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： ℃Article 98
An insurance agency institution and its branches shall deliver to a principal insurance company all documents and materials provided by the principal insurance company or printed under the authorization of the principal insurance company and the undelivered premiums collected within 30 days from the date of termination of agency relation.
Article 99
An insurance agency institution and its branches has the obligation to keep confidential the information about the business， property and individual privacy of principal insurance companies， insurance applicants， the insured or beneficiaries known during operation.
Article 100
The external investment and external guarantee of an insurance agency institution shall not violate laws or administrative regulations. Any insurance agency institution shall not make investment by embezzling premiums or insurance benefits.
Where an insurance agency institution makes significant external investment or provides significant external guarantee， it shall obtain the written consent of the board of directors or all partners and report to the CIRC in writing within 10 days from the date of the occurrence of significant external investment or significant external guarantee.
Significant external investment refers to the investment in a lump sum or of an accumulative amount up to 50% of net assets of the insurance agency institution stated in financial statements for the previous fiscal year. Significant external guarantee refers to the investment in a lump sum or of an accumulative amount up to 50% of net assets of the insurance agency institution stated in financial statements for the previous fiscal year.
Article 101
Any insurance agency institution， its branches or its business personnel shall not engage in the following activities of deceiving insurance companies， insurance applicants， the insured or beneficiaries during insurance agency business operation：
1. Concealing important information pertaining to insurance contract；
2. Selling or publicizing insurance products in the institution‘s own name or in the branch’s own name；
3. Preventing insurance applicants from performing the obligation of truthful disclosure or inducing them not to perform the obligation of truthful disclosure；
4. Divulging the information about the business， property and individual privacy of entrusting insurance companies， insurance applicants， the insured or beneficiaries known in the course of business；
5. Embezzling or retaining premiums or insurance benefits；
6. Obtaining insurance benefits by cheating in collusion with insurance applicants， the insured or beneficiaries.
Article 102
Any insurance agency institution， its branches， or its business personnel shall not engage in the following activities of unfair competition during insurance agency business operation：
1. False advertising and publicizing；
> 2. Fabricate and spreading false information and damage the commercial reputation of other insurance intermediaries；
3. Force， induce or limit insurance applicants to enter into an insurance contract or restrict the legitimate operation of other insurance intermediaries by taking advantage of administrative power， advantageous industrial position or occupational convenience and by other unrighteous means；
4. Give or promise to give interests other than those specified in insurance contract to insurance applicants， the insured or beneficiaries；
5. Pursue insurance agency business beyond the business scope and operational zone set forth in the License；
6. Refunding handling fees or doing so in a disguised form to insurance companies and their staffs；
7. Other activities of unfair competition.
Article 103
Any insurance agency institution or its branches shall not have insurance agency business relation with an institution or individual illegally engaging in insurance business or insurance intermediary business.
Article 104
Any insurance agency institution or its branches shall neither enter into an insurance contract in place of an insurance applicant nor accept the entrustment of an insurance applicant， insured or beneficiary to receive insurance benefits.
Article 105
An insurance agency insititution and its branches shall take good care of business files and keep the original evidence and relevant materials of business operation for a period of no less than 10 years from the date of termination of insurance agency relation.
Chapter 6 Supervision and Administration
Article 106
An insurance agency institution and its branches shall submit relevant reports， statements and materials according to relevant stipulations of the CIRC.
Article 107
The statements， reports and materials submitted by an insurance agency institution and its branches shall be timely， accurate and complete， signed by the legal representative， executive partner， main person in charge or the person authorized by the aforesaid persons and stamped with the official seal of the institution or its branch. Electronic data shall meet IT standards specified by the CIRC.
Article 108
An insurance agency institution shall pay regulation fee to the account designated by the CIRC according to relevant stipulations.
Article 109
An insurance agency institution shall submit regulation statements to the CIRC within 10 days after the end of each quarter.
Article 110
An insurance agency institution and its branches shall submit to the CIRC a report on the management of the account for premiums collected of the previous year before January 31 of each year， which shall indicate the basic information of the account， the actual payment and book balance.
Article 111
An insurance agency institution shall employ an accounting firm to audit its finance， legal and regulatory compliance after the end of each fiscal year and submit to the CIRC financial statements including audit report， balance sheet and profit statement within 3 months.
The CIRC may require an insurance agency institution or its branches to submit special external audit report as circumstances demand.
Article 112
The CIRC may have regulatory conversations with the senior management personnel of an insurance agency institution and its branches according to the needs of supervision and administration and require them to account for the important events in their operation.
Article 113
The CIRC conducts on-site inspection of an insurance agency institution and its branches pursuant to law. The CIRC shall issue an inspection notice 5 days in advance to an insurance agency institution or any of its branches to be inspected， and the notice s
hall indicate the time of inspection， name list of inspectors and inspection requirements， etc.
The inspection notice may be sent by fax in advance to an insurance agency institution or any of its branches to be inspected and the original notice shall be presented at the time of inspection. Inspectors shall produce work certificate at the time of inspection.
Where the CIRC deems it necessary， it may directly conduct on-site inspection without prior notice.
Article 114
The on-site inspection of an insurance agency institution and its branches by the CIRC include all or part of the following contents：
1. Whether the procedures of examination and approval for establishment and alteration of the institution or the branch are complete；
2. Whether capital or capital contribution is true and full；
3. Whether guarantee funds are fully drawn or illegally used；
4. Whether business operation complies with laws and regulations；
5. Whether financial position is good；
6. Whether the reports， statements and materials submitted to the CIRC are timely， complete and true；
7. Whether internal control system is complete；
8. Whether the appointment of senior management personnel meets the requirements of these Rules；
9. Whether the responsibilities of management of business personnel in practicing activities are fully performed；
10. Whether public announcement is timely and true；
11. Whether computer facilities are good and whether the information system is operating well；
12. Other matters that the CIRC deems necessary to inspect.
Article 115
Where an insurance agency institution or any of its branch is suspected of seriously violating insurance laws， administrative regulations or these Rules， the CIRC has the right to order it to stop accepting new business or stop part of its business during the period of investigation.
Article 116
An insurance agency institution and its branches shall assist the CIRC in on-site inspection in accordance with the following requirements and shall not reject or hamper the supervision and inspection by the CIRC in accordance with the law：
1. Provide relevant documents and materials according to relevant stipulations and shall not transfer or hide relevant documents and materials；
2. Relevant senior management personnel， financial personnel and business personnel shall be present to provide explanations， answer questions， accept regulato
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