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

ame， domicile， business premises， business scope， legal responsibilities and other information.

　　When carrying on business， the business personnel of an insurance brokerage institution and its branches shall present client notices and indicate the mode of commission collection and proportion of the commissions collected as required by clients.

　　Where the main promoters or shareholders of an insurance brokerage institution are insurance companies， the insurance brokerage institution and its branches shall indicate such information in the client notice.

　　Article 95

　　An insurance brokerage institution and its branches and business personnel shall not engage in the following activities of deceiving insurance companies， insurance applicants， the insured or beneficiaries during insurance broking business：

　　1. Concealing important information pertaining to insurance contract；

　　2. Selling or publicizing insurance products in the institution‘s own name or in the branch’s own name；

　　3. Preventing insurance applicants from performing the obligation of truthful disclosure or inducing them not to perform the obligation of truthful disclosure；

　　4. Divulging the information about the business， property and individual privacy of entrusting insurance companies， insurance applicants， the insured or beneficiaries known in the course of business；

　　5. Embezzling or retaining premiums or insurance benefits；

　　6. Obtaining insurance benefits by cheating in collusion with insurance applicants， the insured or beneficiaries.

　　Article 96

　　An insurance brokerage institution， its branches， and business personnel shall not engage in the following activities of unfair competition during insurance broking business：

　　1. False advertising and publicizing；

　　2. Fabricate and spreading false information and damage the commercial reputation of other insurance intermediaries；

　　3. Force， induce or limit insurance applicants to enter into an insurance contract or restrict the legitimate operation of other insurance intermediaries by taking advantage of administrative power， advantageous industrial position or occupational convenience and by other unrighteous means；

　　4. Give or promise to give interests other than those specified in insurance contract to insurance applicants， the insured or beneficiaries；

　　5. Pursue insurance brokerage business beyond the business scope set forth in the License；

　　6. Paying rebate or other illegal interests to insurance companies and their staffs；

　　7. Other activities of unfair competition.

　　Article 97

　　Any insurance brokerage institution and its branches shall not have insurance broking business relation with an institution or individual illegally engaging in insurance business or insurance intermediary business.

　　Article 98

　　The external investment and external guarantee of an insurance brokerage institution shall not violate laws or administrative regulations. An insurance brokerage institution shall not make investm

ent by embezzling insurance premiums or insurance benefits.

　　Where an insurance brokerage institution makes significant external investment or provides significant external guarantee， it shall obtain the written consent of the board of directors or all partners and report to the CIRC in writing within 10 days from the date of the occurrence of significant external investment or significant external guarantee.

　　Significant external investment refers to the investment in a lump sum or of an accumulative amount up to 50% of net assets of the insurance brokerage institution stated in financial statements for the previous fiscal year. Significant external guarantee refers to the investment in a lump sum or of an accumulative amount up to 50% of net assets of the insurance brokerage institution stated in financial statements for the previous fiscal year.

　　Chapter 5 Supervision and Administration

　　Article 99

　　Any insurance brokerage institution and its branches shall submit relevant statements， reports and materials in accordance with relevant stipulations of the CIRC.

　　Article 100

　　The statements， reports and materials submitted by an insurance brokerage institution and its branches shall be timely， accurate and complete， signed by the legal representative， executive partner， main person in charge or the person authorized by the aforesaid persons and stamped with the official seal of the institution or its branch. Electronic data shall meet IT standards specified by the CIRC.

　　Article 101

　　An insurance brokerage institution shall deposit regulation fee to the account designated by the CIRC in accordance with relevant stipulations.

　　Article 102

　　An insurance brokerage institution shall submit regulation statements to the CIRC within 10 days after the end of each quarter.

　　Article 103

　　An insurance brokerage institution and its branches shall submit to the CIRC the report on the management of the special account for customer capital in the previous year before January 31 of each year， and the report shall indicate the basic information of the special account for customer capital， the actual payment and book balance.

　　Article 104

　　An insurance brokerage institution shall employ an accounting firm to audit its finance， legitimacy and regulatory compliance and submit to the CIRC financial statements including audit report， balance sheet and profit statement within 3 months after the end of each fiscal year.

　　The CIRC may require an insurance brokerage institution or any of its branches to submit special external audit report as circumstances require.

　　Article 105

　　The CIRC may interview the senior management personnel of an insurance brokerage institution and its branches according to the demand of supervision and administration and require them to account for the important events in their operating activities.

　　Article 106

　　The CIRC conducts on-site inspection of an insurance brokerage institution and its branches in accordance with law. The CIRC shall issue an inspection notice 5 days in advance to an insurance brokerage institution or any of its branches to be inspected， and the notice shall indicate the time of inspection， name list of inspectors and inspection requirements， etc.

　　The inspection notice may be sent by fax in advance to an insurance brokerage institution or any of its branches to be inspected and the original notice shall be presented at the time of inspection. Inspectors shall produce work certificate at the time of inspection.

　　Where the CIRC deems it necessary， it may directly conduct on-site inspection without prior notice.

　　Article 107

　　The on-site inspection of an insurance brokerage institution and its branches by the CIRC include all or part of the following contents：

　　1. Whether the proced

ures of examination and approval for establishment and alteration of the institution or the branch are complete；

　　2. Whether capital or capital contribution is true and full；

　　3. Whether guarantee funds are fully drawn or illegally used；

　　4. Whether business operation complies with laws and regulations；

　　5. Whether financial position is good；

　　6. Whether the reports， statements and materials submitted to the CIRC are timely， complete and true；

　　7. Whether internal control system is complete；

　　8. Whether the appointment of senior management personnel meets the requirements of these Rules；

　　9. Whether the responsibilities of management of business personnel in practicing activities are fully performed；

　　10. Whether public announcement is timely and true；

　　11. Whether computer facilities are good and whether the information system is operating well；

　　12. Other matters that the CIRC deems necessary to inspect.

　　Article 108

　　Where an insurance brokerage institution or any of its branch is suspected of seriously violating insurance laws， administrative regulations or these Rules， the CIRC has the right to order it to stop accepting new business or stop part of its business during the period of investigation.

　　Article 109

　　An insurance brokerage institution and its branches shall assist the CIRC in on-site inspection in accordance with the following requirements and shall not reject or hamper the supervision and inspection by the CIRC in accordance with the law：

　　1. Provide relevant documents and materials according to relevant stipulations and shall not transfer or hide relevant documents and materials；

　　2. Relevant senior management personnel， financial personnel and business personnel shall be present to provide explanations， answer questions， accept regulatory conversation and shall not intentionally evade， delay or hinder inspection.

　　Article 110

　　Where an insurance brokerage 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.

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