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The China Insurance Regulatory Commission On The Revision Of The Regulation On Establishment Of Overseas Insurance Institutions Of Insurance Companies From Eight Decisions Of The Regulations Of The Department

Original Language Title: 中国保险监督管理委员会关于修改《保险公司设立境外保险类机构管理办法》等八部规章的决定

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  To implement the State Council's administrative examination and approval system reform and the registered capital registration system reform, China insurance regulatory Commission to decide on the administrative measures for the establishment of overseas insurance institutions of insurance companies part VIII of the regulations read as follows: first, to the insurance company for the establishment of overseas insurance agencies regulation amended (a) by deleting article 12th.

(B) by deleting article 13th.

(C) the 14th to 12th, by deleting "or overseas representative office, liaison agencies, offices and other non-commercial organizations".

(D) the 31st to 29th, the deletion of the second paragraph. II, and on insurance company management provides made modified (a) by deleting to 26th article second items; will fifth items to fourth items, modified for: "(four) change business places;" (ii) will 74th article modified for: "insurance company in outside established subsidiary, and branch institutions, should by China Circ approved; its established conditions and management, by China Circ separately provides. "Third, the insurance agency to modify the regulations (a) to modify the second paragraph of article to:" People's Republic of China established insurance company, should conform to the China insurance regulatory Commission (hereinafter referred to as the CIRC) eligibility conditions under, business insurance agent license (hereinafter licence). "(B) the 11th article is revised as follows:" the insurance agency affiliates include branch, Business Department. Insurance professional agent company established branch institutions should has following conditions: "(a) internal control system sound;" (ii) registered capital reached this provides of requirements; "(three) existing institutions running normal, and recently 1 years within no major violations;" (four) intends any main head meet this provides of served qualification conditions; "(five) intends set branch institutions has meet requirements of business places and and business business about of other facilities. "(C) the 12th article is changed to:" the China insurance regulatory Commission after receipt of applications for setting up an insurance agency company, you can risk the applicant suggests that talks on applications for the establishment, question, understand the company's market development strategy, business planning, internal control systems, personnel structure and other related matters.

"(D) the 13th revised to read:" the China insurance regulatory Commission to approve the establishment of insurance agency companies, applicant shall be issued a license. "The applicants upon receipt of the license in order to conduct insurance agent business.

"(E) by deleting article 14th.

(Vi) by deleting article 15th.

(Seven) will 16th article to 14th article, modified for: "insurance professional agent institutions has following case one of of, should since matters occurred of day up 5th within, written report China Circ:" (a) change name or branch institutions name; "(ii) change residence or branch institutions business places;" (three) sponsors, and main shareholders change name or name; "(four) change main shareholders;" (five) change registered capital; "(six) equity structure major change;" (seven) change organization; "(VIII) separation and merger" (I) to amend the company's articles "(j) the establishment, dissolution branches. "(BA) the 17th to 15th and amended as:" the insurance agent changes involving the license contents, shall be returned to the original license and obtain a new license, and in accordance with the relevant provisions of the administrative measures for insurance licenses for announcements.

"(Nine) will 20th article to 18th article, modified for:" insurance professional agent institutions intends any Chairman, and implementation Director and senior management personnel should has following conditions, and reported by China Circ approved: "(a) University Specialist above degree;" (ii) engaged in economic work 2 years above; "(three) has perform duties by needed of business management capacity, familiar insurance legal, and administrative regulations and the China Circ of related provides;" (four) honest and trustworthy, conduct good;

"(E) the other conditions stipulated by the Circ. "Engaged in financial work for 10 years or more, is not subject to the preceding paragraph (a) limit.

"(J) the 21st to 19th, and" the company law provisions of the 147th "amended to read" the company law provisions of the 146th section ".

(11) the 27th to 25th and amended as: "the insurance agent licenses should be placed at the residence or place of business of the company significantly. "Insurance company Agency branch offices shall be copies of licenses (with respective corporate seal) and business license in place of prominent positions.

"(12) the 30th to the 28th article, by deleting everything after the first paragraph in the" stipulated by the CIRC held qualifications. " (13) the 38th to 36th, the first paragraph is amended as: "the insurance agent shall obtain a license within 20th of insurance against professional liability insurance payment or deposit. "(14) the 40th to 38th, delete the third paragraph in the" margin deposits shall be stipulated in the agreement: ' without the written approval of the China insurance regulatory Commission, insurance companies are not allowed to use or dispose of margin. Obligations of the Bank does not review, should be used within the margins of the insurance agency bear joint and several liability for the debts of the company.

' "(15) the 41st to 39th and amended as:" the insurance agency any of the following circumstances, you can use margin: "(a) the registered capital reduction" (ii) license is cancelled "(c) insuring eligible professional liability insurance" (d) other circumstances as stipulated by the Circ. "The insurance agent shall use the margin within 5th of written report to the Circ. "(16) the 42nd to 40th and amended as:" the insurance agent shall forge, alter, rent, lend, transfer of licenses.

"(17) by deleting article 54th. (18) the 55th to 52nd, the first paragraph is amended as: "dissolution of insurance agent, it shall set up a group for liquidation and dissolution occurs within 10th of a written report to the Circ.

"(19), by deleting the article 59th. (20) the 71st to 67th, amended to read: "without a license and illegally engage in insurance business, be banned by CIRC, confiscate the illegal income and illegal gains more than 1 time penalty of five times, there is no illegal income or the illegal income is less than 50,000 yuan, fines of between 50,000 yuan and 300,000 yuan. "(21), the 72nd to 68th and amended as:" the license applicant to hide relevant information or provides false information to apply for setting up an insurance agency company or other administrative licensing, inadmissible or not approved by the CIRC, and give a warning, the applicant may not apply again for the administrative license within 1 year. "(22) of the 73rd to 69th and amended as:" the licensee through fraud, bribery or other improper means to establish insurance companies or to obtain permission from the China insurance regulatory Commission on administrative, be revoked according to law by the CIRC, on the licensee in a warning and a fine of 10,000 yuan applicants allowed to re-apply in 3 years the administrative license.

"(23) by deleting article 74th. (24) will 75th article to 70th article, modified for: "insurance professional agent institutions occurred 14th article, and 39th article, and 52nd article by column matters not by provides report of, by China Circ ordered corrected, give warning, no illegal proceeds of, at 10,000 yuan following fine, has illegal proceeds of, at illegal proceeds three times times following of fine, but highest shall not over 30,000 Yuan; on the institutions directly is responsible for of competent personnel and other responsibility personnel, give warning, and at 10,000 yuan following fine.

"(25) in the 76th to 71st and amended as:" the insurance professional Agency employed no personnel with qualifications, by the China insurance regulatory Commission ordered corrective action and penalty of between 100,000 yuan and 20,000 yuan; for the Agency in charge and other personnel directly responsible for and give a warning and fined a maximum of between 50,000 yuan and 10,000 yuan. "The insurance professional agency personnel that do not meet the required conditions of appointment, by the China insurance regulatory Commission ordered corrective action and give a warning to fines of between 10,000 yuan; for the Agency in charge and other personnel directly responsible for and give a warning, and a 10,000 yuan fine. "(26) will 77th article to 72nd article, modified for:" insurance professional agent company rental, and lending or transfer license of, by China Circ ordered corrected, at 10,000 yuan above 100,000 yuan following fine; plot serious of, ordered closed reorganization or revoked license; on the company directly is responsible for of competent personnel and other responsibility personnel, give warning, and at 10,000 yuan above 50,000 yuan following fine. "(27) will 79th article to 74th article, first items modified for:" (a) not by provides deposit margin or violation provides use margin; "(28) will 87th article to 82nd article, second items modified for:" (ii) not by provides in residence or business places placed license or license copies (stamped belongs corporate institutions seal), and license; "(29) will 88th article to 83rd article, modified for:" violation insurance 165th to article 170, the circumstances are serious, the CIRC may directly responsible to the head of personnel and other persons directly responsible for revocation of qualification. "Four, make amendments to the regulations on insurance brokers (a) to modify the second paragraph of article to:" in the People's Republic of China established insurance brokerage company, should conform to the China insurance regulatory Commission (hereinafter referred to as the CIRC) eligibility conditions under, business insurance broker license (hereinafter licence). "(B) to modify the article 12th to:" insurance brokerage branches including branches, sales offices. Insurance brokers company established branch institutions should has following conditions: "(a) internal control system sound;" (ii) registered capital reached this provides of requirements; "(three) existing institutions running normal, and recently 1 years within no major violations;" (four) intends any main head meet this provides of served qualification conditions; "(five) intends set branch institutions has meet requirements of business places and and business business about of other facilities. "(C) the 13th article is changed to:" the China insurance regulatory Commission after receipt of applications for setting up an insurance brokerage company, you can risk the applicant suggests that talks on applications for the establishment, question, understand the company's market development strategy, business planning, internal control systems, personnel structure and other related matters.

"(D) article 14th is amended as:" the China insurance regulatory Commission to approve the establishment of insurance brokerage firm, applicant shall be issued a license. "The applicants upon receipt of the license, insurance brokerage.

"(E) by deleting article 15th.

(Vi) by deleting article 16th. (Seven) will 17th article to 15th article, modified for: "insurance brokers institutions has following case one of of, should since matters occurred of day up 5th within, written report China Circ:" (a) change name or branch institutions name; "(ii) change residence or branch institutions business places;" (three) sponsors, and main shareholders change name or name; "(four) change main shareholders;" (five) change registered capital; "(six) equity structure major change;" (seven) change organization; " (H) the Division or merger "(I) to amend the company's articles" (j) the establishment, dissolution branches. "(BA) the 18th to 16th and amended as:" the company changes related to license contents of insurance brokers shall return the original license and obtain a new license, and in accordance with the relevant provisions of the administrative measures for insurance licenses for announcements.

"(Nine) will 21st article to 19th article, modified for:" insurance brokers institutions intends any Chairman, and implementation Director and senior management personnel should has following conditions, and reported by China Circ approved: "(a) University Specialist above degree;" (ii) engaged in economic work 2 years above; "(three) has perform duties by needed of business management capacity, familiar insurance legal, and administrative regulations and the China Circ of related provides;" (four) honest and trustworthy, conduct good;

"(E) the other conditions stipulated by the Circ. "Engaged in financial work for 10 years or more, is not subject to the preceding paragraph (a) limit.

"(J) the 22nd to 20th, and" the company law provisions of the 147th "amended to read" the company law provisions of the 146th section ".

(11) the 28th to 26th and amended as: "the insurance broker license should be placed at the residence or place of business of the company significantly. "Insurance brokerage company branch offices shall license copy (with respective corporate seal) and business license in place of prominent positions.

"(12) the 31st to 29th, by deleting everything after the first paragraph in the" stipulated by the CIRC held qualifications. "

(13) the 38th to 36th and amended as: "the insurance broker shall obtain a license within 20th of insurance against professional liability insurance payment or deposit. "Insurance brokers shall insure professional liability insurance or paid after the date of deposit in the 10th, will copy of professional liability insurance policy or guarantee deposit agreement copy of deposit accounted for copies of original documents submitted to the China insurance regulatory Commission. "(14) the 40th to 38th, delete the third paragraph in the" margin deposits shall be stipulated in the agreement: ' without the written approval of the China insurance regulatory Commission, insurance brokers are not allowed to use or dispose of margin. Obligations of the Bank does not review, should be used within the margin for insurance brokers bear joint and several liability for the debts of the company.

' "(15) the 41st to 39th and amended as:" the insurance brokerage company, one of the following circumstances, you can use margin: "(a) the registered capital reduction" (ii) license is cancelled "(c) insuring eligible professional liability insurance" (d) other circumstances as stipulated by the Circ. "Insurance broker company shall use the deposit date of written reports within the 5th China insurance regulatory Commission. "(16) the 42nd to 40th and amended as:" the insurance broker shall forge, alter, rent, lend, transfer of licenses.

"(17) by deleting article 52nd. (18) the 53rd to 50th, the first paragraph is amended as: "the dissolution of a company of insurance brokers, it shall set up a group for liquidation and dissolution occurs within 10th of a written report to the Circ.

"(19) by deleting article 57th. (20) the 69th to 65th, amended to read: "without a license and illegally engage in insurance broking business, be banned by CIRC, confiscate the illegal income and illegal gains more than 1 time penalty of 5 times; not less than 50,000 yuan of illegal income or the illegal income, fines of between 50,000 yuan and 300,000 yuan. "(21) in the 70th to the 66th, amended to read:" administrative license applicants to hide relevant information or provides false information to apply for the establishment of insurance brokers or other administrative licensing, inadmissible or not approved by the CIRC, and give a warning, the applicant may not apply again for the administrative license within 1 year. "(22), the 71st to 67th and amended as:" the licensee through fraud, bribery or other improper means to establish insurance brokerage companies or to obtain permission from the China insurance regulatory Commission on administrative, be revoked according to law by the CIRC, on the licensee in a warning and a fine of 10,000 yuan applicants allowed to re-apply in 3 years the administrative license.

"(23) by deleting section 72nd. (24) will 73rd article to 68th article, modified for: "insurance brokers institutions occurred 15th article, and 39th article, and 50th article by column matters not by provides report of, by China Circ ordered corrected, give warning, no illegal proceeds of, at 10,000 yuan following fine, has illegal proceeds of, at illegal proceeds 3 times times following fine, but highest shall not over 30,000 Yuan; on the institutions directly is responsible for of competent personnel and other responsibility personnel, give warning, and at 10,000 yuan following fine.

"(25) in the 74th to 69th and amended as:" appointed insurance broker do not have qualified personnel, by the China insurance regulatory Commission ordered corrective action and penalty of between 100,000 yuan and 20,000 yuan; for the Agency in charge and other personnel directly responsible for and give a warning and fined a maximum of between 50,000 yuan and 10,000 yuan. "Personnel of the insurance broker does not meet the required conditions of appointment, by the China insurance regulatory Commission ordered corrective action and give a warning to fines of between 10,000 yuan; for the Agency in charge and other personnel directly responsible for and give a warning, and a 10,000 yuan fine. "(26) will 75th article to 70th article, modified for:" insurance brokers company rental, and lending or transfer license of, by China Circ ordered corrected, at 10,000 yuan above 100,000 yuan following fine; plot serious of, ordered closed reorganization or revoked license; on the company directly is responsible for of competent personnel and other responsibility personnel, give warning, and at 10,000 yuan above 50,000 yuan following fine. "(27) will 76th article to 71st article, first items modified for:" (a) not by provides deposit margin or violation provides use margin; "(28) will 85th article to 80th article, second items modified for:" (ii) not by provides in residence or business places placed license or license copies (stamped belongs corporate institutions seal), and license; "(29) will 86th article to 81st article, modified for:" Violation of insurance laws 165th to article 170, the circumstances are serious, the CIRC may directly responsible to the head of personnel and other persons directly responsible for revocation of qualification. "Five, and on insurance public estimated institutions regulatory provides made modified (a) by deleting to eighth article second items, will fourth items to third items, modified for:" (three) Chairman, and implementation Director and senior management personnel meet provides of conditions; "(ii) will ninth article modified for:" insurance public estimated institutions of registered capital for in company registration organ registration of all shareholders recognize paid of funded amount.

"(C) by deleting the 13th second, the fourth to the third item, amended to read:" (c) the Chief to be appointed in accordance with the conditions laid down in: "(d) by deleting article 14th.

(E) the 16th to 15th, deletion of the second and third paragraphs.

(Vi) by deleting article 17th.

(VII) the title of section II of chapter II is amended as "qualifications".

(Eight) will 22nd article to 20th article, modified for: "insurance public estimated institutions intends any Chairman, and implementation Director and senior management personnel should has following conditions:" (a) University Specialist above degree; "(ii) engaged in economic work 2 years above;" (three) has perform duties by needed of business management capacity, familiar insurance legal, and administrative regulations and the China Circ of related provides; "(four) honest and trustworthy, conduct good;" (five) China Circ provides of other conditions. "Engaging in financial or assessments for more than 10 years, is not subject to the preceding paragraph (a) limit.

"(IX) the 23rd to 21st, and will be" the company law provisions of the 147th "amended to read" the company law provisions of the 146th section ".

(J) by deleting article 25th.

(11) the 26th to 23rd, is revised as follows: "insurance assessment institutions appointed the Chairman, Executive Directors and senior managers, it should be since the date of the decision in the 5th, written reports, China insurance regulatory Commission. "The CIRC may require insurance assessment institutions who do not meet the required conditions, Chairman, Executive Directors and senior managers.

"(12) the 32nd to 29th, by deleting everything after the first paragraph in the" stipulated by the CIRC held qualifications. " (13) the 49th to 46th, the first paragraph is amended as: "the insurance assessment institutions dissolved, it shall set up a group to liquidate and disbandment occurred within 10th of a written report to the Circ.

"(14) the 59th to the 56th, delete the second. (15) the 67th to 64th, amended to read "without a license without authorization on behalf of the insurance assessment institutions engaged in the business of insurance adjuster, by the China insurance regulatory Commission ordered corrective action and give a warning and no illegal proceeds, and a fine of 10,000 yuan, has illegally obtained, and illegal income of 3 times the fine, but shall not exceed a maximum 30,000 yuan. "(16) the 69th to 66th, third is revised as follows:" (c) the appointment of the person who does not meet the required conditions.

"Six, the China insurance regulatory Commission on administrative punishment procedures to modify the provisions (a) by deleting article of the Nineth" qualification, or revocation of certificate. "

(B) by deleting the 45th in the eighth "qualification, or revocation of certificate."

Seven, an overhaul of the regulation of reinsurance business (I) by deleting article 23rd.

(B) the 24th to 23rd, and by deleting "approved".

Eight, the life insurance company's insurance clauses and insurance rates of administrative policy changes (a) in the 34th article "137th provisions of the Insurance Act" amended to read "136th provisions of the Insurance Act". (B) the 40th is changed to: "the insurance company shall specify the legal responsibility, and to the China insurance regulatory Commission for the record. "(Three) will 44th article modified for:" insurance company submitted legal responsibility people record of, should to China Circ submitted following material a type two copies: "(a) legal responsibility people record situation table;" (ii) intends any people identity proved and residence proved copies; "(three) degree proved and professional qualification proved copies;" (four) practitioners experience proved; "(five) China Circ provides of other material.

"(D) 47th in the" sanction pursuant to section 165th of the Insurance Act "amended to read" pursuant to section 164th of the Insurance Act for punishment ".

(E) in the 49th "sanction pursuant to section 171th of the Insurance Act" amended to read "pursuant to section 169th of the Insurance Act for punishment". (Six) will 50th article modified for: "insurance company has following behavior one of of, by China Circ according to insurance 170th article for punishment:" (a) submitted approval, and record insurance terms and premium rate Shi, prepared or provides false of report, and report, and file, and information of; "(ii) submitted legal responsibility people record Shi, prepared or provides false of report, and report, and file, and information of;" (three) not according to provides using by approved or record of insurance terms, and insurance rates of.

"(VII) in the 52nd" sanction pursuant to section 162th of the Insurance Act "amended to read" pursuant to section 161th of the Insurance Act for punishment ". (VIII) modify the 53rd to: "an insurance company violates these rules, appointment of legal person that does not meet the required conditions, a rectification by the CIRC; fails, given a warning and fined 10,000 yuan.

"(IX) Annex" 5, responsible for the legal qualification application form "is amended as" 5, responsible for the legal record sheet; "this decision come into force on the date of promulgation. Insurance company established outside insurance class institutions management approach, and insurance company management provides, and insurance professional agent institutions regulatory provides, and insurance brokers institutions regulatory provides, and insurance public estimated institutions regulatory provides, and China insurance supervision Management Committee administrative punishment program provides, and again insurance business management provides, and life insurance company insurance terms and premium rate management approach according to this decided for corresponding modified, again announced.