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中国保险监督管理委员会派出机构监管职责规定 Regulations on Supervision and Administration Responsibilities of Local Office

2009-03-24 法律英语 来源:互联网 作者:
RC.

  Article 19

  Based on the result of on-site inspection and off-site supervision, the local office shall impose administrative penalties on the above-mentioned institutions or take other supervisory measures according to law.

  Article 20

  A local office is responsible for examining, counting and analyzing all the business data, financial data and relevant materials submitted by the institutions mentioned in Article 18 hereof; it shall work out the data, statements and analysis reports on the insurance industry in the area under its jurisdiction, and submit off-site supervision reports to the CIRC in accordance with relevant stipulations.

  Article 21

  A local office shall carry out the investigation and research about the operation and development trend of the local insurance market, pay close attention to important situation and major events suggesting tendencies and trends, and timely report to the CIRC.

  Chapter 6 Other Responsibilities

  Article 22

  A local office shall establish a mechanism of work division and cooperation, strengthen communication, exchange information and coordinate policies with other financial supervisory institutions and relevant governmental departments in the area under its jurisdiction and improve the development environment of the insurance industry continuously.

  Article 23

  A local office is responsible for investigating and punishing the establishment of an insurance institution or an insurance intermediary without permission and illegal engagement in insurance business and insurance intermediary business in the area under its jurisdiction.

  Article 24

  A local office is responsible for information disclosure of the insurance industry in the area under its jurisdiction; it is responsible for the planning and implementation of informatization of the insurance industry in the area under its jurisdiction according to the authorization of the CIRC.

  Article 25

  A local office is responsible for exercising administration of and guiding insurance industry associations, insurance societies and other insurance organizations in the area under its juri

sdiction.

  Article 26

  A local office is responsible for accepting insurance-related complaint letters and visits in the area under its jurisdiction.

  Article 27

  A local office is responsible for managing the data and files related to insurance supervision and administration in the area under its jurisdiction.

  Article 28

  A local office is responsible for passing applications for administrative reconsideration on to the CIRC and serving relevant legal documents to the applicant according to relevant stipulations or the entrustment of the CIRC.

  Chapter 7 Administrative Penalties

  Article 29

  A local office is responsible for imposing administrative penalties for the establishment of an insurance institution or an insurance intermediary without permission and for illegal engagement in insurance business or insurance intermediary business in the area under its jurisdiction.

  Article 30

  A local office shall be responsible for imposing administrative penalties on the following institutions and their insurance practitioners in the area under its jurisdiction for illegal and regulation-violating insurance activities:

  1. Branches of an insurance company;

  2. Insurance intermediaries.

  Article 31 A local office shall report to the CIRC for approval before imposing the following administrative penalties:

  1. A fine of more than RMB 200,000 on a branch of an insurance company or more than RMB 50,000 on any of its practitioners;

  2. A fine of more than RMB 100,000 on an insurance intermediary or more than RMB 30,000 on any of its practitioners;

  3. Restricting business scope and ordering the stop of accepting new business;

  4. Revoking relevant licences except the licence for part-time insurance agency business.

  The CIRC shall make a written reply within 20 working days after receipt of the documents of a local office.

  Article 32

  Where a branch of an insurance company, an insurance intermediary or their practitioners commit illegal insurance activities outside their registered locality, the local office of the place where illegal activities occur shall investigate and punish such activities. The local office responsible for investigation and punishment shall send a copy of the report on the facts of the illegal activities and the result of handling to the local office of the registered locality of the lawbreaker.

  Article 33

  Where a local office undertakes matters entrusted by the CIRC and needs to impose an administrative penalty, the administrative penalty shall be imposed by the CIRC.

  Article 34

  A local office shall regularly report the implementation of administrative penalties according to the requirement of the CIRC.

  Chapter 8 Supplementary Provisions

  Article 35

  Where the CIRC enacts rules and regulations to authorize a local office to perform responsibilities of insurance supervision and administration, the local office authorized shall exercise supervision and administration in its own name within the scope of authorization.

  Where the CIRC entrusts a local office to perform the responsibilities of insurance supervision and administration, the local office entrusted shall conduct supervision and administration in the name of the CIRC.

  Article 36

  Where a local office formulates relevant detailed rules for implementation and specific measures on insurance supervision and administration according to the regulations of the CIRC and the actual conditions in the area under its jurisdiction, such rules and measures shall be formulated within the limits of relevant regulations and the local office shall report to the CIRC for approval before promulgation.

  The CIRC shall make a written reply within 20 working days after receipt of documents

of the local office.

  Article 37

  The supervision and administration of foreign-funded insurance institutions, foreign-funded insurance intermediaries and representative offices of foreign insurance institutions in China otherwise stipulated by the CIRC shall be governed by the stipulations therein.

  Article 38

  The CIRC is responsible for the interpretation of these Regulations.

  Article 39

  These Regulations shall come into effect as of August 1, 2004. Provisional Regulations on Supervision and Administration Responsibilities of Local offices of the China Insurance Regulatory Commission promulgated by the CIRC on April 30, 2001 (the CIRC Ordinance No.2001-1) shall be repealed simultaneously

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