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

ry conversation and shall not intentionally evade， delay or hinder inspection.

　　Article 117

　　Where an insurance agency institution or any of its branches falls into one of the following circumstances， the CIRC may list it as the key object for inspection：

　　1. Abnormal changes in business or finance；

　　2. Failure to timely submit reports， statements or providing of false reports， statements， documents and materials；

　　3. It has engaged in serious illegal and regulation-violating activities or has received administrative penalties from the CIRC；

　　4. Other circumstances where the CIRC deems it necessary to conduct key inspections.

　　Article 118

　　During on-site inspection， the inspectors of the CIRC shall strictly abide by relevant laws of the State and administrative regulations and rules of the CIRC with regard to on-site inspection and shall not divulge the commercial information of an insurance agency institution and its branches known during on-site inspection.

　　Article 119

　　Where an insurance agency institution or its branches have the belief that the inspectors violate laws， administrative regulations and relevant stipulations of the CIRC， they may report or complain to the CIRC.

　　Any insurance agency institution and its branches have the right to apply for administrativ

e reconsideration or start administrative proceedings against the administrative measures of the CIRC.

　　Article 120

　　The CIRC may authorize intermediaries including accounting firms to inspect an insurance agency institution and its branches. The authorization shall be　in the writing form.

　　The CIRC shall inform the insurance agency institution and its branches of such authorization.

　　Chapter 7 Legal Liability

　　Article 121

　　Where any of senior management personnel or business personnel of an insurance agency institution or any of its branches are found， after leaving such insurance agency institution or branch， to have violated relevant regulations on insurance supervision and administration during his service at such institution or branch， he shall be held responsible in accordance with the law.

　　Article 122

　　Where an insurance agency institution is illegally engaged in insurance agency business without obtaining the License， the CIRC shall dissolve it. If a crime is constituted， it shall be investigated for criminal liability in accordance with the law. If no crime is constituted， the CIRC shall confiscate its illegal gains and impose a fine of 1 to 5 times the amount of the illegal gains upon it. Where there are no illegal gains or illegal gains are less than RMB 100，000， it shall be given a fine of RMB 100，000 to 500，000.

　　Article 123

　　Where an insurance agency institution is established by unrighteous means including deception and bribery， the CIRC shall revoke it in accordance with the law and give a warning to any investor who provides false materials and impose a fine of RMB 30，000. The investor concerned shall not apply for establishing an insurance agency institution again within 3 years.

　　Article 124

　　Where an insurance agency institution or any of its branches applies for administrative permission by concealing relevant information or providing false materials， the CIRC shall reject or disapprove its application and give it a warning.

　　Article 125

　　Where an insurance agency institution or any of its branches has obtained the administrative permission of the CIRC by unrighteous means including deception and bribery， the CIRC shall cancel the decision of permission in accordance with the law， give a warning to it and impose a fine of not more than RMB 30，000 upon it. Where cancellation of the decision on permission has no practical implications or inexecutable due to objective reasons， it shall be fined RMB 30，000.

　　Article 126

　　Where an applicant applies for the Qualification Certificate by concealing relevant information or providing false materials， the CIRC shall reject the application or not issue the Qualification Certificate and give him a warning. Such applicant shall not apply to the CIRC for the Qualification Certificate again within 1 year.

　　Article 127

　　Where a Qualification Certificate holder has obtained the Qualification Certificate by unrighteous means including deception and bribery， the CIRC shall cancel the Qualification Certificate in accordance with the law and give him a warning. Such certificate holder shall not apply to the CIRC for the Qualification Certificate again within 3 years.

　　Article 128

　　Where an insurance agency institution falls into one of the following circumstances， the CIRC shall order it to make correction and impose a fine of RMB 30，000 upon it. The senior management personnel directly in charge of the insurance agency institution and persons directly responsible shall be given a warning and a fine of RMB 10，000 to 30，000：

　　1. Division or merger without approval；

　　2. Change of organizational form， registered capital or capital contribution without approval.

　　Article 129

　　Where an insurance agency institution falls into one of the following circumstances， the CIRC

shall order it to make correction and impose a fine of RMB 50，000 to 300，000 upon it. Where the circumstances are serious， the CIRC may restrict its business scope or order it to stop accepting new business. The senior management personnel directly in charge of the insurance agency institution and persons directly responsible shall be given a warning and a fine of RMB 10，000 to 30，000：

　　1. Failure to pay guarantee funds according to relevant stipulations；

　　2. Use of guarantee funds without approval.

　　Article 130

　　Where an insurance agency institution or any of its branches falls into one of the following circumstances， the CIRC shall order it to make correction and impose a fine of RMB 30，000 upon it. The senior management personnel directly in charge of the insurance agency institution and persons directly responsible shall be given a warning and fined not less than RMB 10，000 but not more than RMB 30，000：

　　1. Establishment of a branch without approval；

　　2. Appointment of senior management personnel without approval.

　　Article 131

　　Where an insurance agency or any of its branches falls into one of the following circumstances， the CIRC shall order it to make correction and impose a fine of RMB 20，000 upon it. Where there are no illegal gains， it shall be fined RMB 10，000. The senior management personnel directly in charge of the insurance agency institution and persons directly responsible shall be given a warning and a fine of RMB 5，000：

　　1. Forge， alter， rent， lend or transfer the License；

　　2. Use of expired or invalid License.

　　Article 132

　　Where an insurance agency institution or any of its branches or business personnel falls into any of the following circumstances set forth in Article 101 hereof， the CIRC shall order it or him to make correction and impose a fine of RMB 50，000 to 300，000. Where the circumstances are serious， the License shall be revoked. The senior management personnel directly in charge of the insurance agency institution and persons directly responsible shall be given a warning and a fine of not more than RMB 30，000.

　　Article 133

　　Where an insurance agency institution or any of its branches does insurance agency business with institutions or individuals illegally engaging in insurance business or insurance intermediary business， the CIRC shall give it a warning and impose a fine of RMB 30，000 upon it. Where there are no illegal gains or illegal gains are less than RMB 10，000， it shall given a fine of RMB 20，000.

　　Article 134

　　Where an insurance agency institution or any of its branches fails to deliver various documents and materials provided by a principal insurance company or produced with the authorization of the principal insurance company and the undelivered premiums collected to the principal insurance company after an agency relation is terminated， the CIRC shall order it to make correction， give it a warning and impose a fine of RMB 5，000 to 20，000 upon it.

　　Article 135

　　Where an insurance agency institution or any of its branches or business personnel falls into one of the following circumstances set forth in Article 102 hereof， the CIIRC shall order it or him to make correction and impose a fine of not less than RMB 10，000 but not more than RMB 30，000 upon it or him. The senior management personnel directly in charge of the insurance agency institution and persons directly responsible shall be given a warning and a fine RMB 10，000.

　　Article 136

　　Where an insurance agency institution or any of its branches issues or uses important business vouchers including invoices， receipts and insurance documents that do not comply with facts， the CIRC shall order it to make correction， give it a warning and impose a fine of not more than RMB 30，000 upon it.

　　Article 137

　　Where an insurance agency institution or

any of its branches settles a claim on false grounds， the CIRC shall order it to make correction， give it a warning and impose a fine of RMB 30，000 upon it. Where there are no illegal gains， it shall be given a fine of RMB 20，000.

　　Article 138

　　Where an insurance agency institution or any of its branches falls into one of the following circumstances， the CIRC shall order it to make

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