保险公司管理规定 Regulations on Administration of Insurance Companies

　　Financial institutions outside Chinese territory， if in accordance with the stipulations of Article 42 hereof， with the approval of CIRC， may invest in an insurance company. The total proportion held by all foreign investors shall be less than 25% of the whole equity of the insurance company. If the total proportion held by all foreign investors is more than 25% of the whole equity of the insurance company， the insurance company shall comply with the relevant rules of the admini

stration of foreign funded insurance companies.

　　Foreign shareholders investing in publicly listed insurance companies shall not be restricted by the stipulation of the previous paragraph.

　　Article 46

　　An insurance company listed on domestic stock exchange shall observe the shareholders' investment proportion limits as stipulated in Article 43 hereof.

　　Chapter III Insurance Operation

　　Article 47

　　With the confirmation of CIRC， a property insurance company may provide some or all of the following insurance services：

　　（1） Property loss insurance；

　　（2） Liability insurance；

　　（3） Statutory liability insurance；

　　（4） Credit insurance and guarantee insurance；

　　（5） Agriculture insurance；

　　（6） Other property insurance services；

　　（7） Short-term health insurance and accident insurance；

　　（8） Reinsurance for the above insurance services.

　　Article 48

　　With the confirmation of CIRC， a life insurance company may provide some or all of the following insurance services：

　　（1） Accident insurance；

　　（2） Health insurance；

　　（3） Traditional life insurance；

　　（4） Innovative life insurance products；

　　（5） Traditional annuity insurance；

　　（6） New annuity insurance products；

　　（7） Other life insurance services；

　　（8） Reinsurance for the above insurance services.

　　Article 49

　　An insurance company applying for extension of its business scope shall comply with CIRC's relevant regulations on registered capital， solvency requirement， etc.

　　Article 50

　　An insurance company operating foreign currency insurance business shall comply with the relevant regulations promulgated both by CIRC and by the State Administration of Foreign Exchange.

　　Article 51

　　Except for instances stipulated in Article 52 hereof， the branches of an insurance company shall not conduct business outside the domain of Provinces， Autonomous Regions and Municipalities.

　　Article 52

　　An insurance institution shall comply with CIRC's regulations on participating in co-insurance， insurance of large scale commercial risks or master policy business， and providing insurance service by Internet outside the domain of Provinces， Autonomous Regions and Municipalities.

　　Article 53

　　An insurance company shall determine the self-retained portion of insurance premium， and the self-retained liability arising from the possible damage caused by each risk unit in accordance with the law. The portion beyond the limits stipulated by laws and regulations shall be reinsured.

　　Article 54

　　An insurance company seeking cession for their business shall give priority to an insurance company located in China， given equal terms and conditions.

　　Article 55

　　An insurance institution shall by no means directly or indirectly compel policyholders to buy insurance.

　　Article 56

　　An insurance institution shall not entrust illegal insurance agents to develop business， shall not accept business introduced by illegal insurance brokers， or pay charges， commissions or other similar fees to any illegal insurance agent or broker.

　　Article 57

　　An insurance institution shall not fabricate or disperse false facts to damage the reputation of other insurance institutions.

　　Article 58

　　An insurance institution shall not induce policyholders or the insured to stop their insurance contracts with other insurance institutions.

　　Article 59

　　An insurance institution shall not utilize the government or its departments， monopoly enterprises or organizations to squeeze out or obstruct other insurance institutions' business operation.

　　Article 60

　　An insurance institution shall not provide or promise to provide policyholders， the insure

d， beneficiaries， or other related party with insurance premium rake-offs or any other benefits in violation of laws or regulations.

　　Article 61

　　An insurance institution shall establish special customer service departments or consultation and complaint departments and publicize the hotline number for consultation and complaint.

　　An insurance institution shall seriously deal with the insurance complaints from policyholders， the insured， and beneficiaries， and inform them of the result in time.

　　Article 62

　　An insurance institution's business propaganda materials shall be objective， complete， and authentic， with its name， address and hotline for consultation and complaint.

　　Article 63

　　Insurance advertisements or business propaganda materials shall not predict uncertain insurance policy benefits such as the company's profits， policy dividend， or interest surplus refund.

　　An insurance institution shall not utilize advertising or any other propaganda means to provide misleading information on their insurance clauses and service quality， etc.

　　Article 64

　　An insurance institution shall clearly specify the exceptional liability or liability exemption， surrender， other charge deduction， cash value， hesitation period and so on in the insurance contract.

　　An insurance institution shall not partially compare the insurance clauses and premium rates with those of other institutions， or with interest rates on deposits of financial institutions.

　　Article 65

　　An insurance institution shall supervise the behavior of their insurance agents and immediately stop or correct any misconduct or behavior in violation of laws and regulations.

　　An insurance institution shall take the legal responsibility for their insurance agents' false statement and misleading behavior during business development that are detrimental to the interests of the insured.

　　Article 66

　　An insurance company shall establish such systems as controlling and managing affiliated deals. An insurance company shall report their affiliated deals to CIRC， according to relevant regulations， within 15 days after the transaction.

　　The affiliated deals mentioned in the preceding paragraph are those between an insurance company and their affiliated entities as follows：

　　（1） Reinsurance ceding or assuming business；

　　（2） Asset management， guarantee and agency business；

　　（3） Buying and selling of fixed assets and transfer of creditor's rights and liabilities.

　　Enterprises in any of the following relations with an insurance company shall be deemed as affiliated to that company：

　　（1） There is a control relationship between the two， in terms of equity and investment；

　　（2） Both are controlled by a third party in terms of equity and investment；

　　（3） The enterprise is directly controlled by senior managerial personnel of the insurance company， or their close family members.

　　Senior managerial personnel of the insurance company or their close family members shall be deemed as affiliated to the insurance company.

　　Article 67

　　An insurance company shall establish and improve corporate governance， strengthen internal management， and set up a strict internal control system.

　　Article 68

　　To be publicly listed， an insurance company shall obtain the Regulatory Comment Letter of CIRC.

　　Chapter IV Insurance Clauses and Premium Rates

　　Article 69

　　The insurance clauses and premium rates that an insurance company adopts shall be approved by CIRC or filed with CIRC for record in accordance with the law.

　　Article 70

　　The clauses and insurance premium rates of the following insurance varieties shall be approved by CIRC.

　　（1） Products for compulsory insurance according to laws and regulations；

　　（

2） Newly developed life insurance products；

　　（3） Other insurance products that CIRC deems to be related to the public interests.

　　CIRC compiles and adjusts the catalogue of insurance products subject to approval.

　　Article 71

　　Clauses and premium rates adopted by an insurance company for insurance products except those stipulated in the preceding article shall be filed with CIRC for record.

　　Article 72

　　CIRC shall adhere to the principle of protecting public interests and preventing improper competition when approving or filing the insurance clauses and premium rates.

　　CIRC can require an insurance company to revise or stop using the insurance clauses and premium rates in the following cases：

　　（1） Violation of laws and administrative regulations or CIRC's prohibition regulations；

　　（2） Violation of relevant state fiscal and financial policies；

　　（3） Damaging the public interests；

　　（4） Content is obviously unfair or causes price monopoly， which infringes upon the legitimate rights and interests of the policyholders， the insured， or the beneficiaries，

　　（5） Improper clause design， premium rate fixing， or as

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/