保险代理机构管理规定 Rules on Administration of Insurance Agency Institutions
2009-03-24 法律英语 来源：互联网 作者： ℃3. Change of shareholders or investors；
4. Change of the names of promoters， shareholders or investors.
Article 37
Where a branch of an insurance agency institution makes the following alterations， 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 business premi
ses.
Article 38
Where an insurance agency institution makes the following alterations， it shall report to the CIRC in writing within 5 days from the date when relevant resolution or decision is made and submit relevant resolution or decision， amended articles of association or partnership agreement to the CIRC：
1. Change of equity structure or proportion of capital contribution；
2. Amendment of the articles of association or partnership agreement.
Article 39
Where the alteration of an insurance agency institution and its branches involves a change in the content of the License， the original License shall be returned for a new one.
Where the alteration mentioned in the preceding paragraph is subject to the approval of the CIRC， the insurance agency institution and its branches shall obtain a new License from the CIRC within 2 months from the date when the approval decision is made. Where the alteration mentioned in the preceding paragraph is not subject to the approval of the CIRC， the insurance agency institution and its branches shall obtain a new License from the CIRC within 1 month from the date of alteration of industrial and commercial registration.
Article 40
Where an insurance agency institution dissolves a branch， it shall report to the CIRC in writing within 5 days from the date when relevant resolution or decision is made and return the License of the dissolved branch and make announcements on the newspapers designated by the CIRC.
Article 41
Where an insurance agency institution or any of its branches makes the following alterations， it shall make announcements on the newspaper designated by the CIRC within 5 days from the date when the alteration decision is made：
1. Change of name；
2. Change of domicile or business premises.
Article 42
Approval by the CIRC must be obtained in accordance with these Rules for the establishment of a new insurance agency institution as a result of merger or split. The dissolution of an insurance agency institution as a result of merger or split shall be reported to the CIRC. Alterations of an insurance agency due to the merger or split is subject to approval from the CIRC or shall be reported to the CIRC in accordance with these Rules.
Article 43
Where an insurance agency institution falls into one of the following circumstances， the CIRC shall cancel the License in accordance with the law and make announcements：
1. The validity period of the license expires and no renewal has been applied for；
2. The validity period of the license expires and the CIRC， in accordance with laws， does not renew the license；
3. The business license is revoked by the administrative department of industry and commerce in accordance with the law；
4. Having not conducted insurance agency business for 6 consecutive months；
5. The license is withdrawn or revoked in accordance with the law；
6. The insurance agency institution is dissolved， closed down or declared bankrupt in accordance with the law；
7. Other circumstances specified by laws and administrative regulations where the License of the insurance agency institution shall be cancelled.
The insurance agency institution whose License is cancelled according to the preceding paragraph shall set up a liquidation committee in accordance with the law， organize liquidation in accordance with legal formalities and submit liquidation report to the CIRC.
Article 44
Where a branch of an insurance agency institution falls into one of the following circumstances， the CIRC shall cancel the License of the branch in accordance with the law and make announcements：
1. The License of the insurance agency institution with which the branch is affiliated is cancelled in accordance with the law；
> 2. Its business license is revoked by the administration of industry and commerce in accordance with the law；
3. Having not conducted insurance agency business for 6 consecutive months；
4. The License is withdrawn or revoked in accordance with the law；
5. Other circumstances specified by laws and administrative regulations where the license shall be cancelled.
Chapter 3 Qualification Administration
Section 1 Administration of Insurance Agency Practitioner Qualification and Practice Certificates
Article 45
“Insurance agency business personnel” in these Rules refers to the personnel of insurance agency institution and their branches engaged in the sales of insurance products or relevant loss survey and claim settlement.
Insurance agencybusiness personnel shall pass the qualification test for insurance agency practitioners organized by the CIRC and obtain the Qualification Certificate.
Article 46
A person who takes the qualification test for insurance agency practitioners shall have a junior high school diploma or above.
Article 47
A person who enters for the qualification test for insurance agency practitioners shall submit the following materials：
1. Registration Form of Qualification Test for Insurance Agency Practitioners；
2. Photocopy of identity certificate；
3. Photocopy of academic credential；
4. Three recent small-size 2“ bareheaded， full-face color photos.
Article 48
The CIRC shall issue the Qualification Certificate to those who pass the qualification test for insurance agency practitioners and fulfill the following requirements：
1. Full civil capacity；
2. Moral integrity.
Article 49
The Qualification Certificate shall not be issued to the person who falls into one of the following circumstances.
1. Having received a sentence for intentional crime and it has been less than 5 years since the completion of the sentence；
2. Having received an administrative penalty for dishonest activities such as fraud and it has been less than 3 years since the imposition of penalty；
3. Prohibited by a financial regulatory authority from entering the industry in a certain period of time and such period has not expired.
Article 50
Where a person taking the qualification test for insurance agency practitioners falls into one of the following circumstances， the result of test shall be invalid and the person shall be prohibited from taking the test within 2 years：
1. Providing false information for entrance of the test；
2. Violating rules of the test；
3. Other cheating acts.
Article 51
The validity period of the Qualification Certificate shall be 3 years from the date of issuance. A holder of the Qualification Certificate shall apply to the CIRC for renewal 30 days before the expiration of the validity period thereof.
Article 52
To apply for the renewal of the Qualification Certificate， a holder shall fulfill the following requirements：
1. Having received at least 60 hours of education on insurance knowledge and 30 hours on insurance laws and professional ethics every year in the last 3 years；
2. The holder has not received criminal or administrative penalties for fraud and serious violation of finance and insurance laws and regulations；
3. No intentional default on individual debt of a big amount.
Article 53
To apply for the renewal of the Qualification Certificate， a holder shall submit the following materials：
1. Application Form of Renewal of Qualification Certificate for Insurance Agency Practitioners；
2. Relevant certificates of engagement in relevant insurance business or continuing education in the previous 3 years.
Ar
ticle 54
After a holder applies for the renewal of the Qualification Certificate， the CIRC shall make a decision as to whether or not to approve the renewal before the expiration of the Qualification Certificate. Where it decides not to renew the license， it shall state reasons in writing.
Article 55
In case of loss of the Qualification Certificate， the holder shall apply to the original issuer of the Certificate for reissuance.
Article 56
An insurance agency institution shall issue practice certificates to its insurance agency business personnel. Practice certificates can only be issued to the personnel who hold the Qualification Certificate and do not fall into any of the circumstances specified in Article 49 hereof.
Practice certificate is the certification for insurance agency business personnel to conduct insurance agency activities on behalf of insurance agency institution.
When conducting insurance agency business， insurance agency business personnel shall take the initiative to present the Qualification Certificate and practice certificate to clients.
Article 57
A practice certificate shall contain the following information：
1. Name of the business personne
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