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

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　　Where an insurance agency institution appoints or dismisses any senior management personnel， it shall report to the CIRC in writing within 5 days from the date of decision.

　　Article 75

　　Where an insurance agency institution appoints legal representative， general manager， executive partner or management personnel with the same functions and powers with the aforesaid personnel， it shall make announcement on the newspaper designated by the CIRC within 5 days from the date of decision.

　　Article 76

　　Where a senior manager of an insurance agency institution or any of its branches is suspected of economic crime and sued， the insurance agency shall report to the CIRC in writing within 5 days from the date of suit and within 5 days from the date of settlement.

　　Article 77

　　Where an insurance agency appoints a temporary person in charge under special circumstances， it sh

all report to the CIRC in writing within 5 days from the date of decision on appointment. The term of office of the temporary person in charge shall not exceed 3 months at most.

　　Chapter 4　Insurance Agency Relation Management

　　Article 78

　　An insurance company shall not entrust an agency institution that has not obtained the License to handle insurance business.

　　Where the insurance company entrusts an insurance agency institution or any of its branches to handle insurance business， it shall sign a written agency contract with the insurance agency institution or branch thereof. The authorization under an agency contract shall not exceed the operation zone and business scope of the insurance company.

　　Article 79

　　An insurance company shall pay insurance agency handling charges only to an insurance agency institution or any of its branches that has obtained the License in accordance with the law and in compliance with the stipulations of insurance financial management regime.

　　Any insurance company shall not pay handling fees， commissions or similar expenses of insurance agency to an agency that has not obtained the License.

　　Article 80

　　An insurance company shall establish valid insurance agency business management system and workflow， and create register for insurance agency institutions and their branches and accounting books of insurance agency business.

　　Article 81

　　An insurance company shall supervise the business behaviors of entrusted insurance agency institution and its branches and business personnel and assume liability in accordance with the law for false statement， misleading acts and other acts that harm the interest of the insured during the business course of an insurance agency institution and its branches.

　　Any insurance company shall stop and correct illegal insurance acts of an insurance agency institution and its branches and shall not abet or induce the insurance agency institution or its branches to commit illegal insurance acts.

　　Article 82

　　An insurance company shall provide training on insurance law and professional knowledge and education on professional ethics to the entrusted insurance agency institutions， their branches and business personnel.

　　Where an insurance company entrusts an insurance agency institution or any of its branches to sell new-type life insurance products， it shall provide special presale training to the business personnel of the insurance agency institution or its branches who are to sell new-type life insurance products for no less than 12 hours according to relevant stipulations of the CIRC.

　　Article 83

　　An insurance company may require entrusted insurance agency institutions or their branches to purchase professional liability insurance that matches the scale of their agency business or provide guarantee funds of a certain amount.

　　Article 84

　　An insurance company and its staffs must not engage in the following activities：

　　1. Retain or appropriate insurance premiums in collusion with entrusted insurance agency institutions or their branches or collect rebate from such insurance agency institutions， their benches or staffs；

　　2. Encroach upon， appropriate or obtain insurance indemnities by cheating in collusion with entrusted insurance agency institutions or their branches；

　　3. Collect handling fees， commissions or similar fees when underwriting direct business；

　　4. Pay handling fees， commissions or other illegal interests through entrusted insurance agency institutions or their branches to insurance applicants， the insured， or　entities and individuals that have not obtained the License；

　　5. Utilize insurance agency business to engage in other fraudulent activities .

　　Chapter 5　Operating Rules

　　Article 85

　　To carry out insurance agency busi

ness， an insurance agency institution and its branches shall sign written agency contract with principal insurance companies. Agency contract shall not violate laws， administrative regulations and relevant stipulations of the CIRC.

　　Article 86

　　An insurance agency institution and its branches may operate the following insurance agency business：

　　1. Sell insurance products for the principal；

　　2. Collect premiums for the principal；

　　3. Conduct loss survey and handle claims for relevant insurance business for the principal；

　　4. Other businesses specified by the CIRC.

　　The specific agency authority of an insurance agency insititution and its branches shall be agreed upon in the agency contract within the scope set forth in the preceding paragraph.

　　Article 87

　　Unless otherwise specified by the CIRC， the operation zone of an insurance agency institution shall be the province， autonomous region or municipality directly under the central government where its domicile is located.

　　Article 88

　　The business scope and operation zone of a branch of an insurance agency institution shall not exceed that of the insurance agency institution with which it is affiliated.

　　Article 89

　　Any insurance agency institution and its branches shall not operate insurance agency business beyond the business scope and operation zone of the principal insurance company. Where their insurance agency business involves cross-regional co-insurance， cross-regional underwriting and master policies and the CIRC has different provisions， such provisions shall apply.

　　Article 90

　　An insurance agency institution and its branches shall follow the business flow specified by the principal insurance company and accept the guidance， supervision， examination and verification of the entrusted insurance business by the principal insurance company.

　　Article 91

　　An insurance agency institution and its branches shall open independent account for premiums collected and shall not appropriate the funds in such account or directly deduct handling fees for insurance agency business.

　　An insurance agency institution and its branches shall reflect the premiums collected for different principal insurance companies in detail in accounting records.

　　An insurance agency institution and its branches shall hand in the premiums collected to the principal insurance company within the time limit agreed upon in the agency contract.

　　Article 92

　　During the continuous operation of an insurance agency institution， the number of insurance agency business personnel shall be more than 2 and no less than half of the total employees.

　　Article 93

　　Where an insurance contract contains clauses in respect of liability exemption or exclusions， insurance surrender and other expense deduction， cash value， hesitation period， etc.， the insurance agency institution and its branches concerned shall definitely state such clauses clearly to insurance applicants.

　　Article 94

　　An insurance agency institution and its branches shall prepare standardized client notice. Client notice shall contain the name， domicile， business scope， agency authority， contact information and legal responsibilities of the insurance agency institution and its branches and the name， domicile， contact information and notes to insurance of the principal insurance company.

　　When carrying out business， the business personnel of an insurance agency institution and its branches shall present client notices and indicate the mode and proportion of the handling fees collected to the clients as they require.

　　Article 95

　　An insurance agency institution shall create special accounting books to record the revenue and expenditure of insurance agency business.

　　Article 96

　　An insurance agency

institution and its branches shall create complete and standardized business files that shall contain the following information：

　　1. Name of insurance applicant；

　　2. Name of principal insurance company and type of insurance；

　　3. Time of collection and delivery of premiums to principal insurance company；

　　4. Amount of handling fees for insurance agency and the time of collection thereof；

　　5. Other important business information.

　　Article 97

　　An insurance agency institution and its branches shall satisfy the basic requirements in these Rules with regard to on the management of account for premiums collected of， business file management and business training. Where the principal insurance company has higher requirements on the management of account for premium

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