外国保险机构驻华代表机构管理办法 Rules on Administration of Representative Offices of Foreign Insurance Institutions

保监会令[2004]1号

颁布日期：20040115 　实施日期：20040301 　颁布单位：中国保险监督管理委员会

　　Chapter I　General Provisions

　　Article 1

　　These rules are formulated in accordance with the Insurance Law of the People's Republic of China， and for the purpose of strengthening the administration of representative offices of foreign insurance institutions （hereinafter referred to as “representative offices”）， and meeting the needs of the opening up of China's insurance market to the outside world.

　　Article 2

　　Foreign insurance institutions hereof referred to in these rules are those insurance companies， reinsurance companies， insurance intermediaries， insurance associations， and other insurance organizations incorporated outside the territory of the People's Republic of China.

　　Representative offices hereof referred to in these rules are both representative offices and general representative offices established by foreign insurance institutions within Chinese territory for the purpose of conducting such non-operational activities as liaison service and market research etc.

　　Chief Representative hereof referred to in these rules is the principal responsible person of the representative office， and the general representative is the principal responsible person of the general representative office.

　　Article 3

　　Representative offices shall abide by Chinese laws and regulations and related regulations made by China Insurance Regulatory Commission （hereinafter referred to as “CIRC”） and their legitimate rights and interests are protected by Chinese laws.

　　Article 4

　　CIRC is authorized by law and the State Council to perform regulatory responsibilities over the representative offices.

　　Under the authorization scope of CIRC， the local branch offices of CIRC take general regulation of those representative offices that are located in their jurisdictions on behalf of CIRC.

　　Chapter Ⅱ

　　Application and Establishment

　　Article 5

　　Foreign insurance institutions （hereinafter referred to as “the applicant”） applying to establish a representative office shall satisfy the following requirements：

　　（1） Good business performance；

　　（2） No record of any major violation of laws and regulations within three years prior to the application date；

　　（3） Other prudential requirements stipulated by CIRC.

　　Article 6

　　The formal application form for the establishment of representative office is provided by CIRC.

　　Article 7

　　The applicant shall submit the following documents：

　　（1） The formal application form；

　　（2） A letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution；

　　（3） A photocopy of the business license or the certificate of authorization for insurance business， or the registry certificate issued by the relevant regulatory authorities of its home country or territory；

　　（4） Articles of association and the name list of the members of the Board of Directors， management personnel or principal partners；

　　（5） Annual reports of the last three years prior to the application；

　　（6） A letter of permit issued by the competent authority of its home country or territory allowing it to set up a representative office in China， or a letter of recommendation from the industrial association of which the applicant is a member， and both types of letters shall contain information about the penalty records of the applicant received within three years prior to the application；

　　（7） A power of attorney signed by the Chairman of the Board or General Manager for the chief representative designated；

　　（8） The resume of the designated chief representative and other relevant supporting documents；

　　（9） Other documents and materials required by CIRC.

　　The photocopy of the business license or the certificate of authorization for insurance business， or the registry certificate shall be subject to notarization certified by the applicant's home country or territory or verification by the resident Embassy or Consulate of the People's Republic of China in the applicant's home country or territory.

　　Article 8

　　The applicant shall submit its application documents to CIRC. CIRC shall handle all the applications according to the following conditions：

　　（1） If the document has a mistake （mistakes） that can be corrected on the spot， the applicant shall be allowed to make the correction on the spot；

　　（2） If the document is incomplete or does not comply with regulatory formats， the applicant shall be informed on the spot or within five days of all the required corrections at one time. If the applicant is not informed of such information in this period， then it is assumed that the application is accepted for review on the day it is received by CIRC；

　　（3） If the document is complete and complies with regulatory formats， or after the applicant， upon request， has submitted additional documents and made necessary corrections， then the application shall be accepted for review.

　　Whether or not CIRC accepts the application for review， CIRC shall issue a written document with designated stamp and date indicated.

　　Article 9

　　Within 20 days from the date of receiving the application letter， CIRC shall make a decision on whether or not to approve. If the decision can not be made in the said 20 days， at the approval of the Chairman of CIRC， the said period can be extended 10 more days and the applicant shall be informed of reasons for the extension.

　　If CIRC decides to approve the application， it shall issue an approval document； in case of disapproval， CIRC shall state reasons in a written document.

　　Article 10

　　After a representative office receiving the official document of approval， it shall register with the State Administration of Industry and Commerce in line with relevant rules.

　　The representative office shall move into its official premises within three months from the date on which the approval document is issued； the approval document shall automatically become invalid if the said deadline is not observed.

　　Article 11

　　Any foreign insurance institution that has already established no less than two representative offices in China shall be allowed to apply to CIRC to appoint one of its representative offices as a general representative office.

　　Article 12

　　In applying to appoint the general representative office， foreign insurance institutions shall submit a letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.

　　The application for setting up a general representative office is subject to the same rules governing the application of a representative office.

　　Chapter Ⅲ

　　Supervision and Administration

　　Article 13

　　The official title of the representative office shall be arranged in the following order： name of the foreign insurance institution + name of the city where the representative office is to be located + representative office； The official title of the representative office shall be arranged in the following order： name of the foreign insurance institution + general representative office in China.

　　Article 14

　　Except the principal responsible person， other major staff members shall be entitled “Representative” or “Deputy Representative”。

　　Article 15

　　Employees of representative office shall abide by Chinese laws and regulations， with high integrity and clean record.

　　Article

16

　　A general representative shall have a work experience above 8 years and hold a junior college degree or a higher academic degree； a chief representative shall have a work experience above 5 years， and hold a junior college degree or a higher academic degree.

　　Without a junior college degree， the general representative or chief representative shall have a work experience above 10 years in the insurance business.

　　Article 17

　　A maximum of three employees of foreign nationality are allowed in each representative office.

　　Article 18

　　A representative office and its employees shall not enter into any agreement or contract with any legal or natural persons， which might generate an income to the representative office or the foreign insurance institution it represents， and shall not be involved in business activities of any kind.

　　Article 19

　　A representative office shall have official premises， necessary office facilities and full-time staff.

　　Article 20

　　The General Representative or Chief Representative shall not work in two or more representative offices or any business institution in China.

　　Article 21

　　The General Representative or Chief Representative shall attend to the daily activities of the representative office on a permanent basis. If he or she consecutively stays away from the representative office for a period or more than one month， he or she shall delegate his or her responsibility as the General Representative or Chief Representative to a person specially appointed， and submit a written report to the local branch office of CIRC.

　　Article 22

　　A representative office shall submit two copies of its annual

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