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

llowing circumstances.

　　1. Having received a sentence for intentional crime and it has been less than 5 years since the completion of the sentence；

　　2. Having received an administrative penalty for dishonest activities such as fraud and it has been less than 3 years since the imposition of penalty；

　　3. Prohibited by a financial regulatory authority from entering the industry in a certain period of time and such period has not expired.

　　Article 54

　　Where a person taking the qualification test for insurance brokerage practitioners falls into one of the following circumstances， the result of test shall be invalid and the person shall be prohibited from taking the test within 2 years：

　　1. Providing false information for entrance of the test；

　　2. Violating rules of the test；

　　3. Other cheating acts.

　　Article 55

　　The validity period of the Qualification Certificate shall be 3 years from the date of issuance. A holder of the Qualification Certificate shall apply to the CIRC for renewal 30 days before the expiration of the validity period thereof.

　　Article 56

　　To apply for the renewal of the Qualification Certificate， a holder shall fulfill the following requirements：

　　1. Having received at least 60 hours of education on insurance knowledge and 30 hours on insurance laws and professional ethics every year in the last 3 years；

　　2. The holder has not received criminal or administrative penalties for fraud and serious violation of finance and insurance laws and regulations；

　　3. No intentional default on individual debt of a big amount.

　　Article 57

　　To apply for the renewal of the Qualification Certificate， a holder shall submit the following materials：

　　1. Application Form of Renewal of Qualification Certificate for Insurance Brokerage Practitioners；

　　2. Relevant certificates of engagement in relevant insurance business or continuing education in the previous 3 years.

　　Article 58

　　After a holder applies for the renewal of the Qualification Certificate， the CIRC shall make a decision as to whether or not to approve the renewal before the expiration of the Qualification Certificate. Where it decides not to renew the license， it shall state reasons in writing.

　　Article 59

　　In case of loss of the Qualification Certificate， the holder shall apply to the original issuer of the Certificate for reissuance.

　　Article 60

　　An insurance brokerage institution shall issue practice certificate to its insurance broking business personnel. It may issue practic

e certificates only to its personnel who hold the Qualification Certificate and do not fall into any of the circumstances set forth in Article 53 hereof.

　　Practice certificate is the certification for insurance broking business personnel to conduct insurance broking activities on behalf of insurance brokerage institutions.

　　When conducting insurance broking business， insurance broking business personnel shall take the initiative to present the Qualification Certificate and practice certificate to clients.

　　Article 61

　　A practice certificate shall contain the following information：

　　1. Name of the business personnel and name and number of the personnel‘s identity certificate；

　　2. Serial number of the Qualification Certificate；

　　3. Serial number of the practice certificate；

　　4. Code of conduct for business personnel；

　　5. Description of responsibilities， powers and functions of the business personnel；

　　6. Name， domicile or business premises of the insurance agency institution or the branch of an insurance agency institution；

　　7. Supervision and report telephone number；

　　8. Validity period of the practice certificate.

　　The practice certificate shall be printed under the supervision of the CIRC.

　　Article 62

　　Where any of insurance broking business personnel falls into one of the following circumstances， the insurance brokerage institution shall cancel his practice certificate：

　　1. Resignation or dismission；

　　2. Invalid Qualification Certificate；

　　3.　Any of the circumstances specified in Article 53 hereof.

　　Article 63

　　An insurance brokerage institution and its branches shall train and educate their business personnel in respect of insurance laws， professional knowledge and professional ethics. The training and education courses shall meet relevant standards of the CIRC.

　　Insurance broking business personnel shall accept training of no less than 80 hours before practicing broking business. After practice commencement， each person shall accept training and education of no less than 36 hours each year， including legal knowledge training and professional ethics education of no less than 12 hours.

　　Article 64

　　An insurance brokerage institution shall submit to the CIRC an annual report on training of business personnel before January 31 of each year. The report shall contain the following information：

　　1. The content， format and time of insurance law and professional knowledge training and professional ethics education for insurance broking business personnel in the last year；

　　2. Training plan for the current year.

　　Article 65

　　An insurance brokerage institution and its branches shall create management files for administration of insurance broking business personnel to reflect their practice of insurance broking business all-roundedly.

　　Article 66

　　Where other governmental regulatory department imposes administrative penalties or an insurance industry organization impose sanctions on any of insurance broking business personnel， the insurance brokerage institution or the branch concerned shall report to the CIRC in writing within 5 days from the date of knowing such fact.

　　Section 2 Qualification Administration of Senior Management Personnel

　　Article 67

　　The senior management personnel of an insurance brokerage institution or any of its branches shall fulfill the qualification requirements specified herein.

　　The qualifications of the senior management personnel appointed by an insurance brokerage institution shall be reported to the CIRC for confirmation.

　　Article 68

　　As used in these Rules， the “senior management personnel of an insurance brokerage institution or any of its branches” refers to the following personnel：

　　1. The legal representative， general manager， deputy general manager（s） of an insurance brokerage institution adopting company system or management personnel with the same functions and powers；

　　2. The executive partner of an insurance brokerage institution adopting partnership system or management personnel with the same functions and powers；

　　3. Main persons in charge of branches of an insurance brokerage institution.

　　Article 69

　　The senior management personnel of an insurance brokerage institution or any of its branches shall fulfill the following requirements：

　　1. A junior college diploma or above；

　　2. Holding Qualification Certificate；

　　3. Minimum 2 years‘ experience in economic sector；

　　4. Moral integrity.

　　A person with over 10 years‘ experience in finance and insurance shall not be restricted by item 1 of the first preceding paragraph.

　　A person with over 3 years‘ experience in enterprise management shall not be restricted by item 2 of the second preceding paragraph.

　　Article 70

　　Whoever falls into one of the following circumstances shall not hold a senior management position of an insurance brokerage institution or any of its branches：

　　1. No civil capacity or restricted civil capacity；

　　2. Having received a sentence for committing the crimes of corruption， bribery， encroachment upon property， appropriation of property or disruption of social economic order and it has been less than 5 years since the completion of the sentence； or has been deprived of political rights for committing crimes and it has been less than 5 years since the expiration of the execution；

　　3. The person held a senior management position in a company or enterprise that went bankrupt and entered into liquidation because of poor management or revocation of business license as a result of violation of law， assumed personal responsibility or direct leader's responsibility therefore， and it has been less than 3 years since the completion of the liquidation of the company or enterprise；

　　4. The person held a senior management position in an insurance company or insurance intermediary whose License was revoked as a result of violation of law， assumed personal responsibility or direct leader's responsibility therefor and it has been less than 3 years since the revocation of the License；

　　5. The person has large amounts of outstanding personal debts that are due；

　　6. The person was forbidden by a financial regulatory authority to hold a senior management position in financial institutions within a certain period of time and such period has not expired；

　　7. The person is under the investigation by judicial authority， discipline inspection and supervision department or the CIRC；

　　8. The person received an administrative penalty imposed by the CIRC for deceiving insurance companies， policy holders， the insured or beneficiaries and it has been less than 5 years since the impo

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