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中国保险监督管理委员会关于印发《保险兼业代理管理暂行办法》的通知 Circular of the China Insurance Regulatory Commission on the Interim Measures on the Administration of Concurrent-business Insurance Agency

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保监发[2000]144号
颁布日期:20000804  实施日期:20000804  颁布单位:中国保险监督管理委员会

  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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