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

sition of the penalty；

　　9. Other circumstances specified by the CIRC where a person is disqualified for holding a senior management position.

　　Article 71

　　Senior management personnel of an insurance brokerage institution or any of its branches shall not concurrently hold a position at an insurance company， another insurance brokerage institution， insurance agency institution or an institution that has potential conflict of interest with such insurance brokerage institution or branch.

　　Article 72

　　For appointing senior managers， an insurance brokerage institution shall submit the following application materials in duplicate to the CIRC：

　　1. Application Form of Qualification for Senior Management Personnel of Insurance Brokerage Institutions；

　　2. The decision on appointing senior management personnel；

　　3. Photocopies of identity certificate

and diploma of the senior management personnel to be appointed；

　　4. Photocopy of the Qualification Certificate and materials certifying relevant work experience.

　　Article 73

　　The CIRC shall make a preliminary examination of the application within 20 days after accepting the application of an insurance brokerage institution for qualification of senior management personnel and make a decision as to whether or not to confirm the qualification within 40 days after accepting the application. Where it decides not to confirm the qualification， it shall give written notice to the applicant and state reasons therefor.

　　The CIRC shall make a decision as to whether or not to confirm the qualification of senior management personnel of an insurance brokerage branch within 20 days after accepting the application. Where it decides not to confirm the qualification， it shall give written notice to the applicant and state reasons therefor.

　　Article 74

　　Where senior management personnel to be appointed fall into any of the following circumstances， the insurance brokerage institution or the branch concerned shall submit materials for explanation. Where it provides false materials， conceals the fact， or does not submit the materials， the CIRC shall not confirm the qualification of such candidate：

　　1. The candidate was once subject to criminal penalty；

　　2. The candidate was once investigated by judicial authority， discipline inspection or supervision department；

　　3. The candidate once received the administrative penalty imposed by financial and insurance supervision organs；

　　4. The candidate once received the sanction imposed by an insurance industry organization；

　　5. The candidate once committed dishonest activities including intentional non-fulfillment of due obligations of a high amount；

　　6. The candidate was once dismissed or removed from office by his employer；

　　7. The candidate once assumed personal responsibility or direct leader's responsibility for serious work mistakes or economic cases；

　　8. The candidate is still working at an insurance company or other insurance intermediary at the time of application.

　　Article 75

　　The CIRC may interview the senior management personnel of an insurance brokerage institution and its branches and make relevant announcement.

　　Article 76

　　In case of internal transfer of senior management personnel of an insurance brokerage institution and its branches at the same level or from a high level to a low level， no confirmation of qualification shall be required.

　　Article 77

　　Where an insurance brokerage institution decides to remove a senior manager from office or agrees to his resignation， his qualification shall automatically become invalid from the date of decision.

　　Article 78

　　Where an insurance brokerage institution appoints or dismisses any senior management personnel， it shall report to the CIRC in writing within 5 days from the date of decision.

　　Article 79

　　Where an insurance brokerage institution appoints legal representative， general manager， executive partner or management personnel with the same functions and powers as of the aforesaid personnel， it shall make announcement on the newspaper designated by the CIRC within 5 days from the date of decision.

　　Article 80

　　Where a senior manager of an insurance brokerage institution or any of its branches is suspected of economic crime and sued， the insurance brokerage institution shall report to the CIRC in writing within 5 days from the date of suit and within 5 days from the date of settlement.

　　Article 81

　　Where an insurance brokerage institution appoints a temporary person in charge under special circumstances， it shall report to the CIRC in writing within 5 days from the date of decision on appointment.

The term of office of the temporary person in charge shall not exceed 3 months at most.

　　Chapter 4　Operating Rules

　　Article 82

　　To carry on insurance broking business， an insurance brokerage institution or any of its branches shall sign a written contract of entrustment with the principal and determine both parties‘ rights and obligations according to the law and clarify other matters that the principal entrust the brokerage institution or branch to deal with. Entrustment contract shall not violate laws， administrative regulations or relevant regulations of the CIRC.

　　Where an insurance brokerage institution or any of its branches handles the insurance business for an insurance applicant， it shall not accept carte blanche from the client.

　　Article 83

　　An insurance brokerage institution and its branches may conduct the following insurance broking business：

　　1. Draw out insurance proposal， choose insurance companies and handle the insurance application procedure for insurance applicants；

　　2. Assist the insured or beneficiary to claim the compensation；

　　3. Reinsurance broking business；

　　4. Providing services of prevention against disaster and damage， or risk assessment and risk control consulting for the client；

　　5. Other businesses specified by the CIRC.

　　The specific authority of an insurance brokerage institution and its branches shall be agreed upon in the entrustment contract within the scope set forth in the preceding paragraph.

　　Article 84

　　An insurance brokerage institution may conduct insurance broking activities within the territory of the People‘s Republic of China.

　　Article 85

　　The business scope and operation zone of an insurance brokerage branch shall be authorized by the insurance brokerage institution with which it is affiliated.

　　Article 86

　　No insurance brokerage institution or its branches shall conduct insurance broking business beyond the business scope and operation zone of the underwriting company. Where their insurance brokerage business involves cross-regional co-insurance， cross-regional underwriting and master policies and the CIRC has different provisions， such provisions shall apply.

　　Article 87

　　An insurance brokerage institution and its branches shall collect the commissions agreed upon with the parties of the insurance contract.

　　Article 88

　　An insurance brokerage institution and its branches shall open independent special account for customer capital to deposit the following funds：

　　1. Insurance premium paid by insurance applicants or the insured to the insurance company；

　　2. Insurance benefit collected on behalf of insurance applicants， the insured or the beneficiary.

　　An insurance brokerage institution and its branches shall deliver the collected insurance premiums to the insurance company within the time limit agreed upon with the insurance company.

　　Article 89

　　An insurance brokerage institution and its branches shall create special accounting books to record the revenue and expenditure of insurance broking business.

　　Article 90

　　An insurance brokerage institution and its branches shall create complete and standardized business files that shall contain the following information：

　　1. Name of insurance applicant；

　　2. Type of insurance for broking；

　　3. Time of collection of insurance premiums and delivery to insurance company；

　　4. Amount of commission and the time of collection thereof；

　　5. Time of collecting the insurance benefit on behalf of the client and the time of delivering them to the insured；

　　6. Other important business information.

　　Article 91

　　An insurance brokerage institution and its branches shall take good care of business files and keep the original evi

dence and relevant materials of business activities for a period of no less than 10 years from the date of termination of an insurance contract.

　　Article 92

　　An insurance brokerage institution and its branches shall be obligated to keep confidential the information about the business， property and individual privacy of insurance companies， insurance applicants， the insured or beneficiaries known during operation.

　　Article 93

　　During the continuous operation of an insurance brokerage institution， the number of insurance broking business personnel shall be more than 2 and no less than half of the total employees.

　　Article 94

　　An insurance brokerage institution and its branches shall prepare standardized client notice during operation. Client notice shall contain the n

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