1997 165438+ China people's bank1released on October 30th.
Chapter I General Provisions
first
In order to regulate the behavior of insurance agents, maintain the order of the insurance market and promote the healthy development of the insurance industry, these Provisions are formulated in accordance with the Insurance Law of People's Republic of China (PRC).
second
An insurance agent refers to a unit or individual who collects agency fees from the insurer on the basis of the insurer's entrustment and handles insurance business on behalf of the insurer within the scope authorized by the insurer.
essay
The insurance agents mentioned in these Provisions include professional agents, part-time agents and individual agents.
Article 4
These Provisions shall apply to all insurance agents engaged in insurance agency business approved by the People's Bank of People's Republic of China (PRC).
Article 5
Insurance agents engaged in insurance agency business must abide by the relevant laws, regulations and administrative rules of the state and follow the principles of voluntariness, honesty and credibility.
Article 6
If an insurance agent engages in insurance agency business within the scope authorized by the insurer, the insurer shall bear legal responsibility.
Article 7
The supervisory and administrative organ of insurance agents is the People's Bank of China. Without the approval of the People's Bank of China, no unit or individual may engage in insurance agency business.
Chapter II Qualifications
Article 8
Personnel engaged in insurance agency business must take the insurance agent qualification examination and obtain the insurance agent qualification certificate issued by the People's Bank of China (hereinafter referred to as the qualification certificate).
Article 9
All citizens of People's Republic of China (PRC) (China) who have reached the age of 18 and have a high school education or equivalent can sign up for the insurance agent qualification examination.
Article 10
The insurance agent qualification examination shall be organized and implemented by the People's Bank of China or its authorized institution.
Article 11
The branches of the People's Bank of China in provinces, autonomous regions, municipalities directly under the Central Government and Shenzhen Special Economic Zone (hereinafter referred to as provincial branches) issue qualification certificates to those who have passed the insurance agent qualification examination.
Article 12
"Qualification Certificate" is the qualification confirmation of the people's bank of China for those who have the ability to act as insurance agents, and shall not be used as the proof of exhibition industry.
Article 13
The qualification certificate is valid for three years. If the holder has not engaged in insurance agency business for three years from the date of receiving the qualification certificate, his qualification certificate will naturally become invalid.
Article 14
The following persons shall not apply for qualification certificates:
(1) Having received criminal punishment;
(2) Being punished for violating relevant financial and insurance laws, administrative regulations and rules;
(3) Other personnel that the People's Bank of China considers unsuitable to engage in insurance agency business.
Article 15
The qualification certificate shall be uniformly printed by the head office of China People's Bank.
Article 16
Anyone who has obtained the qualification certificate and is willing to engage in insurance agency business shall submit the qualification certificate to the insurance company for review. After unified authorization, an insurance company shall keep its qualification certificate and issue an Insurance Agent Exhibition Certificate to the agent, hereinafter referred to as the Exhibition Certificate.
Article 17
The Exhibition Certificate is uniformly printed by the head office of the People's Bank of China.
Chapter III Professional Agents
Article 18
A professional agent refers to an insurance agency specializing in insurance agency business. The insurance agency is organized as a limited liability company. Its name is XX City (region) XX Insurance Agency Co., Ltd.
Article 19
An insurance agency may act as an agent for property insurance companies and family life insurance companies, and the exhibition certificates of its agents shall be issued in accordance with the provisions of Article 16.
Article 20
An insurance agency must meet the following conditions:
(1) The minimum paid-in monetary capital is RMB 500,000;
(2) Having articles of association that meet the requirements;
(3) There are at least 30 agents holding exhibition certificates;
(4) Having qualified senior managers;
(5) Having a business place that meets the requirements.
Article 21
In the capital composition of an insurance agency, the capital of a single legal person does not exceed 65,438+00% of the total capital, the sum of the individual capitals does not exceed 30% of the total capital, and the individual capital does not exceed 5% of the total capital.
Article 22
Governments at all levels and their functional departments, legal institutions, banks and insurance companies may not invest in insurance institutions in any name.
Article 23
The establishment of an insurance institution has to go through two stages: preparation and opening.
Article 24
The establishment of an insurance agency shall be examined and approved by the provincial branch of the People's Bank of China. However, before approving its preparation, it should be filed with the head office of the People's Bank of China, and the preparation can only be carried out after the approval of the head office.
Article 25
The People's Bank of China shall approve the application for establishing an insurance agency within three months. If it is not approved within the time limit, the applicant shall not submit the same application again within six months.
Article 26
To apply for the establishment of an insurance agency, the following materials shall be submitted to the local branch of the People's Bank of China (in triplicate): (1) an application report for establishment;
(2) A feasibility report on the preparation;
(3) Preparation plan and background information of investors, including the date of establishment, examination and approval department, legal representative, registered capital, financial status in the last three years, etc. ;
(4) The ID number and resume of the individual shareholder;
(5) The name list, resumes and qualification certificates of the preparatory personnel;
(6) Other documents and materials required by the People's Bank of China.
Article 27
The establishment period of an insurance agency company is 6 months, and no insurance agency business activities may be carried out during the establishment period.
Article 28
When an insurance agency applies for starting business, it shall submit the following materials (in triplicate) to the provincial branch of the People's Bank of China:
(1) An application report;
(2) Articles of association;
(three) the qualification examination form and relevant materials and certificates of the proposed senior management personnel;
(4) documents certifying the ownership or right to use the business premises;
(five) a copy of the capital verification certificate and the original vouchers;
(6) Letter of intent on insurance agency contract signed with the insurance company;
(seven) other documents and materials required by the People's Bank of China.
Article 29
An insurance agency company that has been approved to start business can only start business after it is issued a license to operate insurance agency business by the provincial branch of the People's Bank of China where it is located and registered with the administrative department for industry and commerce.
Article 30
Employees of insurance supervision and management departments, insurance companies and insurance industry associations (trade associations) shall not work part-time in insurance agency companies.
Article 31
Insurance agency business scope:
(1) Acting as an agent to promote insurance products;
(two) the agent to collect insurance premiums;
(3) Assisting insurance companies in investigating and settling losses;
(4) Other businesses approved by the People's Bank of China.
Article 32
In addition to the qualification certificate, the senior management personnel of an insurance agency shall meet one of the following conditions:
(1) Having a junior college degree or above in insurance, having been engaged in insurance work for more than three years, or having been engaged in economic work for more than ten years; (2) Having a college degree or above in non-insurance major, having been engaged in insurance work for more than five years, or having been engaged in economic work for more than twelve years;
(three) with a high school education, engaged in insurance work for more than eight years or engaged in economic work for more than fifteen years;
(four) engaged in economic work for more than twenty years.
Article 33
If an insurance agency fails to start business within three months from the date of approval, the People's Bank of China has the right to revoke its insurance agency business license.
Article 34
An insurance agency that changes the following matters shall be reported to the provincial branch of the People's Bank of China for approval:
(1) Amending the Articles of Association.
(2) Change of capital;
(3) Change of shareholders;
(4) adjusting the business scope;
(5) Change of business premises;
(6) Change the name of the company;
(seven) other changes stipulated by the people's Bank of China.
An insurance institution that changes its senior management personnel must report to the provincial branch of the People's Bank of China where it is located for qualification examination.
Article 35
The provincial branch of the People's Bank of China shall conduct an annual inspection of the insurance agency companies within its jurisdiction in the first quarter of each year. The inspection contents include:
(a) whether the establishment of institutions or important matters are subject to the examination and approval procedures as required;
(two) whether the senior management personnel perform the qualification examination procedures in accordance with the provisions;
(three) whether the contents of the application materials are consistent with the actual situation;
(4) Whether the capital is true and sufficient;
(five) whether to implement the insurance agency contract according to the regulations;
(six) whether there is beyond the scope of business or other illegal business practices;
(seven) whether the enterprise is operating well;
(eight) whether the business premises meet the requirements;
(9) Other matters that the People's Bank of China deems necessary to be inspected.
Article 36
Insurance agencies shall submit financial statements and related statements to the provincial branches of the People's Bank of China in a timely manner as required.
Article 37
Without approval, an insurance agency may not set up a branch.
Article 38
An insurance institution applying for closure, bankruptcy, dissolution or merger shall report to the People's Bank of China for approval in accordance with the application procedures at the time of establishment.
Article 39
When an insurance agency terminates its business activities, it shall return its insurance agency business license, go through the cancellation formalities with the administrative department for industry and commerce with the notice of the People's Bank of China, and make an announcement in the newspaper designated by the People's Bank of China.
Chapter IV Part-time Agents
Article 40
Part-time agent refers to the unit entrusted by the insurer to engage in self-operated business and designate a special person to handle insurance business for the insurer.
Article 41
A part-time insurance agent must meet the following conditions:
(1) Having the qualification of a legal person or being authorized by the legal representative;
(2) Personnel with qualification certificates are engaged in insurance agency business;
(3) Having a business place that meets the requirements.
Article 42
A part-time agent must hold a license to engage in insurance agency business (part-time business) before engaging in insurance agency business.
Article 43
The license for operating insurance agency business (part-time business) shall be applied by the insurance company represented.
To apply for an insurance agency business (part-time business) license, the following documents shall be submitted to the local branch of the People's Bank of China:
(1) An application report;
(2) Letter of intent for the insurance agency contract;
(three) the credit certificate and related materials of the part-time agent;
(4) Resume and qualification certificate of the person in charge of the insurance agency business.
Article 44
Business scope of part-time agents:
(1) Acting as an agent to promote insurance products;
(2) The agent collects the insurance premium.
Article 45
Part-time agents can only represent the insurance business that is directly related to the industry and can provide convenience for the insured.
Article 46
Party and government organs and their functional departments shall not concurrently engage in insurance agency business.
Article 47
The detailed rules for the examination and approval and management of part-time insurance agents shall be formulated separately by the provincial branches of the People's Bank of China and reported to the Head Office for the record.
Chapter V Personal Agents
Article 48
An individual agent refers to an individual who accepts the entrustment of an insurer, collects agency fees from the insurer and handles insurance business on his behalf within the scope authorized by the insurer.
Article 49
Sixteenth whoever has obtained the "Qualification Certificate" and applied for personal agency business will be awarded the "Exhibition Certificate".
Article 50
Anyone who holds a qualification certificate and applies to engage in personal agency business must sign an insurance agency contract with an insurance company, hold a certificate of exhibition industry issued by the insurance company, and be engaged in insurance agency business only after the insurance company reports to the local branch of the People's Bank of China for the record.
Article 51 The business scope of an individual agent:
(1) Acting as an agent to promote insurance products;
(2) The agent collects the insurance premium.
Article 52
An individual agent may not handle enterprise property insurance business or group personal insurance business.
Article 53
No individual may engage in personal insurance agency business part-time.
Article 54
An individual agent may not issue an insurance policy.
Chapter VI Practice Management
Article 55
The insurance agent can only be insurance agency business, an insurance company approved by the People's Bank of China.
Article 56
The insurance agent can only be insurance agency business, an insurance company registered in the administrative area approved by the People's Bank of China.
Article 57
An insurance agent who represents life insurance business can only handle business for one life insurance company.
Article 58
An insurance agent engaged in insurance agency business shall not commit any of the following acts:
(1) Changing the insurance clauses without authorization, raising or lowering the insurance premium rate;
(2) Using administrative power, position or professional convenience to force or induce the insured to purchase a designated policy;
(3) Forcing, inducing or restricting the applicant and the insured to apply for insurance or change insurance companies by improper means; (4) colluding with the applicant, the insured or the beneficiary to deceive the insurance company;
(5) Making incorrect or misleading propaganda to other insurance companies and insurance agents;
(6) Acting as an agent for reinsurance business;
(7) Issuing insurance policies in the name of agents;
(eight) misappropriation or embezzlement of insurance premiums;
(nine) to collect additional fees such as consulting fees from the insured;
(10) concurrently engaging in insurance brokerage business.
(eleven) other acts that harm the interests of insurance companies, policyholders and insured as determined by the People's Bank of China.
Article 59
When an insurance agent applies for property insurance or personal insurance with an insurance company, it is deemed that the insurance company directly underwrites the business, and the insurance agent may not withdraw agency fees from it.
Article 60
Insurance agents (except individual agents) shall conduct separate accounting for insurance agency business.
Article 61
Insurance agents (except individual agents) must be inspected by the People's Bank of China on their business status, account books, business records and receipts.
Article 62
Insurance companies must establish and improve the registration and cancellation files entrusted by their agents, and at the same time file them with the People's Bank of China.
Article 63
If the People's Bank of China considers that the insurance agent is unqualified after examination, it will issue a notice to revoke the insurance agency business license, insurance agency business (part-time) license or personal agent qualification certificate. The insurance company must immediately terminate the agency contract signed with the agent.
Article 64
The validity period of the License for Operating Insurance Agency Business or the License for Operating Insurance Agency Business (part-time) issued by the People's Bank of China is three years, and the holder shall apply for a new license within two months before the expiration of the validity period. When applying for renewal, you must present the latest annual inspection report of the People's Bank of China, insurance agency contract, insurance agency business license or insurance agency business license (part-time) and an application for renewal of a new certificate. After examination and approval, the holder must return the original license before issuing a new license.
Article 65
An insurance agency must put the license, business license and insurance agency contract for operating insurance agency business in a prominent position in the office or business premises for the supervision and administration department and the insured to consult. A part-time agent must place the insurance agency business license (part-time) and insurance agency contract in a prominent position in the office or business premises for inspection by the supervision and management department and the insured.
Chapter VII Insurance Agency Contract
Article 68
When an insurance company entrusts an insurance agent insurance agency business, it shall follow the principles of equality, mutual benefit and voluntariness and sign an insurance agency contract.
Article 69
The contents of an insurance agency contract include:
(1) Names of both parties to the contract;
(two) the scope of authority of the agency;
(3) the geographical scope of the agency;
(4) the term of agency;
(5) Insurance agents;
(six) the way and time limit for payment of insurance premiums;
(seven) the payment standard and method of agency fees (except for individual agents, the fees must be paid by transfer check);
(8) Liability for breach of contract;
(9) Dispute settlement.
Article 70
An insurance company shall sign a formal agency contract with an insurance agency only after verifying the insurance agency business license and industrial and commercial administration registration documents issued by an insurance agency or the insurance agency business license (part-time job) issued by an insurance agent, and send the insurance agency contract to the local people's bank for the record.
Article 71
After the insurance agent terminates the agency relationship with the insured company, it shall deliver all kinds of documents, materials and unpaid premiums of the insured company to the insured company as agreed.
Chapter VIII Punishment
Article 72
Anyone who, in violation of these provisions, engages in insurance agency business without obtaining the Insurance Agency Business License or the Insurance Agency Business License (part-time) shall be banned by the People's Bank of China in accordance with the provisions of the Insurance Law of People's Republic of China (PRC), and his illegal income shall be confiscated, and a fine of not less than five times but not more than ten times his illegal income shall be imposed. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Article 73
Those who set up insurance agency companies without approval shall be punished by the People's Bank of China in accordance with relevant laws and administrative regulations.
Article 74
If an insurance agency violates these provisions and commits any of the following acts, the People's Bank of China shall, according to the provisions of Article 140 of the Insurance Law of People's Republic of China (PRC), order it to make corrections and impose a fine of more than 50,000 yuan/kloc-0,000 yuan: (1) Providing false reports, statements, documents and materials; (2) Refusing or obstructing the supervision and inspection of the People's Bank of China.
Article 75
In violation of the provisions, one of the following acts shall be ordered by the People's Bank of China to make corrections, confiscate the illegal income, and impose a fine of more than 5,000 yuan and less than 10,000 yuan on individuals, and a fine of more than 10,000 yuan and less than 30,000 yuan on units:
(1) Acting as an insurance company without the approval of the People's Bank of China;
(two) in the business operation, beyond the scope of business approved by the people's Bank of China;
(3) Acting for more than two life insurance companies.
(4) Acting as an agent for insurance companies registered outside the administrative region;
(5) An insurance agent takes out property insurance or life insurance from an insurance company, and draws a handling fee from it or asks the parties for additional remuneration.
Article 76
Whoever, in violation of the provisions of this Ordinance, cheats the applicant, the insured or the beneficiary in the insurance agency business shall be ordered by the People's Bank of China to make corrections in accordance with the provisions of the Insurance Law of People's Republic of China (PRC), and a fine of not less than 5,000 yuan but not more than 10,000 yuan shall be imposed on the individual, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on the unit; If the circumstances are serious, its qualification certificate, insurance agency business license or insurance agency business license (part-time) shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 77
If the insurance agent defaults or misappropriates the insurance premium, the People's Bank of China will give a warning according to the seriousness of the case, and impose a fine of more than 5,000 yuan 1 10,000 yuan, and a fine of more than 30,000 yuan 1 10,000 yuan. If the case constitutes a crime, the judicial organ shall investigate the criminal responsibility according to law.
Article 78
Insurance companies issue exhibition certificates to those who have not obtained qualification certificates, or insurance companies or insurance agency companies employ those who have not obtained exhibition certificates to engage in insurance agency business. The People's Bank of China has the right to give a warning to the insurance company or insurance agency according to the seriousness of the case, and impose a fine of more than 1000 yuan and less than 1 10,000 yuan on the directly responsible person, and a fine of more than 5,000 yuan and less than 30,000 yuan on the unit.
Chapter IX Supplementary Provisions
Article 79
Unless otherwise provided by laws, regulations and rules, these provisions shall apply to foreign-funded insurance companies and Sino-foreign joint venture insurance companies conducting business through insurance agents.
Article 80
The head office of the People's Bank of China shall be responsible for the interpretation of these Provisions, and the same shall apply to the revision.
Article 81
Provinces, autonomous regions, municipalities directly under the Central Government and Shenzhen Special Economic Zone branches of the People's Bank of China may formulate detailed implementation rules according to these provisions.
Article 82
These Provisions shall come into force as of the date of promulgation, and the Interim Provisions on the Administration of Insurance Agents promulgated by the People's Bank of China on February 2nd shall be abolished at the same time.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.