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The China Insurance Regulatory Commission Provisions on the Administration of Insurance Companies January 13,2000 ContentsChapter I General Provisions Chapter II Insurance Institutions Chapter III Insurance Operations Chapter IV Terms of Insurance and Rate of Premium Chapter V Administration and Use of Insurance Funds Chapter VI Solvency of the Insurance Companies Chapter VII Reinsurance Chapter VIII Supervision and Inspection Chapter IX Penalty Provisions Chapter X Supplemental Provisions Chapter I General Provisions Article 1 These Provisions have been enacted according to the Insurance Law of the People’s Republic China (hereinafter referred to as the Insurance Article 2 The China Insurance Regulatory Commission (hereinafter referred to as CIRC) shall be the authority in charge of the commercial insurance Article 3 The insurance companies shall not be subject to the intervention of the government organizations at all levels, social institutions Article 4 The insurance companies as mentioned in these Provisions shall refer to the commercial insurance companies of all types that have The branches of the insurance companies as mentioned in these Provisions shall refer to the branch companies, sub-branch companies The insurance institutions as mentioned in these Provisions shall refer to the insurance companies and their branches. Chapter II Insurance Institutions Article 5 The establishment of insurance companies or their branches shall be subject to the approval of the CIRC. Unless approved by the CIRC, no unit or individual shall conduct or conduct in any disguised form the commercial insurance business Article 6 The establishment of an insurance company shall be eligible for the following principles: 1. observing the laws, regulations and administrative rules concerning insurance; 2. contributing to the stability of the insurance market and financial system; 3. separation of operation between the insurance business and banking and securities businesses; separation of operation between the 4. rational distribution and fair competition. Article 7 The following conditions shall be satisfied in the application for establishing an insurance company: 1. An insurance company that is engaged in the nationwide insurance business shall have a paid-in cash capital of not less than five 2. The high-ranking management personnel of the insurance company shall be eligible for the professional qualifications as required by 3. An insurance company that is engaged in the nationwide life insurance business shall consist of not less than three actuaries approved 4. The applicant shall have business offices and facilities corresponding to the business scale and staff. 5. The shareholders of a stock-limited insurance company shall be business corporations or other organizations as permitted for investment 6. Other conditions as required by the CIRC. Article 8 The application for establishing an insurance company shall be accompanied by the following documents in triplicate: 1. an application for establishment; 2. a feasibility study report; 3. plans for establishment; 4. letter of intent of the investors for subscription of shares and background materials of the investors, including the nature of the 5. resumes and personal statements of the person responsible for the establishment, the candidates for the chairman of the board of directors 6. other documents as required by the CIRC. Article 9 The CIRC shall make a decision whether to approve or not to approve within six months after receiving the application. In case no If the application is not approved, the applicant shall not submit similar applications with one year. Article 10 In the event an application is approved for establishing an insurance company, the establishment shall be completed within six months. The preparatory organization shall not, during the period of establishment, be engaged in any insurance business. Article 11 After the completion of the establishment, the insurance company may file an application for start of business, subject to the submission 1. an application for start of business; 2. a certification of assessment of capital issued by an assessment organization approved by the CIRC and a duplicate of the original 3. resumes of the persons to be employed as executive officers, and an introduction of the setup of the departments of the company and 4. certification of ownership or land use right to the business ground or office; 5. articles of incorporation (draft); 6. a three-year plan of management and scheme of reinsurance; 7. the terms of insurance and rate of premium for the type of insurance to be engaged in; 8. a report on the configuration of computer facilities and software; 9. other materials as required by the CIRC. Article 12 The insurance company may, according to the demand of business, apply for the establishment of branches. The branches shall take the The head business office of the insurance company shall be responsible for the administration of the branch companies and business Article 13 If an insurance company, which is established with the minimum registered capital as prescribed in item 1 of article 7 , is a national If the registered capital of the applicant has reached the requirement as prescribed in the previous paragraph, it may not make corresponding Where a national company has a registered capital of not less than 1.5 billion yuan, and a regional company has a registered capital Article 14 The application for establishing branch organizations of an insurance company shall be filed by the head office. Article 15 An insurance company applying for the establishment of a branch organization shall satisfy the following conditions: 1. the establishment shall be contributory to the development of the local insurance market; 2. the business of the head office shall have been in operation for not less than one year, and the registered capital shall be eligible 3. the insurance company shall have sound regulatory rules, be in normal operation and adequately solvent; 4. the insurance company shall have no record of serious violation of laws and regulations, and the organization by whom a branch organization 5. the insurance company shall have the executive personnel that are eligible for the requirements of the CIRC; 6. the organization previously approved has been established and has been in smooth operation; 7. other conditions as required by the CIRC. Article 16 An insurance company, when applying for the establishment of a branch organization, shall submit a formal application. The application Article 17 The CIRC shall determine the approval of the application for establishing branch organizations according to the demand of market development Article 18 The CIRC shall decide to approve or disapprove the application within three month after its receipt. Failure to respond within the If the application is denied, the insurance company shall not file similar applications within six months. If the application is approved, the applicant insurance company shall start on the preparatory work of the branch organization. The Article 19 The insurance company shall, after the establishment of the branch organization, submit an application to the CIRC for start of business The application for start of business shall include the completion of establishment, the scope of business, the leaders of the branch Article 20 Alterations concerning the following items of the insurance company shall be subject to the approval of the CIRC: 1. amendment of the articles of incorporation; 2. change of address; 3. increase or decrease of registered capital; 4. assignment of shares; 5. change of type of organization; 6. readjustment of scope of business; 7. change of company post_title; 8. split or merger; 9. other alterations that need approval of the CIRC. Article 21 The possession of shares by an individual shareholder of a joint stock insurance company limited (including its related companies Article 22 The decisions of the board of directors of the insurance company shall be submitted, within fifteen days after the close of the meeting, Article 23 The alterations of the branch organizations of an insurance company concerning the items as mentioned below shall be subject to the 1. withdrawal or merger of organization; 2. change of post_title of organization; 3. readjustment of scope of business; 4. change of site for business; 5. other alterations that need the approval of the CIRC. Article 24 The examination and administration of the credentials of the executive officers of the insurance company shall be conducted in accordance Article 25 The insurance company shall set up a special customer service agency or a department responsible for consultation and complaints, Article 26 The joint stock insurance company shall, in the process of issuing new shares to the public, abide by the Company Law of the People’s 1. the company has gross violations against the laws and regulations during the last three years; 2. the previous issue of shares has not been fully subscribed and an elapse of two years has not passed; The issue of new shares to be subscribed fully by the existing shareholders, the transfer of profit into new shares and the distribution Article 27 The insurance license is the legitimate certification of engagement of the insurance institutions in the insurance business. The insurance Article 28 A Corporate License for Insurance Institution shall be issued by the CIRC to the insurance company that has obtained the approval The insurance institution shall, in the process of making alterations upon the approval, submit the authentic copy and its counterpart Article 29 The CIRC shall be responsible for the design, printing, issuance, withholding, cancellation and revocation of the license for insurance. Article 30 The insurance institution and its branch organizations shall place the authentic copy of the insurance licenses in an eye- catching Article 31 The insurance licenses shall be changed every three years. In the event that a license is missing, the insurance institution shall, Article 32 The insurance institution shall not counterfeit, alter, rent, lend, transfer or sell the insurance license. Article 33 The CIRC shall charge a fee from the insurance institutions applying for the issuance or change of insurance licenses. Article 34 The insurance company shall obtain the approval of the CIRC for the establishment of solely-funded companies or joint venture companies Article 35 The insurance company shall, when withdrawing an overseas insurance institution as mentioned in Article 34 , apply to the CIRC for Article 36 The insurance may set up representative offices upon the approval of the CIRC. The representative offices shall be responsible for The insurance company shall obtain the approval of the CIRC for the establishment of representative offices overseas. Article 37 In the event the insurance is dissolved, withdrawn or declared bankrupt according to law, the liquidating group shall notify the creditors Article 38 The insurance company shall file an application with the CIRC for dissolution in accordance with the articles of incorporation or 1. an application for dissolution; 2. the decision of the shareholders’ meeting; 3. liquidation procedure; 4. plan for the arrangement of credits and debts; 5. the organization of the liquidating group and its leader; 6. plan for the distribution of assets; 7. other documents required by the CIRC. Article 39 In the event of dissolution or withdrawn according to law, the insurance company shall terminate its business immediately, and shall Article 40 A liquidating group shall be formed in the event of the dissolution or withdrawn of the insurance company by law. The liquidating The CIRC may supervise and guide the liquidating work. Article 41 In the event the insurance company is dissolved or withdrawn according to law, the assets of the company shall be disposed of by way Article 42 In the event the insurance company is dissolved or declared bankrupt according to law, the plan for the transfer of insurance contracts If the insurance contract is transferred in accordance with the provisions as mentioned in the previous paragraph, the scheduled rate Article 43 In the event of the dissolution of the insurance company, the shareholders of the company shall not, before the completion of liquidation, Article 44 If, in the process of liquidation, the insurance company being dissolved is found to be insolvent, an application shall be filed for Chapter III Insurance Business Operation Article 45 A property insurance company may, upon the approval of the CIRC, engage in all or some of the businesses as mentioned below: 1. insurance for loss of business property; 2. insurance for loss of household property; 3. insurance for construction projects; 4. insurance for installation projects; 5. insurance for freight transportation; 6. insurance for motor vehicles; 7. insurance for vessels; 8. insurance for airplanes; 9. insurance for space flight; 10. insurance for nuclear power stations; 11. energy insurance; 12. insurance for statutory liabilities; 13. insurance for general liabilities; 14. guaranty insurance; 15. credit insurance; 16. insurance for the planting industry; 17. insurance for the aquacultures industry; 18. other insurance businesses as approved by the CIRC; 19. the reinsurance of the insurance business as mentioned above. Article 46 An insurance company may, upon the approval of the CIRC, engage in all or part of the following business: 1. personal accidental injury insurance; 2. personal fixed-term death insurance; 3. personal endowment insurance; 4. personal perpetual life insurance; 5. personal annuity insurance; 6. personal short-term health insurance; 7. personal long-term health insurance; 8. group accidental injury insurance; 9. group fixed-term life insurance; 10. group perpetual insurance; 11. group annuity insurance; 12. group short-term health insurance; 13. group long-term health insurance; 14. other personal insurance business as approved by the CIRC; 15. reinsurance of the insurance businesses as mentioned above. Article 47 With the approval of the CIRC, a reinsurance company may engage in all or some of the insurance businesses as mentioned below: 1. acceptance of the outward reinsurance of the property insurance companies; 2. acceptance of the outward reinsurance of the life insurance companies; 3. acceptance, with the approval of the CIRC, of the legitimate outward reinsurance of the domestic insurance companies; 4. engagement in the retrocession business; 5. engagement in international reinsurance business. Article 48 When applying for expansion of the scope of insurance business, the insurance company shall meet the requirements of the CIRC concerning Article 49 An insurance company which, upon the approval of the CIRC and the competent foreign exchange authorities, may engage in the insurance Article 50 A branch organization of the insurance company may, upon the approval of the CIRC, engage in all or some of the insurance businesses Article 51 The insurance institutions shall engage in the insurance business within the areas as prescribed in the license for insurance. The insurance company doing business in large and medium-sized cities shall set up corresponding branch organizations. Article 52 Two or more insurance companies engaged in the coinsurance of a same subject matter of special risks such as large projects or satellites, Article 53 The insurance company may engage in the insurance of large industrial and commercial projects or large construction projects in other 1. the total amount of insurance of the enterprise or all the property of the project exceeds 500 million yuan; 2. the total income of insurance premium resulting from the insurance as mentioned above exceeds 1 million yuan; Article 54 If one of the following requirements is met, an insurance company may engage in the insurance business in other places in the form 1. the insurance institution of the place where the investor corporation is located may engage in the insurance business of the national 2. if the corporate organization or the major object of insurance (above 50% of the amount of insurance) or the insured lies within the Article 55 The insured may select an insurance company for insurance upon his own will. The insurance company shall not force overtly or in disguised Article 56 An insurance company shall not entrust an insurance agent that has not obtained the approval of the CIRC for business, nor accept Article 57 An insurance shall not engage in vicious pricing competitions for the purpose of squeezing out its rivals through abnormally low rate Article 58 An insurance company shall not injure the credit and reputation of other insurance companies by counterfeiting or distributing false An insurance company shall not attack its rivals and reap commercial profits by resorting to the judgments or penalty decisions of Article 59 An insurance company shall not, for the purpose of controlling market, induce the applicant for insurance or the insured to cancel Article 60 An insurance company shall not make use of the government organizations, other organizations of state power, monopolistic industries, Article 61 An insurance company shall not provide to the insurance applicant, the insured or the beneficiary any kickback of insurance premium Article 62 The propaganda materials of the insurance company shall be comprehensive, objective, complete and truthful. The insurance company Article 63 The propaganda materials of the insurance company shall include the post_title of the insurance company, the telephone numbers and the The propaganda materials of the insurance company shall not predict the profit or dividends of the company or indefinite policy benefits Article 64 The insurance company shall present the exclusion clauses, clauses of discharging insurance or refunding of insurance premium as prescribed The insurance company shall not make partial or one-sided comparison of the terms of insurance, rate of premium with the similar clauses Article 65 The insurance company shall exercise supervision over the operations of its insurance agents. Any actions of the insurance agents Article 66 The associated transactions of the insurance company shall be subject to the approval of the CIRC. Associated transactions as mentioned in the previous paragraph refer to: 1. the insurance and reinsurance between the connected companies; 2. the management, guaranty
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