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

　　Article 111

　　During on-site inspection， the inspectors of the CIRC shall strictly abide by relevant laws of the State and administrative regulations and rules of the CIRC with regard to on-site inspection and shall not divulge the commercial information of an insurance agency institution and its branches known during on-site inspection.

　　Article 112

　　Where an insurance brokerage institution or its branches have the belief that the inspectors violate laws， administrative regulations or relevant stipulations of the CIRC， they may report or complain to the CIRC.

　　Any insurance agency institution and its branches have the right to apply for administrative reconsideration or start administrative proceedings against the administrative measures of the CIRC.

　　Article 113

　　The CIRC may authorize intermediaries including accounting firms to inspect an insurance brokerage institution and its branches. The authorization shall be in the writing form.

　　The CIRC shall inform the insurance brokerage institution and its branches of such authorization.

　　Chapter 6 Legal Liability

　　Article 114

　　Where any of senior management personnel or business personnel of an insurance brokerage institution or any of its branches are found， after leaving such insurance brokerage insti

tution or branch， to have violated relevant regulations on insurance supervision and administration during his service at such institution or branch， he shall be held responsible in accordance with the law.

　　Article 115

　　Where an insurance brokerage institution is illegally engaged in insurance brokerage business without obtaining the License， the CIRC shall dissolve it. If a crime is constituted， it shall be investigated for criminal liability in accordance with the law. If no crime is constituted， the CIRC shall confiscate its illegal gains and impose a fine of 1 to 5 times the amount of the illegal gains upon it. Where there are no illegal gains or illegal gains are less than RMB 100，000， it shall be given a fine of RMB 100，000 to 500，000.

　　Article 116

　　Where an insurance brokerage institution is established by unrighteous means including deception and bribery， the CIRC shall revoke it in accordance with the law and give a warning to any investor who provides false materials and impose a fine of RMB 30，000. The investor concerned shall not apply for establishing an insurance brokerage institution again within 3 years.

　　Article 117

　　Where an insurance brokerage institution or any of its branches applies for administrative permission by concealing relevant information or providing false materials， the CIRC shall reject or disapprove its application and give it a warning.

　　Article 118

　　Where an insurance brokerage institution or any of its branches has obtained the administrative permission of the CIRC by unrighteous means including deception and bribery， the CIRC shall cancel the decision of permission in accordance with the law， give a warning to it and impose a fine of not more than RMB 30，000 upon it. Where cancellation of the decision on permission has no practical implications or inexecutable due to objective reasons， it shall be fined RMB 30，000.

　　Article 119

　　Where an applicant of the Qualification Certificate applies for the Qualification Certificate by concealing relevant information or providing false materials， the CIRC shall reject its application or not issue the Qualification Certificate and give him a warning. Such applicant shall not apply to the CIRC for the Qualification Certificate again within 1 year.

　　Article 120

　　Where a Qualification Certificate holder has obtained the Qualification Certificate by unrighteous means including deception and bribery， the CIRC shall cancel the Qualification Certificate according to law and give him a warning. Such certificate holder shall not apply to the CIRC for the Qualification Certificate again within 3 years.

　　Article 121

　　Where an insurance brokerage institution 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 in charge of the insurance brokerage institution and persons directly responsible shall be given a warning and a fine of RMB 10，000 to 30，000：

　　1. Split or merger without approval；

　　2. Change of shareholders or partners without approval；

　　3. Change of organizational form， registered capital or capital contribution without approval；

　　4. Change of equity structure or proportion of capital contribution without approval.

　　Article 122

　　Where an insurance brokerage institution falls into one of the following circumstances， the CIRC shall order it to make correction and impose a fine of RMB 50，000 to RMB 300，000 upon it. Where the circumstances are serious， the CIRC may restrict its business scope or order it to stop accepting new business. The senior management personnel in charge of the insurance brokerage institution and persons directly responsible shall be given a warning and a fine of RMB 10，000 to 30，000：

　　1. Failure to deposit guarantee funds in accordance with r

elevant stipulations；

　　2. Use of guarantee funds without approval.

　　Article 123

　　Where an insurance brokerage 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 30，000 upon it. The senior management personnel in charge of the insurance brokerage institution or branch and persons directly responsible shall be given a warning and a fine of RMB 10，000 to 30，000：

　　1. Establishment of an insurance brokerage branch without approval；

　　2. Appointment of senior management personnel without confirmation.

　　Article 124

　　Where an insurance brokerage 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 20，000 upon it. Where there are no illegal gains， it shall be given a fine of RMB 10，000. The senior management personnel in charge of the insurance brokerage institution or branch and other persons directly responsible shall be given a warning and a fine of RMB 5，000：

　　1. Forge， alter， rent， lend or transfer the License；

　　2. Use expired or invalid License.

　　Article 125

　　Where an insurance brokerage institution or any of its branches or business personnel falls into one of the following circumstances set forth in Article 95 hereof， the CIRC shall order it or him to make correction and impose a fine of RMB 50，000 to 300，000 upon it or him. Where the circumstances are serious， the License shall be revoked. The senior management personnel in charge of the insurance brokerage institution or branch and other persons directly responsible shall be given a warning and fined not more than RMB 30，000.

　　Article 126

　　Where an insurance brokerage institution or any of its branches does insurance broking business with institutions or individuals illegally engaging in insurance business or insurance intermediary business， the CIRC shall give it a warning and impose a fine of RMB 30，000 upon it. Where there are no illegal gains or illegal gains are less than RMB 10，000， it shall be fined RMB 20，000.

　　Article 127

　　Where an insurance brokerage institution or any of its branches or business personnel falls into one of the following circumstances set forth in Article 96 hereof， the CIRC shall order it or him to make correction and impose a fine of RMB 10，000 to 30，000 upon it or him. The senior management personnel in charge of the insurance brokerage institution or branch and other persons directly responsible shall be given a warning and a fine of RMB 10，000.

　　Article 128

　　Where an insurance brokerage institution or any of its branches issues or uses important business vouchers including invoices， receipts and insurance documents that do not comply with facts， the CIRC shall order it to make correction， give it a warning and impose a fine of not more than RMB 30，000 upon it.

　　Article 129

　　Where an insurance brokerage 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. The senior management personnel in charge of the insurance brokerage institution or branch and other persons directly responsible of the insurance brokerage institution shall be given a warning and a fine of RMB 5，000：

　　1. Fail to create special accounting books or business files in accordance with relevant stipulations；

　　2. Fail to open independent special account for customer capital；

　　3. Making external investment or providing external guarantee in violation of these Rules；

　　4. Enter into or change insurance contract without written authorization from insurance applicants or the insured.

　　Article 130

　　Where an insurance brokerage instit

ution or any of its branches operates beyond the authorized scope and damages legitimate rights and interests of insurance applicants， the insured and beneficiary， the CIRC shall give it a warning and impose a fine of not more than RMB 30，000 upon it.

　　Article 131

　　Where an insurance brokerage institution or any of its branches violates stipulations in Article 86 hereof， the CIRC shall order it to m

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