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

　　8. Certification document of business premises；

　　9. Description of computer software and hardware.

　　Where an increase of registered capital or capital contribution is required， the capital verification certificate issued by a capital verification organization with statutory qualification and the photocopy of the original bank receipt voucher evidencing payment of capital shall also be submitted.

　　Article 18

　　The CIRC shall examine the application for establishment of an insurance agency institution or its branch in accordance with the law and， within 20 days from the date of accepting the application，　make a decision as to whether or not to approve the establishment. Where it decides not to approve the establishment， it shall notify the applicant in writing and state reasons therefor.

　　The CIRC may conduct an on-site checking and acceptance inspection according to its actual needs.

　　Article 19

　　Where the CIRC decides to approve the establishment of an insurance agency institution or a branch of an insurance agency institution， it shall issue a license to the applicant.

　　After receipt of the license， the applicant shall go through procedures of industrial and commercial registration according to relevant regulations and may commence business only after receiving a business license.

　　Article 20

　　Any insurance agency institution and its branches established in accordance with the law shall make announcements on the newspapers designated by the CIRC within 10 days from the date of business commencement.

　　Article 21

　　An insurance agency institution shall deposit guarantee funds or purchase professional liability insurance.

　　Where an insurance agency institution chooses to deposit guarantee funds， it shall deposit 20% of its registered capital or capital contribution as guarantee funds within 20 days after industrial and commercial registration.

　　Where an insurance agency institution increases registered capital or capital contribution， it shall correspondingly increase the amount of guarantee funds.

　　Article 22

　　The guarantee funds of an insurance agency ins

titution shall be in the form of bank deposit or other forms recognized by the CIRC.

　　Guarantee funds in the form of bank deposit shall be put in a special account with a commercial bank operating nationwide. The deposit agreement shall contain the following provision： “Without the CIRC's written approval， no insurance agency institution shall use or dispose of guarantee funds. Where the bank fails to perform the obligation of examination， it shall bear a joint liability for the debt of the insurance agency institution within the limit of guarantee funds used.”

　　Article 23

　　An insurance agency institution shall submit a photocopy of the deposit agreement of guarantee funds to the CIRC within 10 days from the date of the deposit of guarantee funds into the special account opened with a commercial bank.

　　Before January 31 of each year， an insurance agency institution shall submit to the CIRC a special report on the management of its guarantee funds of the last year.

　　Article 24

　　An insurance agency institution shall not use guarantee funds， except in one of the following circumstances：

　　1. Reduction of registered capital or capital contribution；

　　2. Entry into liquidation procedure in accordance with these Rules.

　　Article 25

　　Where an insurance agency institution applies for using guarantee funds due to reduction of registered capital or capital contribution， the following materials shall be submitted to the CIRC：

　　1. Application letter；

　　2. Materials certifying alteration of industrial and commercial registration concerning the reduction of registered capital or capital contribution.

　　Article 26

　　Where an insurance agency institution enters into liquidation procedure according to these Rules and applies for using guarantee funds， the liquidation committee shall submit the following materials to the CIRC：

　　1. Application letter；

　　2. Liquidation plan；

　　3. Certification of the recovery of various documents issued by the principal insurance company；

　　4. The original license.

　　Where an insurance agency institution is dissolved， the resolution of the shareholders‘ meeting or meeting of all partners for dissolution and liquidation matters shall also be submitted. Where an insurance agency institution is declared bankrupt in accordance with the law， relevant documents shall also be submitted.

　　Article 27

　　The License shall be placed at a conspicuous place in the business premises.

　　Article 28

　　The validity period of the license of an insurance agency institution is 2 years. The insurance agency shall apply to the CIRC for renewal 30 days before the expiration. To apply for the renewal of the license， the insurance agency shall submit the following materials：

　　1. Application letter；

　　2. The original license；

　　3. Audit report for the previous fiscal year issued by an accounting firm；

　　4. Balance sheet and profit statement by the end of the month before application；

　　5. Description of the insurance agency institution‘s compliance with insurance regulatory laws and regulations in the last 2 years；

　　6. Description of supervision and inspection of insurance regulatory authority， industrial and commercial administration and tax authority that the insurance agency institution has accepted in the last 2 years and relevant appendices；

　　7. Description of supervision of insurance industrial organizations that the insurance agency institution has accepted in the last 2 years；

　　8. Description of the institution‘s agency contract enforcement in the last 2 years.

　　Article 29

　　The CIRC shall not renew the license of an insurance agency in any of the following circumstances，：

　　1. No business conducted in the 6 consecutive months before the application o

f the renewal of the license；

　　2. Failure to conduct normal operation due to disorderly internal management；

　　3. Senior management personnel and business personnel do not fulfill the requirements specified in these Rules；

　　4. Failure to pay regulation fee in accordance with relevant stipulations.

　　Article 30

　　Where an insurance agency institution applies for the renewal of the License， the CIRC shall conduct comprehensive examination and evaluation of the operating status of the insurance agency institution in the last 2 years before the expiration of the license and make a decision as to whether or not to approve the renewal of the license . Where it decides not to renew the license， it shall state reasons in writing.

　　Article 31

　　No insurance agency institution or its branches shall forge， alter， rent， lend or transfer the license.

　　Section 2 Alteration and Termination

　　Article 32

　　An insurance agency institution shall report to the CIRC for approval of the following alterations：

　　1. Change of registered capital or capital contribution；

　　2. Change of organizational form.

　　Article 33

　　Where an insurance agency institution seeks to change its registered capital or capital contribution， it shall submit the following application materials to the CIRC in duplicate：

　　1. Application Form for Alterations of Insurance Agency Institution；

　　2. Resolution of shareholders‘ meeting or resolution of all partners for the alteration；

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

　　4. Capital verification certificate issued by a capital verification organization with statutory qualification；

　　5. Amended articles of association or partnership agreement；

　　6. Where the insurance agency institution reduces its registered capital or capital contribution， it shall submit the evidence to prove that it has made announcements on newspapers for at least 3 times；

　　7. Other materials specified by the CIRC.

　　Article 34

　　Where an insurance agency applies for the alteration of organizational form， it shall fulfill the requirements for the establishment of a new organizational form and submit the following application materials to the CIRC in duplicate：

　　1. Application Form for Alteration of Insurance Agency Institution；

　　2. Resolution of shareholders‘ meeting or resolution all partners for the alteration ；

　　3. Amended articles of association or partnership agreement；

　　4. Implementation plan；

　　5. Other materials specified by the CIRC.

　　Article 35

　　Within 20 days after accepting the application， the CIRC shall make a decision as to whether or not to approve the alteration of an insurance agency institution . Where it decides not to approve the application， it shall notify the applicant in writing and state reasons therefor.

　　Article 36

　　Where an insurance agency institution falls into one of the following circumstances， it shall report to the CIRC in writing within 5 days from the date of alteration of industrial and commercial registration：

　　1. Change of name；

　　2. Change of domici

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