Article 37 The Practice Certificate of Insurance Broker (hereinafter referred to as the Practice Certificate) is the license for insurance brokers to engage in insurance brokerage activities.
Thirty-eighth individuals who have obtained the qualification certificate must accept the employment of an insurance brokerage company, and the insurance brokerage company shall apply to the authorized institution of the People's Bank of China on their behalf, and can engage in insurance brokerage business only after obtaining the practice certificate.
Thirty-ninth insurance brokers engaged in insurance brokerage activities, should take the initiative to produce the "Practice Certificate" to accept supervision.
Fortieth in any of the following circumstances, you may not apply for a practicing certificate:
1. Current employees of party and government organs, armed forces, social organizations, enterprises and institutions;
2. Current employees of insurance companies and insurance associations;
3. Having received criminal punishment;
4. Being subject to administrative punishment or disciplinary action for violating relevant financial laws, administrative regulations and rules;
5. Being subject to criminal, administrative punishment or civil compulsory measures;
6. Other persons identified by the People's Bank of China as unsuitable for engaging in insurance brokerage business.
Article 41 The practicing certificate shall be uniformly printed and issued by the People's Bank of China, and shall be valid for three years. Within one month before the expiration of the validity period, apply to the original issuing authority for renewal. If there is any delay, the applicant must submit the supporting documents for completing the retraining requirements stipulated by the People's Bank of China.
Article 42 If an insurance broker with a practicing certificate applies to terminate the insurance brokerage business or transfer to another insurance brokerage company, it shall submit the practicing certificate and resignation notice to the original insurance brokerage company. An insurance brokerage company shall, within five days from the date of receiving the practice certificate, go through the cancellation procedures at the authorized institution of the People's Bank of China or the People's Bank of China.
Article 43 An insurance brokerage company shall place its license for insurance brokerage business in a prominent position in its business premises for supervision.
Article 44 An insurance brokerage company can only negotiate with the insurance company where the subject matter of insurance is located to handle direct insurance procedures.
Article 45 An insurance brokerage company and its employees shall not commit the following acts in the course of practice:
1. Damage the legitimate rights and interests of the client;
2. Making false and misleading advertisements or propaganda;
3. Misappropriating or embezzling insurance premiums or insurance premiums;
4. Collect remuneration from the insured and the insurer for concluding insurance contracts;
5. Pay premium rebates, commissions or other benefits to the insured in any way;
6. Run insurance agency business concurrently;
7. Failing to truthfully inform the insured of the statement;
8. Forcing, inducing or restricting the applicant to conclude an insurance contract by improper means such as administrative power, position or professional convenience;
9. Other acts prohibited by national laws, regulations and administrative rules.
Article 46 An insurance brokerage company shall earnestly perform the matters entrusted by the applicant, put forward an insurance plan and go through the insurance formalities.
Article 47 If losses are caused to the applicant and the insured due to the fault of the insurance brokerage company, the insurance brokerage company shall be liable for compensation.
Article 48 In the reinsurance brokerage activities, if losses are caused to the insurer due to the fault of the insurance brokerage company, the insurance brokerage company shall be liable for compensation.
Article 49 An insurance brokerage company can only choose one national commercial bank as its account opening bank, and shall open a special premium account and an expense current account respectively.
Article 50 An insurance brokerage company shall make a detailed accounting of the insurance premiums paid on its behalf and the various insurance compensation or insurance premiums collected, and record them one by one, and pay them within five working days from the date of receipt. Any amount exceeding 50,000 yuan must be paid on the second working day. Overdue is regarded as misappropriation.
Article 51 An insurance brokerage company accepts the entrustment of the applicant, goes through the insurance formalities with the insurance company, and collects the commission according to the relevant regulations of the Ministry of Finance; Handling claims and other procedures for the insured, and the insured pays the commission; Provide risk assessment and risk management consulting services to customers, and customers pay consulting fees.
Article 52 The commission standard of an insurance brokerage company shall be specified in the premium receipt. An insurance brokerage company shall not raise the commission standard without authorization or in disguised form.
Article 53 An insurance brokerage company shall not charge commissions for its own property and personal insurance.
Article 54 An insurance brokerage company must regularly submit its business and financial statements to the People's Bank of China according to regulations.
Article 55 An insurance brokerage company shall give priority to reinsurance business in China in accordance with the provisions of the Insurance Law.
Article 56 An insurance brokerage company shall not arrange statutory reinsurance business.
Article 57 An insurance brokerage company may settle reinsurance business on a monthly or commission basis.
Article 58 An insurance brokerage company must properly keep complete account books, original vouchers, original insurance documents and other important documents related to business activities for a period of ten years. Reinsurance brokerage business information shall be kept for 20 years.
Article 59 When an insurance brokerage company terminates its insurance brokerage business, it shall return the Insurance Brokerage Business License and practitioners' practice certificates it has received to the People's Bank of China. After being approved by the People's Bank of China and liquidated according to law, it shall go through the cancellation procedures with the administrative department for industry and commerce and make an announcement in the newspaper designated by the People's Bank of China.
Article 60 The People's Bank of China shall implement a system of daily inspection and annual inspection of insurance brokerage companies, including:
1. Whether the approval procedures for the establishment or change of the company are complete;
2. Whether the senior managers have passed the qualification examination;
3. Whether the company's capital and deposits are true and sufficient;
4. The qualification and practice of the company's employees;
5. Whether the company operates in compliance;
6. Whether the company's financial status is good, whether the financial system is sound, and whether the statements are complete and true;
7. Other matters that the People's Bank of China thinks need to be checked.
Chapter V Punishment Rules
Article 61 The People's Bank of China has the right to impose the following penalties on insurance brokers or insurance brokers who violate these Provisions:
1. fine;
2. Revoke the practice certificate or qualification certificate of the insurance broker;
3. Narrow the business scope of insurance brokerage companies;
4. Announce the insurance brokerage company to suspend business for rectification;
5. Revoke the insurance brokerage company's license to operate insurance brokerage business.
Article 62 Whoever establishes an insurance brokerage company without the approval of the People's Bank of China shall be banned by the People's Bank of China according to law. If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Article 63 Anyone who, in violation of these Provisions, engages in insurance brokerage business without obtaining a license, shall be banned by the People's Bank of China, and fined more than 5 times the illegal income 10 times. If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Article 64 If an insurance brokerage company employs a person who has not obtained the qualification certificate to carry out insurance brokerage business, the People's Bank of China shall order it to make corrections, give informed criticism a fine of one to five times the remuneration paid by the insurance brokerage company, but the maximum amount shall not exceed 50,000 yuan; If the circumstances are serious, the license of the insurance brokerage company to operate insurance brokerage business shall be revoked, and the administrative responsibility of the principal responsible person and the relevant responsible person shall be investigated. If it constitutes a crime, the judicial department shall investigate its criminal responsibility according to law.
Article 65 If an insurance brokerage company cheats the applicant, the insured or the beneficiary in the insurance brokerage business, the People's Bank of China shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the insurance brokerage business license shall be revoked. If the case constitutes a crime, the judicial department shall investigate the criminal responsibility according to law.
Article 66 In any of the following circumstances, the People's Bank of China shall order it to make corrections, and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan on individuals and a fine of not less than 50,000 yuan but not more than 500,000 yuan on companies; If the circumstances are serious, the practicing certificate, qualification certificate or insurance brokerage business license shall be revoked:
1. When applying for qualification certificate or practice certificate, the declaration is untrue;
2. Providing false reports, statements, documents and materials;
3. Refusing or obstructing the supervision and inspection of the People's Bank of China.
Article 67 Anyone who violates Articles 12 and 40 of these Provisions shall have his Qualification Certificate or Practice Certificate revoked by the People's Bank of China; If there are illegal gains, the illegal gains shall be confiscated.
Sixty-eighth insurance brokerage companies in violation of these provisions, one of the following circumstances, the people's Bank of China shall be ordered to correct. Illegal income, confiscate the illegal income, and impose a fine of not less than one time but not more than five times the illegal income. There is no illegal income, a fine of 50 thousand yuan and 500 thousand yuan; If the circumstances are serious, the main person in charge or the person directly responsible shall be investigated for administrative responsibility or ordered to suspend business for rectification.
1. Without the approval of the People's Bank of China, establishing an insurance brokerage relationship with an insurance company;
2. Beyond the business scope approved by the People's Bank of China;
3. Engaged in insurance agency business;
4 without the approval of the people's Bank of China to set up branches.
Sixty-ninth in violation of the provisions of article thirty-fourth, the people's Bank of China shall be ordered to make corrections, and impose a fine of fifty thousand yuan and three hundred thousand yuan; If the circumstances are serious, the insurance brokerage business license shall be revoked.
Article 70 In case of violation of Articles 42 and 44 of these Provisions, the People's Bank of China shall order it to make corrections, confiscate its illegal income, impose a fine of not less than 5,000 yuan but not more than 10,000 yuan on individuals, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan on companies; If the circumstances are serious, the practicing certificate or insurance brokerage business license shall be revoked.
Article 71 Anyone who violates Article 33, Article 45, Article 45, Article 49, Article 50, Article 51, Article 52, Article 53 and Article 54 of these Provisions shall be ordered by the People's Bank of China to make corrections and be fined between 10,000 yuan and 100,000 yuan.
Article 72 If an insurance brokerage company goes bankrupt, merges or is dissolved due to poor management, the qualification of the principal responsible person of the company as a senior manager of a financial institution within ten years shall be cancelled.
Chapter VI Supplementary Provisions
Article 73 The People's Bank of China shall be responsible for the interpretation of these Provisions.
Article 74 These Provisions shall come into force as of the date of promulgation.