be ordered to correct, and a fine of 50,000 yuan and 300,000 yuan fine; the circumstances are serious, you can limit the scope of business, shall be ordered to stop accepting new business business or revoke their business licenses.
    Article 33rd insurance agency, one of the following acts, by the China insurance regulatory Commission or agency ordered corrective action and fails to correct it, fined 10,000 yuan and 100,000 yuan fine: (a) is not in accordance with the provisions that shall be submitted for record types of insurance clauses and premium rates for the record and (b) failing to submit relevant reports, statements, documents and information.
    34th article insurance institutions submitted approval or record insurance terms and premium rate, or submitted approved legal responsibility people, and fine is responsibility people, deliberately hide about situation, and provides false information or refused to provides real information of, by China Circ or sent institutions ordered corrected, sentenced 100,000 yuan above 500,000 yuan following of fine; plot serious of, can limit business range, and ordered stop accept new business or revoked business insurance business license; constitute crime of, law held criminal.
    35th article on following behavior one of has directly responsibility of insurance institutions senior management personnel, and legal responsibility people, and fine is responsibility people and other directly responsibility personnel, by China Circ or sent institutions depending on plot be warning, ordered be replaced, sentenced 20,000 yuan above 100,000 yuan following of fine; constitute crime of, law held criminal: (a) not according to provides will should submitted approval of insurance species of insurance terms and premium rate submitted approval of;
    (Ii) not according to provides will should submitted record of insurance species of insurance terms and premium rate submitted record of; (three) not according to provides submitted about report, and report, and file and information of; (four) submitted approval or record insurance terms and premium rate, or submitted approved legal responsibility people, and fine is responsibility people, deliberately hide about situation, and provides false information or refused to provides real information of. 36th article insurance institutions has record of insurance terms or premium rate was found exists violation this approach sixth article provides, China Circ or sent institutions ordered corrected or stop business using, insurance institutions late not corrected or not stop business using of, sentenced 100,000 yuan above 500,000 yuan following of fine; plot serious of, can limit business range, and ordered stop accept new business or revoked business insurance business license
    ; Insurance institutions directly responsible for senior managers and other persons, or an agency subject to the warning by the CIRC, fined 20,000 yuan and 100,000 yuan fine.
    37th article legal responsibility people violation 26th article provides of, and fine is responsibility people violation 27th article provides of, by China Circ ordered corrected and can requirements its submitted written check; two years two times violation above provides of, by China Circ depending on plot be warning, sentenced 5,000 yuan following fine; two years three times violation above provides of, by China Circ ordered replaced, and since found its violations of day up 2 years within no longer approved its legal responsibility people or fine is responsibility people qualification.
    Eighth chapter supplementary articles article 38th CIRC and its local agencies in accordance with the People's Republic of China on administrative licensing law and the China insurance regulatory Commission on the implementation of administrative licensing regulations of procedure and duration of insurance clauses and insurance rates of insurance agencies, legal person liable and responsible for the actuarial administrative Licensing application to receive, review and decision.
    39th before the implementation of these measures has approval or for the record the insurance clauses and premium rates may continue to be used.
    Insurance institution to change the insurance clauses and premium rates in the preceding paragraph, shall be in accordance with these measures submitted for approval or for the record again.
    40th before the implementation of these measures has been approved by the China insurance regulatory Commission to review the legal person qualification and the qualification of the actuarial liability remains in force.
    41st branch of a foreign insurance clauses and insurance rates apply the measures for the administration of the provisions of the Insurance Corporation.
    Policy-oriented export credit insurance clauses and insurance rates of management, otherwise the application of relevant provisions of the State.
    42nd article property insurance company in China, Hong Kong, Macao insurance company branches, foreign property insurance companies to manage.
    Article 43rd explain these measures by the China insurance regulatory Commission.
    44th in these measures come into force on January 1, 2006.
    Circ has issued relevant provisions is inconsistent with this approach, is subject to this approach; not specified this way, application of its provisions.
                                                                      Property insurance terms rates management provisional approach (insurance prison sent [2000]149,), and on property insurance terms rates record management of notification (insurance prison sent [2001]120,), and on property insurance terms extended opened regional problem of notification (insurance prison sent [2002]93,), and on implementation property insurance company terms rates after record system about problem of notification (insurance prison sent [2004]34,) while abolition.

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