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The China Insurance Regulatory Commission
Circular of the China Insurance Regulatory Commission on the Interim Measures on the Administration of Concurrent-business Insurance
Agency
BaoJianFa [2000] No.144
August 4, 2000
Chapter I General Provisions
Article 1
These Measures are enacted in accordance with the “Insurance Law of the People’s Republic of China” in order to strengthen the administration
of concurrent-business insurance agents, regulate the acts of concurrent-business insurance agencies, maintain the order of the insurance
market, and promote the healthy development of the insurance industry.
Article 2
Concurrent-business insurance agents shall refer to the entities which are entrusted by the insurers to handle insurance business
on behalf of the latter at the time of engaging in their own business.
Article 3
Concurrent-business insurance agents shall, when engaging in the business of insurance, abide by the relevant laws and regulations
of the State and administrative rules, and shall comply with the principles of volunteerism, honesty and credibility.
Article 4
The legal liabilities occurred from a concurrent-business insurance agent’s agency of insurance business within the scope of the insurer’s
authorization shall be borne by the insurer.
Article 5
No party or governmental organization or its functional department, public institution or social organization shall engage in the
business of insurance agency.
Chapter II Administration on the Agency Qualifications
Article 6
The application for the qualification of concurrent-business insurance agent and the modification of relevant contents shall be reported
by the principal insurance company to China Insurance Regulatory Commission (hereinafter referred to as “CIRC”) for approval.
Article 7
Whoever applies for the qualification for concurrent-business insurance agency shall meet the following conditions:
(1)
having the business license checked and issued by the administrative organ of industry and commerce;
(2)
having the source of a certain scale of business of insurance agency directly relating to its major business;
(3)
having a fixed business premises;
(4)
having the conveniences to directly undertake the agency of insurance business in its business premises.
Article 8
Whoever applies for the qualification for concurrent-business insurance agency shall submit the following documents to CIRC:
(1)
an application form for the qualification to be a concurrent-business insurance agent (in triplet);
(2)
a duplicate of the copy of industrial and commercial business license;
(3)
a duplicate of the “Organization Code Certificate”;
(4)
a computer data disk for applying for the qualification to be a concurrent-business insurance agent;
(5)
a duplicate of the principal insurance company’s “License for Operating Insurance Business”;
(6)
other documents required by CIRC.
Article 9
CIRC shall issue a “License for Concurrent-Business Insurance Agency” to each entity that is checked and approved to have obtained
the qualification for concurrent-business insurance agency.
Article 10
The validity period for the “License for Concurrent-Business Insurance Agency” shall be three years, and a concurrent-business insurance
agent shall apply to go through the procedures for change of the license two months before the expiration of the validity period.
Article 11
Where a concurrent-business insurance agent needs to modify any content of the “License for Concurrent-Business Insurance Agency”
due to the change of its name or scope of its major business, it shall, within three months, apply to CIRC to go through the modification
procedures.
Article 12
Where a concurrent-business insurance agent is no longer to be qualified for concurrent-business insurance agency due to merger, cancellation
or dissolution, etc., it shall return the “License for Concurrent-Business Insurance Agency” to CIRC within one month.
Chapter III Administration of Agency Relationships
Article 13
An insurance company may only set up the concurrent-business insurance agency relationship with an entity that has obtained the “License
for Concurrent-Business Insurance Agency”, and authorize such an entity to carry out the business of insurance agency.
Article 14
An insurance company shall, when setting up the insurance agency relationship with a concurrent-business insurance agent, report to
CIRC for record, and shall submit the following documents:
(1)
a registration form for the concurrent-business insurance agency relationship (in triplet);
(2)
a duplicate of the “License for Concurrent-Business Insurance Agency”;
(3)
a computer data disk for applying for the insurance agency relationship. Where CIRC does not raise any objection within ten working
days of receipt of the documents for record, the insurance agency contract shall become effective, and the insurance agency relationship
is therefore set up.
Article 15
After the insurance agency relationship is set up, the insurance company shall issue a “Power of Attorney for Concurrent-Business
Insurance Agency” to the concurrent-business insurance agent. The production of the “Power of Attorney for Concurrent-Business Insurance
Agency” shall be centrally supervised by the CIRC.
Article 16
An insurance company shall, when terminating the insurance agency relationship with a concurrent-business insurance agent, take back
the “Power of Attorney for Concurrent-Business Insurance Agency”, fill out the “Registration Form for Concurrent-Business Insurance
Agency Relationship” and report the termination to the CIRC for record in a timely fashion.
Article 17
A concurrent-business insurance agent may only undertake the insurance business on behalf of one insurance company, and the scope
of the undertaken business shall be limited to the undertaken insurance category specified in the “License for Concurrent-Business
Insurance Agency”.
Article 18
A concurrent-business insurance agent shall place its “License for Concurrent-Business Insurance Agency” and “Power of Attorney for
Concurrent-Business Insurance Agency” at an obvious location of its business premise.
Chapter IV Administration of Practicing of Business
Article 19
An insurance company shall, when setting up the agency relationship with a concurrent-business agent, be responsible for determining
that the concurrent-business agent:
(1)
has the “License for Concurrent-Business Insurance Agency”; and
(2)
has no agency relationship with any other insurance company.
Article 20
An insurance company shall guarantee that each of its concurrent-business agents:
(1)
hold the “Power of Attorney for Concurrent-Business Insurance Agency”;
(2)
undertake the insurance within the category permitted by the “License for Concurrent-Business Insurance Agency”;
(3)
have received corresponding professional trainings.
Article 21
A concurrent-business insurance agent may only undertake the insurance business inside its main business premise, and shall not separately
set up agency offices outside its business premises.
Article 22
A concurrent-business insurance agent shall not have any of the following acts when it engages in the business of insurance agency:
(1)
to, without authorization, modify the insurance clauses, or raise or lower the insurance premium;
(2)
to, by taking advantage of administrative power or of duty or occupational conveniences, force or entice a insurer to purchase the
designated insurance policy;
(3)
to, by unfair means, force, entice or limit a insurer or insured to take out insurance policies or change the insurer ;
(4)
to collude with the insurer, the insured or the beneficiary to deceive the insurer ;
(5)
to make incorrect or misleading propaganda to other insurance institutions or insurance agency institutions;
(6)
to undertake the business of a re-insurance agency;
(7)
to misappropriate or embezzle the insurance premium;
(8)
to concurrently engage in the business of insurance brokerage;
(9)
other acts ascertained by the CIRC to have damaged the benefits of the insurer, the insurer or the insured.
Article 23
A concurrent-business insurance agent’s taking out policies of its own property insurance or life insurance from an insurance company
shall be regarded as if the insurance company directly underwrites the insurance business, and the concurrent-business insurance
agent shall not draw any agency commission.
Article 24
The agency period in a concurrent-business insurance agency contract shall be limited to the validity period of the “License for Concurrent-business
Insurance Agency” held by concurrent-business insurance agent at the time of conclusion of the contract.
Article 25
A concurrent-business insurance agency contract shall clearly state such contents as the category of the undertaken insurance, scope
of authorization, rate of commission, payment method and the time limit for transfer of premium, etc..
Article 26
A concurrent-business insurance agent shall, in accordance with the concurrent-business insurance agency contract, settle the premium
with and deliver the relevant documents to the insurance company in time. The time for the settlement of the premium shall be no
more than one month, and the premium shall not be used to deduct the agency commission.
Article 27
A concurrent-business insurance agent shall set up an independent premium income account and shall conduct separate accounting for
the business of concurrent-business insurance agency.
Article 28
A concurrent-business insurance agent shall set up account books for its business, which shall clearly state item by item such contents
as the item number of the insurance policy, category of the undertaken insurance, insurance amount, insurance premium, agency commission,
etc..
Article 29
An insurance company shall not pay the agency commission to a concurrent-business insurance agent by means of direct deduction with
premium or by cash.
Article 30
An insurance company shall not, without being approved by CIRC, entrust a concurrent-business insurance agent to issue the insurance
policies.
Article 31
An insurance company shall set up a registration book of concurrent-business insurance agency contracts, shall establish and improve
the archives of concurrent-business insurance agents, and shall set up account books for the agency business by regarding each concurrent-business
insurance agent to be a unit.
Article 32
An insurance company shall formulate a uniform text of concurrent-business insurance agency contracts and shall submit it to CIRC
for record.
Article 33
An insurance company shall hold regular trainings for the concurrent-business insurance agents, and the time for each concurrent-business
insurance agent to receive trainings in each year shall be no less than 60 hours.
Article 34
The measures for the payment and deposition of the guarantee bond of concurrent-business insurance agent shall be separately stipulated.
Chapter V Penalty Provisions
Article 35
Whoever violates these Measures by illegally engaging in the business of insurance agency without obtaining the “License for Concurrent-Business
Insurance Agency” and the “Power of Attorney for Concurrent-Business Insurance Agency” shall be punished in accordance with Article
142 of the “Insurance Law of the People’s Republic of China”.
Article 36
Any concurrent-business insurance agent who violates these Measures by deceiving the insurer, the insured or the beneficiary in the
business of insurance agency shall be punished in accordance with Article 133 of the “Insurance Law of the People’s Republic of
China”.
Article 37
Where a concurrent-business insurance agent violates Article 17 , 21, 22, or 23 of these Measures, it shall be ordered by CIRC to
make a correction, and a warning or a fine of no less than 10,000 Yuan but no more than 50,000 Yuan shall be imposed; if the case
is serious, its “License for Concurrent-Business Insurance Agency” shall be revoked. If its act constitutes a crime, it shall be
investigated for criminal liabilities in accordance with the law.
Article 38
Where an insurance company violates Article 13 , 19, 20, 29 or 30 of these Measures, it shall be ordered by the CIRC to make a correction,
and a fine of no less than 10,000 Yuan but no more than 100,000 Yuan shall be imposed; if the case is serious, it shall be ordered
by the CIRC to dismiss and replace the relevant liable person(s) or to cease its business for rectification, or the relevant main
liable person’s qualification for holding the post as a senior manager shall be cancelled.
Chapter VI Supplementary Provisions
Article 39
CIRC shall be responsible for the interpretation and amendment of these Measures.
Article 40
Where any provision relating to the original administration of concurrent-business insurance agents is inconsistent with these Measures,
these Measures shall prevail.
Article 41
These Measures shall enter into force as of the date of their promulgation.
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