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Administrative Measures For The Representative Offices Of Foreign Insurance Institutions

Original Language Title: 外国保险机构驻华代表机构管理办法

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(2004, 1th of January 15, 2004, the China insurance regulatory Commission announced as of March 1, 2004) Chapter I General provisions article in order to strengthen the representative offices of foreign insurance institutions (hereinafter "representative offices") management, meet the needs of opening up of China's insurance market, according to the People's Republic of China insurance, these measures are formulated.
    The second foreign insurance institutions in these measures, means registered in China, foreign insurance companies, reinsurance companies, insurance intermediaries, insurance associations, and other insurance organizations.
    Representative offices in these measures refers to foreign insurance companies allowed to set up in China and are engaged in contacts, market research and other non-business activities of representative offices and representative offices.
    Chief Representative in these measures refers to head of the representative office's main; general representative in these measures refers to General Representative Office in charge.
    Third representative office must abide by Chinese laws and regulations, and the China insurance regulatory Commission (hereinafter "CIRC") of the relevant provisions.
    Representative body of the legitimate rights and interests protected by the Chinese laws.
    Fourth Circ in accordance with the law and authorized by the State Council, on behalf of the institutions to fulfil supervisory duties.
    Agency of the China insurance regulatory Commission, within the scope of authority of the CIRC, on behalf of the representative office of the China insurance regulatory Commission to the area to implement daily supervision.
    Chapter II application and set up the fifth application for establishment of representative offices of foreign insurance institutions (hereinafter the "applicant") shall meet the following conditions: (a) operating in good condition, (ii) within 3 years before the date of filing has no record of serious violation of and (iii) other prudent requirements as stipulated by the Circ.
    Sixth representative office to be established a formal application form provided by the China insurance regulatory Commission.
    Seventh article application who should submitted following material: (a) official application table; (ii) by Chairman or General Manager signed of to China Circ President of applications; (three) where national or area about competent authorities issued of license or legal opened proved or registered registration proved of copies; (four) institutions articles, Board members list, and management layer personnel list or main partner list; (five) application of recently 3 years of annual report;
    (Six) where national or area about competent authorities issued of on application who in China territory established representative at of submissions, or by where industry Association issued of recommended letter, submissions or recommended letter should statement application who in issued submissions or recommended letter of recently 3 years by punishment of records; (seven) by Chairman or General Manager signed of Chief authorized book; (eight) intends any Chief of resume and related proved material; (nine) China Circ provides submitted of other information.
    "License", "legal business certificate" and "registration" must obtain a copy of their country or region established according to law the notary notarized or certified by the Chinese in the country and consular mission. Eighth applicants shall submit application materials to the Circ. On intends set representative at of application, China Circ should according to following situation respectively processing: (a) application material exists can spot corrections of errors of, should allows application people spot corrections; (ii) application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (three) application material complete, and meet statutory form,
    Or correction all application materials submitted as requested by the applicant, shall accept the application.
    Accept or not to accept an application by the CIRC, shall be issued with special seal and date in written form. Nineth Circ shall from the date of acceptance of the application in the 20th, the decision to approve or not to approve.
    Cannot make a decision in the 20th, and approved by the Chairman of the China insurance regulatory Commission, you can extend the 10th, and shall inform the applicant of the reasons for such further period.
    Approved by decision and issue an approval document; decides not to approve, and shall state the reasons in writing.
    After the tenth representative office receiving the instruments of ratification shall be in accordance with the relevant provisions of the registration.
    Representative Office within 3 months from the date on which the instruments of ratification shall receive into a fixed office space; for more than 3 months have not yet moved to fixed work place, the original approval automatically lapse.
    11th in China has set up more than 2 representative offices of foreign insurance institutions, could apply to the China insurance regulatory Commission, appointed a representative office for the representative office.
    12th application specifies the General Representative Office for foreign insurance institutions shall be submitted to the Chairman of the China insurance regulatory Commission signed by the Chairman or General Manager applications.
    General Representative Office established procedures and procedures for establishment of the representative office of the same.
    Chapter III supervision article 13th Representative Office's name should be composed of the following elements: "name of foreign insurance institutions", "city name" and "the Office"; name of the representative office shall be composed of the following elements: "name of foreign insurance institutions" and "China Representative Office."
    Article 14th except the principal responsible person, other major staff members shall be entitled "representative" or "Deputy Representative".
    15th representative office shall abide by Chinese laws and regulations, good character, no bad record.
    16th General representative should have 8 years or above work experience, college degree or above; Chief Representative shall have at least 5 years work experience, college degree or above.
    Chief Representative and General does not have a university degree or above, should have more than 10 years experience in insurance.
    17th each expatriate staff of the representative office for a maximum of not more than 3 people.
    18th representative offices and their staff may not be signed with any legal entity or natural person to representative bodies or the foreign insurance institutions on behalf of revenue-generating agreements or contracts shall not engage in any business activities.
    19th representative office shall have an independent, fixed office space and full-time staff.
    20th General representative or chief representative shall not serve in 2 or more representative offices also may not serve any business institution in China.
    21st General representative or chief representative shall be the routine work of the representative office, leaving the representative body for 1 month or more, shall appoint a person to act in his time, and a written report to the local agency of the China insurance regulatory Commission.
    The 22nd representative office shall, before the end of February each year to the local agency of the China insurance regulatory Commission to submit two copies of the report on the work of the previous year, redirected from the local Office of the China insurance regulatory Commission Circ.
    The format of the report shall be stipulated by the Circ.
    23rd representative offices of foreign insurance institutions on behalf of each year within 6 months after the end of the fiscal year, should give the Chinese insurance regulatory Commission and the local agency of the China insurance regulatory Commission submitted its foreign insurance institutions represented by the previous year's annual report.
    24th article representative institutions representative of foreign insurance institutions has following case one of of, representative institutions should since event occurred of day up 10th within, to China Circ submitted written report, while copy local China Circ sent institutions: (a) company articles, and registered capital or registered address change; (ii) Division, and merged or main head changes; (three) business serious losses; (four) for illegal, and violations behavior by punishment;
    (E) foreign insurance institutions where the national or regional competent authorities impose significant regulatory measures (f) other matters that have a significant impact on business.
    25th article representative institutions replaced total representative or Chief of, should to China Circ application, and submitted following material: (a) by its representative of foreign insurance institutions Chairman or General Manager signed of to China Circ President of applications; (ii) by its representative of foreign insurance institutions Chairman or General Manager signed of intends any total representative or Chief of authorized book; (three) intends any total representative or Chief of ID ming, and degree proved and resume.
    26th set aside in the representative office, representatives from the institutions should apply to the China insurance regulatory Commission and submitted by foreign insurance institutions on behalf of directors or General Manager application signed by Chairman of the China insurance regulatory Commission.
    27th representative office changing the name, should be applied to the China insurance regulatory Commission and submitted by foreign insurance institutions on behalf of directors or General Manager application signed by Chairman of the China insurance regulatory Commission, and changed its name to prove.
    28th representative bodies appears to the article 25th, 26th, 27th article apply to CIRC, CIRC shall from the date of receipt of complete application materials in the 20th, the decision to approve or not to approve.
    Approved by decision and issue an approval document; decides not to approve, and shall state the reasons in writing.
    29th a representative office within the same administrative area it resides only change its office location.
    Representative body shall change its office location within 5th of local agency of the China insurance regulatory Commission report and submit new Office address, telephone and fax numbers.
    30th representative body to replace or change representatives, Deputy representatives and foreign staff, shall be replaced or changes in personnel within 5th of local agency of the China insurance regulatory Commission report and submitted to the persons appointed by identification and evidence of qualifications and resume.
    31st Representative Office approved the change as a general representative office, on behalf of automatic cancellation, General Representative Office shall within 1 month from the China insurance regulatory Commission approved the change of processing Office business and cancellation procedures.
    After the 32nd representative offices of foreign insurance institutions to withdraw, General Representative Office is the only representative offices, General Representative Office shall change the General Representative Office for the representative office. General Representative Office shall apply in change to CIRC, and submitted by foreign insurance institutions represented by its Chairman or General Manager of the application signed. The CIRC shall from the date of receipt of the application, in the 20th, the decision to approve or not to approve.
    Approved by decision and issue an approval document; decides not to approve, and shall state the reasons in writing.
    Changing a general representative office is approved for the representative office, General Representative Office is automatically revoked, representative office shall within 1 month from the China insurance regulatory Commission approved the change of management general representative office business and cancellation procedures.
    Article 33rd representative office after the abolition of foreign insurance institutions with representative offices of their representatives, the General Representative Office is responsible for the outstanding issues without establishment of a representative office, by the representative of the other representative offices of foreign insurance institutions in charge of unsettled matters; it represents all the representative offices of foreign insurance institutions were revoked, represented by its foreign insurance institutions for the outstanding matters.
    34th representative offices of CIRC and its local agencies in accordance with the daily and annual checks.
    Daily and annual inspection includes: (a) the representative body modification procedures are complete, (ii) the declarations the contents of line with the actual situation, (iii) change of appointment or of the staff of the representative office procedures are complete; (d) the representative institutions are engaged in business activities (e) Agency of the China insurance regulatory Commission and other matters required.
    Fourth chapter legal liability article 35th in violation of these regulations, without approval to establish representative offices, the China insurance regulatory Commission shall be banned.
    36th article violates this regulation is engaged in financial business activities, CIRC shall be punished in accordance with the relevant laws and regulations; those engaged in activities other than insurance business, given a warning by the CIRC, if the circumstances are serious, a 30,000 yuan fine.
    37th not complying with the provisions of this article 22nd, 23rd, 24th, reports or materials required by the local agency of the China insurance regulatory Commission in a warning and order them to correct.
    Article 38th directly responsible for acts in violation of these measures on behalf of Agency staff, by CIRC in accordance with the seriousness of a warning, or to a fine of up to 5000 Yuan.
    39th Representative Office provided false information or concealing important facts and give a warning.
    40th article violates other provisions of these measures shall be ordered to correct; it fails to mend and given a warning.
    The fifth chapter supplementary articles article 41st Hong Kong, Macau and Taiwan area insurance institutions established representative offices in the Mainland, these measures shall apply mutatis mutandis.
    The 42nd by the China insurance regulatory Commission approved the establishment of resident offices of foreign insurance institutions, these measures shall apply mutatis mutandis.
    43rd article of the referred to "upper" and "lower", "within", including the number itself.
    44th provisions relating to ratification, reporting periods herein refers to working days, excluding holidays.
    Article 45th explain these measures by the China insurance regulatory Commission. 46th these measures shall come into force on March 1, 2004.
                                                                      China insurance regulatory Commission on November 26, 1999, issued by the management of representative offices of foreign insurance institutions abolished at the same time.