中华人民共和国外资保险公司管理条例实施细则 Detailed Rules for Implementation of Regulations of the Peoples Republic of Ch

颁布日期：20040513 　实施日期：20040615 　颁布单位：中国保险监督管理委员会

　　Article 1

　　These Rules are formulated in accordance with the Insurance Law of the People's Republic of China and the Regulations of the People's Republic of China on Administration of Foreign-funded Insurance Companies （hereinafter referred to as “the Regulations”）。

　　Article 2

　　A foreign insurance company under the Regulations refers to an insurance company registered and conducting insurance business outside the territory of China.

　　Article 3

　　The proportion of foreign equity in an insurance company incorporated within the territory of China by a foreign insurance company with a Chinese company or enterprise that conducts life insurance business （hereinafter referred to as “joint-equity life insurance company”） shall be no more than 50% of the total equity of the company.

　　The shares of a joint-equity life insurance company directly or indirectly held by a foreign insurance company shall not exceed the limit of proportion as stipulated in the preceding paragraph.

　　Article 4

　　For a foreign-funded insurance company established within the territory of China before the Regulations became effective with registered capital or working capital of less than RMB 200 million or an equivalent amount in a freely convertible currency， its registered capital or working capital shall be fully paid within 2 years after these Rules become effective. For those who fail to fully pay the registered capital or working capital， China Insurance Regulatory Commission shall not grant approval to their application for operation of new business.

　　Article 5

　　The registered capital or working capital of a foreign-funded insurance company shall be the actually paid-up currency.

　　Article 6

　　After establishing a branch， the foreign insurance company shall not withdraw the working capital in any form.

　　Article 7

　　The period of operation of insurance business being more than 30 years， which is mentioned in Item 1 of Article 8 of the Regulations， means that the foreign insurance company shall have continuously been running insurance business for more than 30 years， and the foreign insurance company's acquisition of another institution or merger with another institution to establish a new insurance company， shall not affect the calculation of the business operation period.

　　The business operation period of a subsidiary of a foreign insurance company shall start from the date of establishment of the subsidiary.

　　Article 8

　　The representative office mentioned in Item 2 of Article 8 of the Regulations refers to the following representative offices approved by China Insurance Regulatory Commission （hereinafter referred to as “CIRC”）：

　　（1） The representative office established by a foreign insurance company；

　　（2） The representative office established by a group to which a foreign insurance company belongs.

　　Article 9

　　The representative office established by a foreign insurance company or its group to which the insurance company belongs is only applicable to application for establishing one foreign-funded insurance company.

　　Article 10

　　The end of the year prior to the application for the establishment mentioned in Item 3 of Article 8 of the Regulations refers to the end of the previous fiscal year before the date of application.

　　Article 11

　　The other prudential requirements mentioned in Item 7 of Article 8 of the Regulations shall at least include the following requirements：

　　（1） Reasonable structure for corporate governance；

　　（2） Stable and sound risk control system；

　　（3） Sound internal control system；

　　（4） Effective Management Information System；

　　（5） Good operating performance without records of serious violation of

laws and regulations.

　　Article 12

　　Where the applicant fails to provide the business license （duplicate） as stipulated in Item 2 of Article 9 of the Regulations， the applicant may provide a valid copy of the business license or a written certificate issued by the relevant authority evidencing the applicant's eligibility to conduct insurance business.

　　Article 13

　　The certificate mentioned in Item 2 of Article 9 of the Regulations， which is issued by the relevant authority of the country or region where the foreign applicant is located to evidence the applicant's solvency， shall include one of the following contents：

　　（1） Certifying that the applicant complies with the regulatory requirements of the country or region on solvency in the previous fiscal year as of the date when the relevant authority issues the certificate；

　　（2） Certifying that the applicant has no record of incompliance with the standard of the country or region on solvency in the previous fiscal year as of the date when the relevant authority issues the certificate.

　　Article 14

　　The Letter of Comments issued by the relevant authority of the country or region where the foreign applicant is located concerning the applicant's application， which is mentioned in Item 2 of Article 9 of the Regulations， shall include the following contents：

　　（1） Whether the application for the establishment of an insurance institution in China complies with the laws and rules of the applicant's country or region；

　　（2） Whether the authority approves the applicant's application；

　　（3） The record of the punishment imposed on the applicant in the last three years prior to the date of issuance of the Letter of Comments by the relevant authority；

　　Article 15

　　The annual report mentioned in Item 3 of Article 9 of the Regulations shall include the Balance Sheets， Statements of Profit and Loss， and Cash Flow Statements of the applicant in the last three fiscal years prior to the date of application.

　　The annual report mentioned in the preceding paragraph shall be attached with the auditor's report issued by an accounting or auditing firm authorized by the country or region where the applicant is located.

　　Article 16

　　Except otherwise specified by the laws or administrative regulations or approved by the State Council， the Chinese applicant mentioned in Item 4 of Article 9 of the Regulations shall satisfy the following requirements：

　　（1） The companies or enterprises with the capacity of legal person registered at the administration department of industry and commerce， excluding commercial banks， securities organizations and the foreign-funded enterprises specified in the Law of the People's Republic of China on Foreign-funded Enterprises；

　　（2） Being approved by the administrative authority of the enterprise or its shareholders' meeting；

　　（3） Good operating performance and in the previous fiscal year as of the application date being profitable；

　　（4） Making the investment with self-owned capital from legitimate sources.

　　Article 17

　　The relevant documents to be submitted by a Chinese applicant for the establishment of a joint-equity insurance company shall include business license （duplicate）， articles of association， business structure， operation history， annual report and punishment record for the last three years.

　　Article 18

　　The person in charge of the preparation of a foreign-funded insurance company shall satisfy the following requirements：

　　（1） Academic degree above junior college level；

　　（2） Insurance or related work experience for over 2 years；

　　（3） No illegal and criminal record.

　　Article 19

　　Where an applicant applies for the extension of the preparation period according to the provisions specified in Article 11 of the Regulation

s， he shall， within 1 month before expiration of the original preparation period， submit a written application to CIRC and explain the reason.

　　Article 20

　　The preparation report mentioned in Item 1 of Article 11 of the Regulations shall summarize all the issues stated in other paragraphs under this article.

　　Article 21

　　The statutory capital verification organization mentioned in Item 4 of Article 11 of the Regulations refers to an accounting firm complying with the requirements of CIRC.

　　Article 22

　　The capital verification certificate mentioned in Item 4 of Article 11 of the Regulations shall include the following contents：

　　（1） A Capital Verification Report issued by a statutory capital verification organization；

　　（2） A copy of the original bank receipt voucher evidencing payment of the registered capital or working capital.

　　Article 23

　　The main person-in-charge mentioned in Item 5 of Article 11 of the Regulations refers to the general manager of the proposed branch of a foreign insurance company.

　　The letter of attorney issued to the person to be appointed as the main person-in-charge of the proposed branch of the foreign insurance company， refers to the letter of attorney issued to the person to be appointed as the general manager of the proposed branch of the foreign insurance company， which is signed by the Chairman of the Board of Directors or General Manager of the foreign insurance company.

　　The letter of attorney shall explicitly specify the scope of authorization granted to the authorized person.

　　Article 24

　　The senior managerial personnel of the proposed company mentioned in Item 6 of Article 11 of th

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