保险代理机构管理规定 Rules on Administration of Insurance Agency Institutions

保监会令[2004]第14号

颁布日期：20041201 　实施日期：20050101 　颁布单位：保险监督管理委员会

　　Chapter 1 General Provisions

　　Article 1

　　For the purposes of regulating the business behaviors of insurance agency institutions and their branches， maintaining fair competition and market order， and promoting the healthy development of insurance industry， these Rules are formulated in accordance with the Insurance Law of the People's Republic of China （hereinafter referred to as the “Insurance Law”） and other relevant laws and administrative regulations.

　　Article 2

　　The establishment of insurance agency institutions and their branches within the territory of the People‘s Republic of China shall be subject to approval of the China Insurance Regulatory Commission （hereinafter referred to as the “CIRC”）。

　　Without approval from the CIRC， no unit or individual shall conduct or conduct in disguised form insurance agency business within the territory of the People‘s Republic of China.

　　Article 3

　　The CIRC performs the responsibilities of supervising and regulating insurance agency institutions and their branches according to the Insurance Law and the authorization of the State Council.

　　Local offices of the CIRC exercise their powers and functions within the scope of authorization of the CIRC.

　　Article 4

　　“Insurance agency institution” in these Rules refers to an entity that fulfills the qualification requirements specified by the CIRC， has obtained the license for conducting insurance agency business （hereinafter referred to as the “License”） with approval of the CIRC， engages in insurance business by and within the authorization of and collect commissions from insurance companies.

　　“Branches of an insurance agency institution” in these Rules refer to the branch companies and sales offices established by an insurance agency that operate insurance agency business within the scope authorized thereby.

　　Article 5

　　All insurance agencies and their branches shall abide by laws， administrative regulations and relevant stipulations of the CIRC and observe the principles of volition， honesty， credibility and fair competition.

　　Article 6

　　All insurance agency institutions and their branches shall submit relevant materials and report authentic information to the CIRC according to these Rules and be responsible for the authenticity of the substantial contents of the materials submitted.

　　Chapter 2　Administration of the Organization

　　Section 1　Establishment

　　Article 7

　　An insurance agency institution may take one of the following organizational forms：

　　1. Partnership；

　　2. Limited liability company；

　　3. Joint stock limited company.

　　Article 8

　　The following qualification requirements shall be fulfilled in order to establish an insurance agency institution，：

　　1. Registered capital or capital contribution reaches the minimum amount specified herein；

　　2. The articles of association or partnership agreement complies with the stipulations of laws；

　　3. Senior management personnel fulfill the qualification requirements specified herein；

　　4. The number of employees holding the Qualification Certificate of Insurance Agency Practitioners （hereinafter referred to as the “Qualification Certificate”） exceeds 2 and is not less than half of the total employees；

　　5. Sound and complete organizational structure and management system are in place；

　　6. Fixed domicile or business premises that match its business scale；

　　7. Computer software and hardware facilities that match the business operation；

　　8. At least one insurance company‘s letter of intent for agency authorization.

　　Article 9

　　Where an insurance agency institution is established in the form

of partnership or limited liability company， its registered capital or capital contribution shall not be less than RMB 500，000. Where it is established in the form of joint stock limited company， its registered capital shall not be less than RMB 10，000，000.

　　Article 10

　　Any entity or individual that is forbidden by laws or administrative regulations to invest in enterprises shall not become the　promoters ， shareholder or partner of an insurance agency institution.

　　Where an employee of an insurance company invests in an insurance agency institution， he shall inform the insurance company he works for of his investment.

　　Article 11

　　The name of an insurance agency institution and its branches shall contain the phrase “insurance agency” and shall not be the same with that of the existing insurance intermediaries.

　　Article 12

　　To apply for establishment of an insurance agency， all shareholders， promoters or partners shall designate a representative or jointly authorize an agent to handle application matters with the CIRC.

　　Article 13

　　For the application for establishment of an insurance agency institution， the following materials shall be submitted in duplicate to the CIRC：

　　1. “Application Form for Establishment of Insurance Agency Institution” signed by all shareholders， all promoters or partners；

　　2. “A Power of Attorney Regarding Application for Establishment of Insurance Agency Institution”；

　　3. Articles of association or partnership agreement；

　　4. Photocopies of identity certificates and resumes of natural-person shareholders， promoters or partners， photocopies of business licenses of non-natural-person shareholders or promoters and their financial statements of the last year and such statements shall be stamped with the seal of finance；

　　5. Capital verification certificate issued by a capital verification organization with statutory qualification and the photocopy of the original bank receipt voucher evidencing payment of the capital；

　　6. Feasibility report， containing an analysis of the market and a business development plan for the next 3 years；

　　7. Photocopy of notice of preliminary approval of enterprise‘s name；

　　8. Internal management regime， including organizational setup， decision-making procedure， business， finance and personnel systems， etc.；

　　9. Business service standards；

　　10. Materials of application for qualification of intended senior management personnel and photocopies of Qualification Certificates of business personnel；

　　11. Letter of intent for agency authorization issued by an insurance company；

　　12. Certification document of domicile or business premises；

　　13. Description of computer software and hardware.

　　Article 14

　　After receipt of application materials， the CIRC may call investors together to indicate to them investment risks and conduct interviews concerning the application and make inquiries and learn about market development strategy， business development plan， internal control construction and relevant matters of the institution to be established.

　　Article 15

　　An insurance agency may set up 3 branches within 1 year after its establishment. The insurance agency institution that applies for the establishment of a branch shall fulfill the following requirements：

　　1. No serious violation of laws or regulations within 1 year before application；

　　2. Having a sound and complete internal control system；

　　3. The main person-in-charge to be appointed fulfills the qualification requirements specified herein；

　　4. Existing branches of the insurance agency operate normally；

　　5. Registered capital or capital contribution meets the requirements specified herein；

　　Article 16

　　An insurance agency institution established

with a minimum registered capital or a minimum capital contribution specified herein may establish 3 branches. For the application for the establishment of each additional branch， registered capital or capital contribution of at least RMB 100，000 shall be added.

　　Where the registered capital or capital contribution of the insurance agency institution has already reached the amount required in the preceding paragraph when it applies for the establishment of a branch， it may not increase its registered capital or capital contribution.

　　Where the registered capital or capital contribution of an insurance agency reaches RMB 2，000，000， it need not increase its registered capital or capital contribution in order to establish a branch.

　　Article 17

　　For the application for establishing a branch， an insurance agency institution shall submit the following materials in duplicate：

　　1. “Application Form for Establishment of Insurance Agency Branch” ；

　　2. The resolution of the board of directors or all partners for establishing a branch；

　　3. The internal management framework of the branch to be established；

　　4. Audit report of the insurance agency institution for the previous fiscal year issued by an accounting firm；

　　5. Description of the supervision and inspection of insurance regulatory authority， administration of industry and commerce and taxation authority that the agency institution have accepted in the last year and relevant appendices；

　　6. Description of the enforcement of the insurance agency institution‘s agency contract in the last 2 years；

　　7. Materials of application for qualification of the main person-in-charge to be appointed；

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/