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

correction， give it a warning and impose a fine of not more than RMB 10，000 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 5，000：

　　1. Failure to create special accounting books or business files according to relevant stipulations；

　　2. Failure to open independent account for of premiums collected；

　　3. Direct deduction of agency handling charges from premiums collected；

　　4. Accept the entrustment of insurance applicants， the insured or beneficiaries to receive insurance benefits；

　　5. Making external investment or providing external guarantee in violation of relevant stipulations；

　　6. Entering into insurance contract on behalf of the parties concerned.

　　Article 139

　　Where an insurance agency institution or any of its branches operates beyond agency scope and impair lawful rights and interests of principal insurance companies， the CIRC shall give it a warning and impose a fine of not more than RMB 30，000 upon it.

　　Article 140

　　Where an insurance agency institution or any of its branches fails to submit relevant reports， statements， documents or materials in accordance with these Rules， the CIRC shall order it to make correction. Where it fails to make correction within the prescribed time limit， it shall be given a fine of RMB 10，000 to 100，000. 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.

　　Article 141

　　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 100，000 to 500，000 upon it. Where the circumstances are serious， the CIRC shall impose punishment upon it according to laws and administrative regulations. The senior management personnel directly in charge of the insurance agency institution or branch and persons directly responsible shall be given a warning and a fine of not more than RMB 30，000：

　　1. Provide false reports， statements， documents or materials；

　　2. Reject or hamper inspection and supervision specified by law.

　　Article 142

　　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 30，000 upon it. The senior management personnel directly in charge of the insurance agency institution or branch and persons directly responsible shall be given a warning and a fine of RMB 5，000：

　　1. Fail to pay regulation fee in accordance with relevant stipulations；

　　2. Fail to submit liquidation report in accordance with these Rules at the time of liquidation or the liquidation report intentionally conceals major facts or contains major omissions；

　　3. Refuse to hand back the License and thus violate these Rules.

　　Article 143

　　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， give it a warning and impose a fine of not more than RMB 10，000 upon it：

　　1. Fail to provide training on insurance law and professional knowledge and professional ethics education to business personnel ；

　　2. Fail to manage business files or special accounting books in accordance with relevant stip

ulations；

　　3. The actual term of office of the temporary person in charge exceeds the specified term；

　　4. Fail to go through the procedure for the registration of License alterations in accordance with relevant stipulations ；

　　5. Failure to perform the obligation of disclosure to insurance applicants， the insured and the public in accordance with relevant stipulations；

　　6. Failure to perform the responsibility of managing practice certificates in accordance with relevant stipulations.

　　Article 144

　　Where an insurance company falls into one of the following circumstances， the CIRC shall impose a fine of RMB 10，000 to 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 not less than RMB 10，000 to 30，000：

　　1. Fail to create the register for insurance agency institutions and their branches or accounting books for insurance agency business in accordance with relevant stipulations；

　　2. Fail to train and manage insurance agency institutions and their branches in accordance with relevant stipulations， abet or induce insurance agency institutions or their branches to engage in illegal insurance activities；

　　3. Payg handling fees， commissions or similar expenses for insurance agency to an agency institution without the License；

　　4. Fail to stop and correct the irregularities of insurance agency institutions or their branches in time after finding out such activities；

　　5. Engage in any of the activities set forth in Article 84 hereof.

　　Chapter 8 Supplementary Provisions

　　Article 145

　　As used in these Rules， the term “insurance intermediaries” refers to insurance agency institutions， insurance brokerage institutions， insurance loss adjustment institutions and their branches.

　　As used in these Rules， the term “insurance companies” refers to insurance companies and their branches.

　　Article 146

　　Foreign-invested insurance agency institutions established with the approval of the CIRC shall be governed by these Rules. Where relevant international treaties to which China is a party or the CIRC have other provisions， such provisions shall apply.

　　Article 147

　　Chinese version of materials required by these Rules to be submitted to the CIRC shall prevail and the materials shall be submitted to the CIRC in the format prescribed by the CIRC. The CIRC may require applicants to submit the electronic documents of relevant materials as circumstances demand.

　　Article 148

　　The format of various forms required by these Rules to be submitted shall be formulated by the CIRC.

　　Article 149

　　Except those expressed in year and month， the time limits referred to in these Rules are calculated on the basis of working days and do not include statutory holidays.

　　Article 150

　　The CIRC is responsible for the interpretation and modification of these Rules.

　　Article 151

　　These Rules shall come into effect as of January 1， 2005. Rules on Administration of Insurance Agency Institutions promulgated by the CIRC on November 16， 2001 （CIRC Ordinance [2001] No.4） shall be repealed simultaneously

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