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

l and name and number of the personnel‘s identity certificate；

　　2. Serial number of the Qualification Certificate；

　　3. Serial number of the practice certificate；

　　4. Code of conduct for business personnel；

　　5. Description of responsibilities， powers and functions of the business personnel；

　　6. Insurance products that can be sold on agency basis；

　　7. Name， domicile or business premises of the insurance agency institution or the branch of an insurance agency institution；

　　8. Supervision and report telephone number；

　　9. Validity period of the practice certificate.

　　The practice certificates shall be printed under the supervision of the CIRC.

　　Article 58

　　Where an insurance agency business person falls into any of the following circumstances， the insurance agency institution shall cancel his practice certificate：

　　1. Resignation or dismission；

　　2. Invalid Qualification Certificate；

　　3. Any of the circumstances specified in Article 49 hereof.

　　Article 59

　　Any insurance agency institution and its branches shall train and educate their business personnel in respect of insurance laws， professional knowledge and professional ethics. The training and education courses shall meet relevant standards of the CIRC.

　　Insurance agency business personnel shall accept training of no less than 80 hours before practising agency business. After practice commencement， each person shall accept training and education of no less than 36 hours each year， including legal knowledge training and professional ethics education of no less than 12 hours.

　　Article 60

　　An insurance agency institution shall submit to the CIRC an annual report on training of business personnel before January 31 of each year. The report shall contain the following：

　　1. Content， format and time of training on insurance law and professional knowledge， and professional ethics education for insurance agency business personnel in the last year；

　　2. Training plan for the current year.

　　Article 61

　　An insurance agency institution and its branches shall create files for administration of insurance agency business personnel to reflect their practition of insurance agency business all-roundedly.

　　Article 62

　　Where other governmental regulatory department imposes administrative penalty or an insurance industry organization impose sanctions on any of insurance agency business personnel， the insurance agency institution concerned shall report to the CIRC in writing within 5 days from the date of knowing such fact.

　　Section 2　Qualification Administration of Senior Management Personnel

　　Article 63

　　The senior management personnel of an insurance agency institution or any of its branches shall fulfill the qualifications specified hereof.

　　The qualifications of the senior management personnel appointed by an insurance agency institution shall be reported to the CIRC for confirmation.

　　Article 64

　　As used in these Rules， the term “the senior management personnel of an insurance agency institution or any of its branches” refers to the following personnel：

　　1. The legal representative， general manager， deputy general manager（s） of an insurance agency institution adopting the company system or management personnel with the same functions and powers；

　　2. The executive partner of an insurance agency institution adopting the partnership system or management personnel with the same functions and powers；

　　3. Main persons in charge of branches of an insurance agency.

　　Article 65

　　The senior management personnel of an insurance agency institution or any of its branches shall fulfill the following requirements：

　　1. A junior college diploma or above；

　　2. Holding Qualification Certificate；

　　3. Minimum 2 years‘ experience in economic sector；

　　4. Moral integrity.

　　A person with over 10 years‘ experience in finance and insurance may not be restricted by item 1 of the preceding paragraph.

　　A person with over 3 years‘ experience in enterprise management may not be restricted by item 2 of the preceding paragraph.

　　Article 66

　　Whoever falls into any of the following circumstances shall not hold a senior management position in an insurance agency institution or any of its branches：

　　1. No civil capacity or restricted civil capacity；

　　2. Having received a sentence for committing the crimes of corruption， bribery， encroachment upon property， appropriation of property or disruption of social economic order and it has been less than 5 years since the completion of the sentence； or has been deprived of political rights for committing crimes and it has been less than 5 years since the expiration of the execution；

　　3. The person held a senior management position in a company or enterprise that went bankrupt and entered into liquidation because of poor management or revocation of business license as a result of violation of law， assumed personal responsibility or direct leader's responsibility therefore， and it has been less than 3 years since the completion of the liquidation of the company or enterprise；

　　4. The person held a senior management position in an insurance company or insurance intermediary whose License was revoked as a result of violation of law， assumed personal responsibility or direct leader's responsibility therefor and it has been less than 3 years since the revocation of the License；

　　5. The person has large amounts of outstanding personal debts that are due；

　　6. The person was forbidden by a financial regulatory authority to hold a senior management position in financial institutions within a certain period of time and such period has not expired；

　　7. The person is under the investigation by judicial authority， discipline inspection and supervision department or the CIRC；

　　8. The person received an administrative penalty imposed by the CIRC for deceiving insurance companies， policy holders， the insured or beneficiaries and it has been less than 5 years since the imposition of the penalty；

　　9. Other circumstances specified by the CIRC where a person is disqualified for holding a senior management position.

　　Article 67

　　Senior management personnel of an insurance agency institution or its branches shall not concurrently hold a position at an insurance company， another insurance agency i

nstitution， insurance brokerage institution or an institution that has potential conflict of interests with such insurance agency institution or branch.

　　Article 68

　　To appoint senior management personnel， an insurance agency institution shall institution submit the following application materials in duplicate to the CIRC：

　　1. Application Form of Qualification for Senior Management Personnel of Insurance Agency Institutions；

　　2. The decision on appointing senior management personnel；

　　3. Photocopies of identity certificate and diploma of the senior management personnel to be appointed；

　　4. Photocopy of the Qualification Certificate and materials certifying relevant work experience.

　　Article 69

　　The CIRC shall make a decision as to whether or not to confirm the qualification of senior management personnel of an insurance agency institution or any of its branches within 20 days after accepting the application. Where it decides not to confirm the qualification， it shall give written notice to the applicant and state reasons therefor.

　　Article 70

　　Where senior management personnel to be appointed fall into any of the following circumstances， the insurance agency institution or the branch concerned shall submit materials for explanation. Where it provides false materials， conceals the fact， or does not submit the materials， the CIRC shall not approve the qualification of such candidate：

　　1. The candidate was once subject to criminal penalty；

　　2. The candidate was once investigated by judicial authority， discipline inspection or supervision department；

　　3. The candidate once received the administrative penalty imposed by financial and insurance supervision organs；

　　4. The candidate once received the sanction imposed by an insurance industry organization；

　　5. The candidate once committed dishonest acts including intentional nonfulfillment of due obligations of a high amount；

　　6. The candidate was once dismissed or removed from office by his employer；

　　7. The candidate once assumed personal responsibility or direct leader's responsibility for serious work mistakes or economic cases；

　　8. The candidate is still working at an insurance company or other insurance intermediary at the time of application.

　　Article 71

　　The CIRC may interview the intended senior management personnel of an insurance agency institution and its branches and make relevant announcement.

　　Article 72

　　In case of internal transfer of senior management personnel of an insurance agency institution and its branches at the same level or from a high level to a low level， no confirmation of qualification is required.

　　Article 73

　　Where an insurance agency institution decides to remove a senior manager from office or agrees to his resignation， his qualification shall automatically become invalid from the date of decision.

　　Article 74<

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