保险经纪机构管理规定 Rules on Administration of Insurance Brokerage Institutions

保监会令[2004]第15号

颁布日期：20041215 　实施日期：20050101 　颁布单位：保险监督管理委员会

　　Chapter 1 General Provisions

　　Article 1

　　For the purposes of regulating the business behaviors of insurance brokerage institutions and their branches， maintaining fair competition and market order， and promoting the healthy development of insurance industry， these Rules are formulated in accordance with the Insurance Law of the People's Republic of China （hereinafter referred to as the “Insurance Law”） and other relevant laws and administrative regulations.

　　Article 2

　　The establishment of insurance brokerage institutions and their branches within the territory of the People‘s Republic of China shall be subject to approval of the China Insurance Regulatory Commission （hereinafter referred to as “the CIRC”）。

　　Without approval from the CIRC， no entity and individual shall operate or operate in a disguised form insurance broking business within the territory of People‘s Republic of China.

　　Article 3

　　The CIRC shall perform the responsibility of supervision and administration of insurance brokerage institutions and their branches according to the Insurance Law and the authorization of the State Council.

　　Local offices of the CIRC exercise powers and functions within the scope of authorization of the CIRC.

　　Article 4

　　As used in these regulations， the term “insurance broking business” includes both direct insurance broking business and reinsurance broking business.

　　Direct insurance broking refers to the following activities： insurance brokerage institutions sign contract of entrustment with insurance applicants； on behalf of the interest of insurance applicants or the insured， insurance brokerage institutions provide intermediary services for insurance applicants to enter into insurance contracts with insurance companies and accordingly obtain a commission in accordance with agreement.

　　Reinsurance broking refers to the following activities： insurance brokerage institutions sign contract of entrustment with the original insurance company； on behalf of the interests of the original insurance company， insurance brokerage institutions provide intermediary services for the original insurance company to do reinsurance business with reinsurance company and accordingly obtain a commission in accordance with agreement.

　　Article 5

　　As used in these regulations， the term “insurance brokerage institutions” refer to the entities that fulfill the qualification requirements specified by the CIRC， have obtained the license of operating insurance broking business （hereinafter referred to as the “License”） with approval of the CIRC， and engages in insurance broking business.

　　As used in these regulations， the term “insurance brokerage branches” refers to the branch companies and sales offices that are established by the insurance brokerage institution and operate insurance broking business within the scope authorized thereby.

　　Article 6

　　All insurance brokerage institutions and their branches shall abide by laws， administrative regulations and relevant rules of the CIRC and follow the principles of volition， honesty and fair competition.

　　Article 7

　　Where insurance brokerage institutions and their branches have incurred losses upon insurance applicants， the insured or the insurance company because of fault in handling the insurance business， the insurance brokerage institutions and their branches shall bear the responsibility for compensation.

　　Article 8

　　All insurance brokerage institutions and their branches shall submit relevant materials and report true information to the CIRC according to these Rules and be responsible for the truthfulness of the substantial contents of the materials submitted.

　　Chapter 2 Administration of the Organiz

ation

　　Section 1 Establishment

　　Article 9

　　An insurance brokerage institution may take one of the following organizational forms：

　　1. Partnership；

　　2. Limited liability company；

　　3. Joint stock limited company.

　　Article 10

　　The following qualification requirements shall be fulfilled to establish an insurance brokerage institution：

　　1. Registered capital or capital contribution reaches the minimum amount specified herein；

　　2. The articles of association of the company or partnership agreement complies with the stipulations of laws；

　　3. Senior management personnel fulfill the qualification requirements specified herein；

　　4. The number of employees holding Qualification Certificate of Insurance Brokerage Practitioners （hereinafter referred to as “Qualification Certificate”） exceeds 2 and is not less than half of total employees；

　　5. Sound and complete organizational structure and management system are in place；

　　6. Fixed domicile or business premises that matches its business scale；

　　7. Computer software and hardware facilities that match the business operation；

　　Article 11

　　Where an insurance brokerage institution is established in the form of partnership or limited liability company， its registered capital or capital contribution shall not be less than RMB 5，000，000. Where it is established in the form of joint stock limited company， its registered capital shall not be less than RMB10， 000，000.

　　Article 12

　　An entity or individual that is forbidden by laws and administrative regulations to invest in enterprises shall not become the promoter， shareholder or partner of an insurance broker.

　　Article 13

　　The name of an insurance brokerage institution and its branches shall contain the word “insurance brokerage” and shall not be the same with that of existing insurance intermediaries.

　　Article 14

　　In apply for the establishment of an insurance brokerage institution， all shareholders， all promoters or all partners shall designate a representative or jointly authorize an agent to handle application matters with the CIRC.

　　Article 15

　　For the application for the establishment of an insurance brokerage institution， the following materials shall be submitted in duplicate to the CIRC：

　　1. “Application Form for Establishment of Insurance Brokerage Institution” signed by all shareholders， all promoters or partners；

　　2. “A Power of Attorney Regarding Application for Establishment of Insurance Brokerage Institution”；

　　3. Articles of association of the company or partnership agreement；

　　4. Photocopies of identity certificates and resumes of natural-person shareholders， promoters or partners， photocopies of business licenses of non-natural-person shareholders or promoters and their financial statements of the last year and such statements shall be stamped with the seal of finance；

　　5. Capital verification certificate issued by a capital verification organization with statutory qualification and the photocopy of the original bank receipt voucher evidencing payment of the capital；

　　6. Feasibility report， including analysis of market conditions and business development plan for the next 3 years；

　　7. Photocopy of notice of preliminary approval of enterprise‘s name；

　　8. Internal management regime， including organizational setup， decision-making procedure， business， finance and personnel system， etc.；

　　9. Business service standards；

　　10. Materials of application for qualification of intended senior management personnel and photocopies of Qualification Certificates of business personnel；

　　11. Certification document of domicile or business premises；

　　12. Description of computer software and hardware facilities.

　　Arti

cle 16

　　After receipt of application materials， the CIRC may call investors together to indicate to them investment risks and conduct interviews concerning application for the establishment， make inquiries and learn about market development strategy， business development plan， internal control system and relevant matters of the institution to be established.

　　Article 17

　　The CIRC shall make a preliminary examination of the application within 20 days from the date of accepting the application for the establishment of an insurance brokerage institution， and make the decision as to whether or not to approve within 40 days from the date of accepting the application. Where it decides not to approve the establishment， it shall provide the applicant with a written notice and state reasons therefore.

　　The CIRC may organize on-site checking and acceptance inspection according to actual demand.

　　Article 18

　　An insurance brokerage institution may set up 3 branches within 1 year after its establishment in the province， the autonomous region or the municipality directly under the central government of its domicile. Whichever applies for the establishment of an insurance brokerage branch shall fulfill the following requirements：

　　1. No serious illegal or regulation-violating activities within 1 year before application；

　　2. Sound internal control system；

　　3. The intended person-in-charge to be appointed shall fulfill the qualifications specified herein；

　　4. Existing branches of the insurance brokerage institution operate normally；

　　5. Registered capital or capital contribution meets the requirements specified herein；

　　Article 19

　　Where an

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