人身保险产品审批和备案管理办法Administrative Measures on Examination, Approval and Filing of Personal Insurance Pro
2009-03-24 法律英语 来源：互联网 作者： ℃Article 39
Where an insurance company appoints a new responsible actuary or a new legally responsible person， the insurance company shall reapply to the CIRC for confirmation.
Chapter 6 Legal Responsibilities
Article 40
Where an insurance com
pany fails to apply for examination and approval or filing of a product as stipulated， the CIRC shall order the insurance company to stop selling the product and impose penalties on the insurance company and its senior managerial personnel and other persons directly responsible according to relevant laws and administrative regulations.
Article 41
Where an insurance company applies for filing of a product which is subject to examination and approval of CIRC， the CIRC shall order the insurance company to stop selling the product， and， if the circumstances are serious， the CIRC shall impose penalties on the insurance company， its senior managerial personnel and other persons directly responsible according to relevant laws and administrative regulations.
Article 42
Where an insurance company conceals relevant information， provides false materials or refuses to provide authentic materials when applying for examination and approval of a product， the CIRC shall impose penalties on the insurance company， its senior managerial personnel and other persons directly responsible according to relevant laws and administrative regulations. Where the product has been sold， the CIRC may order the insurance company to stop selling.
Article 43
In any of the following cases concerning a product filed with the CIRC， the CIRC may order the insurance company to stop selling the product and impose penalties on the insurance company， its senior managerial personnel and other persons directly responsible according to relevant laws and administrative regulations：
1. Violating laws， administrative regulations or the prohibitive stipulations of the CIRC；
2. Violating relevant fiscal or financial policies of the State；
3. Being harmful to the public interest；
4. Containing obviously unfair contents， engendering price monopoly， and infringing upon the legitimate rights and interests of the policyholder， the insured or the beneficiary；
5. Inappropriate design of clauses or premium rates or wrong estimation of interest rates， which may endanger the solvency of the insurance company；
6. Other matters specified by the CIRC based on prudential supervision principle.
Article 44
A responsible actuary who violates Article 32 of these Measures shall be subject to penalties by the CIRC according to relevant laws and administrative regulations.
Where a responsible actuary violates Article 32 of these Measures for 3 times and the time lap between the first violation and the third violation is less than 2 years， the CIRC will not accept statement of the responsible actuary and actuary‘s report signed by such responsible actuary for a period of 2 years starting from the date on which the third violation is detected.
Article 45
A legally responsible person who violates Article 35 of these Measures shall be subject to penalties by the CIRC according to relevant laws and administrative regulations.
Where a legally responsible person violates Article 35 for 3 times and the time lap between the first violation and the third violation is less than 2 years， the CIRC will not accept statement of legally responsible person provided by such legally responsible person for a period of 2 years starting from the date on which the third violation is detected.
Chapter 7 Supplementary Provisions
Article 46
These Measures shall prevail in case of discrepancy between them and the regulations promulgated by the CIRC before the implementation of these Measures.
Article 47
Any product that has been examined and approved or filed prior to implementation of these Measures remain effective.
However， where an insurance company intends to make changes to the afore-mentioned product， the insurance company shall reapply for examination and approval or filing accord
ing to the Measures.
Article 48
The qualifications of responsible actuaries and legally responsible persons examined and recognized by the CIRC before implementation of the Measures remain effective.
Article 49
The time limit specified in these Measures shall be calculated in working days， excluding legal holidays.
Article 50
The CIRC is responsible for interpreting these Measures.
Article 51
The Measures shall be effective as of July 1， 2004.
Appendices：
1. Application Form for Examination and Approval of Personal Insurance Products；
2. List of Materials to Be Submitted for Personal Insurance Product Examination and Approval；
3. List of Materials to Be Submitted for Filing of Personal Insurance Products；
4. Application Form for Examination and Confirmation of the Qualifications of Responsible Actuary；
5. Application Form for Examination and Confirmation of the Qualifications of Legally Responsible Person；
6. Statement of Responsible Actuary；
7. Statement of Legally Responsible Person.
Appendix 1：
Application Form for Examination and Approval of Personal Insurance Products
Company
Product
Product type
Date of submittal
Main reasons for product examination and approval application
Insurance liability
Liability exemptions
Company document number and company seal
Year：
Month：
Day： Date of acceptance by CIRC and seal
Year：
Month：
Day：
Appendix 2：
List of Materials to Be Submitted for Personal Insurance Product Examination and Approval
Company
Product
Product type
Date of submittal
Year：
Month：
Day：
List of materials to be submitted Completeness check
Number submitted Number verified by the CIRC
1. Application form for examination and approval of personal insurance product
2. List of materials to be submitted for personal insurance product examination and approval
3. Explanatory materials for application of product examination and approval
4. Insurance clauses
5. Product premium rate table
6. Cash value table （example） ＃
7. Actuarial report （signed by responsible actuary）
8. Statement of responsible actuary （signed by responsible actuary）
9. Statement of legally responsible person （signed by the legally responsible person）
10. Product Feasibility report
11. Sales management measures
12. Financial management measures
13. Business management measures
14. Management system of information disclosure
15. Text of product description
16. Dividend calculation and distribution methods for participating products ☆
17. Income distribution and expenses apportionment principles for participating products ☆
18. CD or floppy disk containing electronic files of all materials to be submitted
19. Other materials specified by the CIRC ＃
Company document number and company seal
Year：
Month：
Day： Remarks of the CIRC
Year：
Month：
Day：
Note： 1. Materials marked with ＃ are optional；
2. Item 16 and Item 17 marked with ☆ are only required for participating insurance products；
2. Fill in the number of copies submitted in the column of “number submitted”； if no material is submitted， indicate reasons in the column.
Appendix 3：
List of Materials to Be Submitted for Filing of Personal Insurance Products
Company
Product
Product type
Selling date
Date of submittal
List of materi
als to be submitted Completeness check
Number submitted Number verified by the CIRC
1. List of materials to be submitted for filing of personal insurance products
2. Insurance clauses
3. Product premium rate table
4. Cash value table （example）＃
5. Actuarial report （subject to signing by the chief actuary）
6. Statement of responsible actuary （signed by the responsible actuary）
7. Statement of legally responsible person （signed by the legally responsible person）
8. Text of product description #
9. Other materials for participating， universal and unit-linked products Feasibility report of universal and unit-linked products
Sales management measures for universal and unit-linked products
Financial management measures for participating， universal and unit-linked products
Business management measures for participating， universal and unit-linked products
Management system of information disclosure for participating， universal and unit-linked products
Dividend calculation and distribution method
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