Article 10 To apply for the establishment of an insurance brokerage company, the following conditions shall be met at the same time: (1) There are shareholders or promoters who meet the statutory conditions; (2) Having a company's articles of association that meet the requirements of the law; (3) Paid-in currency with a registered capital of not less than RMB 654.38+million; (4) Having a company name, organization and domicile that meet the requirements of the law; (5) The number of brokers holding the Qualification Certificate for Insurance Brokers (hereinafter referred to as the Qualification Certificate) shall not be less than half of the number of employees; (six) there are senior managers who meet the requirements of the China Insurance Regulatory Commission; (seven) other conditions required by laws and administrative regulations. Article 11 The legal name of an insurance brokerage company shall include the words "insurance broker". Article 12 Units and individuals that cannot invest in insurance brokerage companies according to laws, administrative regulations and relevant provisions of the China Insurance Regulatory Commission shall not become shareholders or promoters of insurance brokerage companies. Article 13 The qualifications of senior managers of insurance brokerage companies shall be examined by the China Insurance Regulatory Commission. The senior management personnel of an insurance brokerage company mentioned in these Provisions include the chairman, general manager and deputy general manager of the company. The contents and methods of the qualification examination for senior managers of insurance brokerage companies include the examination of application materials, investigation and talks, and examinations. The conversation shall be recorded, and conversation record shall be signed by the inspector and the inspected. The application materials, inspection of conversation record and inspection results are the important basis for the qualification examination of the inspected, and they are stored in the qualification file of the inspected together with the examination opinions of the China Insurance Regulatory Commission on the qualifications of the inspected. Article 14 In addition to holding the Qualification Certificate, the senior management of an insurance brokerage company shall meet one of the following conditions: (1) Having a bachelor's degree or above in economics, finance, insurance and law, and having been engaged in insurance brokerage or related work for more than three years; (2) Having a bachelor degree or above in non-economics, finance, insurance or law, and having been engaged in insurance brokerage or related work for more than five years; Engaged in insurance brokerage or related work 10 years or more, the academic requirements can be relaxed appropriately. Article 15 The establishment of an insurance brokerage company is divided into two stages: preparation and opening. Article 16 To apply for the establishment of an insurance brokerage company, the applicant shall submit the following materials to the China Insurance Regulatory Commission: (2) A feasibility report on the establishment, including market analysis, company development ideas, business development plan and profit forecast for the last three years, etc. ; (3) Corporate framework, including capital, equity structure or contribution ratio, organization, etc. ; (4) making plans; (five) the list of the preparatory personnel and a copy of their ID cards; (six) the resume of the person in charge of the preparation and his autographed statement of no criminal record and other bad records; (seven) other materials required by laws and administrative regulations. Article 17 The person in charge of the preparation of an insurance brokerage company shall meet the following conditions: (1) Having a college degree or above; (2) Having experience in insurance brokerage or related work; (3) Having no criminal record or other bad record. Article 18 The CIRC of China shall, within 30 days from the date of receiving the materials that meet the requirements, notify the applicant in writing whether to accept or not. Refuse to accept according to law, it shall explain the reasons; If it is accepted according to law, it shall be reviewed in accordance with these provisions. The applicant shall make a decision on whether to approve the preparation within six months from the date of receiving the materials, and notify the applicant in writing; If the preparatory establishment is not approved, the reasons shall be explained. Article 19 If an insurance brokerage company is established with the approval of the China Insurance Regulatory Commission, it shall set up a preparatory group and complete the preparatory work within six months from the date of approval; If the preparatory work is not completed within the time limit or fails to meet the opening standards, the original approval document will automatically become invalid. An insurance brokerage company shall not engage in any insurance brokerage activities during the preparation period. Article 20 After the preparatory work is completed, the applicant may apply to the China Insurance Regulatory Commission for starting business, and submit the following materials: (1) A report on the application for starting business; (2) Articles of association; (3) Internal management system, including organizational framework, decision-making procedures, business, financial and personnel systems, etc. ; (4) materials submitted by senior managers; (5) the roster of employees, a copy of the qualification certificate of employees and a copy of the ID card; (6) The register of shareholders, a copy of the business license of corporate shareholders, the financial statements of the last three years stamped with the financial seal of the shareholder unit, and a copy of the identity card of the natural person shareholder; (seven) a copy of the capital verification report issued by the accounting firm and the original vouchers for entry; (8) Computer software and hardware equipment; (9) documents certifying the right to use or ownership of the business premises; (10) Notice of pre-approval of enterprise name approved by the administrative department for industry and commerce; (eleven) other materials required by the China Insurance Regulatory Commission. Article 21 The China CIRC shall, within 30 days from the date of receiving the qualified application materials for business commencement, make a decision on approval or disapproval within 3 months, and notify the business commencement applicant in writing. If the business is not approved, the reasons shall be explained. Article 22 The application materials for the establishment of an insurance brokerage company shall be submitted in the format prescribed by the China Insurance Regulatory Commission. Article 23 An insurance brokerage company that has been approved to start business shall obtain an insurance brokerage business license (hereinafter referred to as the license) in accordance with regulations. An insurance brokerage company shall strictly abide by the license management system formulated by the China Insurance Regulatory Commission. After applying for or renewing a license, it shall be announced in a newspaper designated by the CIRC in China. Article 24 If an insurance brokerage company fails to start business for more than six months after its establishment without justifiable reasons, or if it stops business for more than six months after its opening, the CIRC of China may revoke its license. Article 25 The license is valid for three years, and the insurance brokerage company shall apply to the China Insurance Regulatory Commission for renewal of the license 60 days before the expiration of the license. If the applicant company has serious violations of laws and regulations, the China CIRC may refuse to renew the license; Those who have not obtained the license renewed by the China Insurance Regulatory Commission shall not continue to engage in insurance brokerage business. Chapter III Alteration and termination Article 26 The following matters of an insurance brokerage company shall be reported to the China Insurance Regulatory Commission for approval: (1) Amending the Articles of Association; (2) Change of registered capital; (3) Change of shareholders; (4) changing the organizational form; (5) changing the ownership structure; (6) Change of domicile; (seven) change of senior management personnel; (8) Changing the business scope; (9) Change of company name; (10) Separation and merger. (eleven) dissolution and bankruptcy; (twelve) other changes required by laws and administrative regulations. Article 27 If an insurance brokerage company is dissolved, cancelled or bankrupt according to law, it shall return its license to the China Insurance Regulatory Commission and make an announcement in a newspaper designated by the China Insurance Regulatory Commission. Chapter IV Qualification Article 28 Employees of an insurance brokerage company shall pass the qualification examination for insurance brokers uniformly organized by the China Insurance Regulatory Commission. Anyone with college education or above can sign up for the exam. Article 29 A person who has passed the qualification examination for insurance brokers may apply to the China CIRC for a qualification certificate. Persons applying for qualification certificates shall submit the following documents: (1) Certificate of passing the qualification examination of insurance brokers; (2) ID card or passport (copy); (3) Proof of previous behavior issued by the government agency at or above the street office where the unit or household registration is located; (4) Two recent bareheaded two-inch photos. Article 30 To apply for a qualification certificate, the following conditions shall be met: (1) At least 18 years old, with full capacity for civil conduct; (2) Good conduct, integrity and honesty, and good professional ethics; (3) Having not received criminal punishment or major administrative punishment in the five years before the application. Article 31 The China CIRC may directly grant the qualification certificate to an insurance broker who meets the qualification requirements stipulated by the China CIRC, and the specific measures shall be formulated separately. Article 32 The Qualification Certificate shall be uniformly printed by the China Insurance Regulatory Commission, and it is forbidden to forge, alter, lend, lease or transfer it. Article 33 The Qualification Certificate is the basic qualification of an insurance broker recognized by the China Insurance Regulatory Commission and has no effect as a practicing certificate. Article 34 An insurance brokerage company shall, in accordance with the provisions of the China Insurance Regulatory Commission, manage the qualifications of its employees. Article 35 "Practice Certificate of Insurance Broker" (hereinafter referred to as "Practice Certificate") is the certification document for insurance brokers to engage in insurance brokerage activities. Article 36 The practicing certificate shall be uniformly supervised by the China Insurance Regulatory Commission, and the insurance brokerage company shall be responsible for issuing it. An insurance brokerage company shall not issue a practice certificate to employees who have not obtained the qualification certificate. Thirty-seventh insurance brokers engaged in insurance brokerage business, should take the initiative to produce the "Practice Certificate". Article 38 If a person who has been punished for violating relevant laws, administrative regulations and rules and is prohibited from entering the insurance industry has obtained a qualification certificate, an insurance brokerage company shall not issue a practice certificate. If a practicing certificate has been issued, the insurance brokerage company shall be responsible for withdrawing the practicing certificate. Article 39 When an insurance broker with a practice certificate ceases to engage in insurance brokerage business or is transferred to another insurance brokerage company, the insurance brokerage company shall withdraw its practice certificate. Chapter V Operation and Management Article 40 The business area of an insurance brokerage company shall be approved by the China Insurance Regulatory Commission. An insurance brokerage company shall carry out insurance brokerage activities within the approved business area. Article 41 With the approval of the China Insurance Regulatory Commission, an insurance brokerage company may engage in the following businesses: (1) to draw up an insurance plan for the insured, select an insurer and go through the insurance formalities; (2) assisting the insured or the beneficiary to claim compensation; (3) Reinsurance brokerage business; (four) to provide disaster prevention, loss prevention or risk assessment and risk management consulting services for the client; (5) Other businesses approved by the China Insurance Regulatory Commission. Article 42 The brokerage business of an insurance brokerage company shall be consistent with the business scope and business area of the insurance company; However, when it comes to * * * insurance, off-site underwriting and master policy, it can be implemented according to the relevant regulations of the CIRC. Article 43 The resident personnel of an insurance brokerage company engaged in insurance brokerage business outside the place of registration shall go through the filing formalities in accordance with relevant regulations. Article 44 An insurance brokerage company shall not commit any of the following acts in its practice: (1) Engage in insurance brokerage business with institutions or individuals that illegally engage in insurance business or insurance intermediary business; (two) beyond the business scope approved by the China Insurance Regulatory Commission; (three) beyond the scope of authorization, damage the legitimate rights and interests of the client; (four) forgery, dissemination of false information, or other means to damage the reputation of the industry; (5) misappropriating or embezzling insurance premiums or insurance premiums or compensation; (six) to make false propaganda to customers, misleading customers to insure; (7) Concealing important information related to the insurance contract or not telling the applicant, the insured or the beneficiary the insurance declaration truthfully, and deceiving the applicant, the insured or the beneficiary; (8) Forcing, inducing or restricting others to conclude insurance contracts by taking advantage of administrative power, position or professional convenience and other improper means; (9) Malicious fraud of an insurance company in collusion with the applicant, the insured or the beneficiary; (10) Other acts that harm the interests of the applicant, the insured or the insurance company as determined by laws and administrative regulations. Article 45 An insurance brokerage company shall clearly inform its clients of its name, address, business scope, legal liabilities, etc., and explain the brokerage commission charged by the insurance brokerage company according to the clients' requirements. Article 46 An insurance brokerage company shall sign a written entrustment contract with the principal. Article 47 An insurance brokerage company shall open an independent special account for clients' funds. Article 48 An insurance brokerage company shall establish a detailed brokerage business record, recording the name of the customer, the insurance type of the broker, the various insurance premiums or insurance claims received on behalf of it, the premiums paid on behalf of it, the charging time and settlement time, the amount and time of collecting brokerage commissions, etc. Article 49 An insurance brokerage company shall pay the insurance premium that should be paid within the agreed time. Article 50 When handling business according to law, an insurance brokerage company shall collect brokerage commission as agreed by both parties. Article 51 An insurance brokerage company shall keep the business secrets of the parties it knows in the course of business operation. Article 52 The retention period of various business materials of an insurance brokerage company shall not be less than ten years from the date of termination of the insurance contract. Article 53 An insurance brokerage company shall deposit an operating margin of 65,438+05% of its registered capital, or purchase professional liability insurance in accordance with the provisions of the China Insurance Regulatory Commission. An insurance brokerage company shall, within 30 days from the date of opening, deposit the business deposit in full into the commercial bank designated by the China Insurance Regulatory Commission. Upon approval, an insurance brokerage company may deposit its business deposit into securities recognized by the China Insurance Regulatory Commission. Without the approval of the China Insurance Regulatory Commission, an insurance brokerage company may not use its business deposit. Chapter VI Supervision and Inspection Article 54 An insurance brokerage company shall timely submit relevant statements and materials to the China Insurance Regulatory Commission as required. All reports and materials submitted shall be signed by the legal representative of the company or its authorized person and stamped with the company seal. Article 55 All kinds of statements and materials submitted by an insurance brokerage company to the China CIRC shall be true, accurate and complete. Article 56 An insurance brokerage company shall, within 60 days after the end of each fiscal year, submit an audit report issued by an accounting firm and explanations of other relevant matters to the China Insurance Regulatory Commission. The accounting firm mentioned in the preceding paragraph shall meet the following conditions: (1) The accounting firm has been established for more than three years and has no bad records; (2) The internal organization and management system is sound; (3) There are more than 10 certified public accountants. Article 57 The China CIRC shall supervise and inspect the business activities of insurance brokerage companies according to law, and the insurance brokerage companies shall cooperate with them and provide relevant information as required. Article 58 The contents of the inspection of insurance brokerage companies by China CIRC mainly include: (1) the examination and approval procedures for the establishment or change of the company; (2) capital; (3) Business bond and professional liability insurance; (4) Operating conditions; (5) Financial status; (6) information system; (7) Management and internal control; (eight) the qualifications of senior management personnel; (9) Other matters that China CIRC deems necessary to review. Chapter VII Punishment Article 59 Whoever, in violation of these Provisions, establishes an insurance brokerage company without authorization shall be banned and fined between 654.38 million yuan and 500,000 yuan; Illegal income, if any, shall also be confiscated. Article 60 If an applicant obtains the approval of the China Insurance Regulatory Commission for the preparation or opening of business by providing false materials or other deceptive means, his qualification or license for preparation shall be revoked and he shall be fined between 654.38 million yuan and 500,000 yuan. Article 61 If an insurance brokerage company is merged, divided, dissolved or goes bankrupt without the approval of the China Insurance Regulatory Commission, it shall be given a warning and fined between 50,000 yuan and 300,000 yuan; If the circumstances are serious, the business scope shall be restricted, and it shall be ordered to suspend business for rectification or revoke its license. Article 62 If an insurance brokerage company changes its name, articles of association, registered capital, domicile, shareholding structure and shareholders without authorization, it shall be given a warning and fined between 654.38 million yuan and 654.38 million yuan. Article 63 If an insurance brokerage company commits any of the following acts, it shall be given a warning and fined at least 6,543,800 yuan but not more than 6,543,800 yuan: (1) Hiring a senior manager without obtaining the post qualification approved by the China Insurance Regulatory Commission; (two) without the consent of the China Insurance Regulatory Commission, in the name of the temporary person in charge or in other ways to designate senior management personnel; (three) due to special circumstances, the appointment of a temporary person in charge with the consent of the China Insurance Regulatory Commission, and the actual term of office is more than 3 months; (4) Failing to submit a copy of the appointment decision or disciplinary decision of the senior management to the China Insurance Regulatory Commission. Article 64 If an insurance brokerage company engages in insurance brokerage activities beyond the approved business scope or engages in insurance brokerage activities in different places in violation of regulations, it shall be given a warning and be fined between 654.38 million yuan and 500,000 yuan; If the circumstances are serious, the business scope shall be restricted, and it shall be ordered to suspend business for rectification or revoke its license. Article 65 If an insurance brokerage company engages in insurance brokerage business during the preparation period, it shall be given a warning and fined between 654.38 million yuan and 500,000 yuan. If there is illegal income, it shall be confiscated. If the circumstances are serious, the qualification for preparation shall be cancelled. Article 66 If an insurance brokerage company engages in insurance brokerage business with an institution or individual that illegally engages in insurance business or insurance intermediary business, it shall be given a warning and fined at least 5 times the illegal income 10 times. Article 67 If an insurance brokerage company issues a practice certificate in violation of the provisions of these Regulations, it shall be given a warning and fined between 654.38 million yuan and 50,000 yuan. Article 68 If an insurance brokerage company uses improper means such as administrative power, position or professional convenience to force, induce or restrict others to conclude an insurance contract, or conducts unfair competition by improper means, it shall be given a warning and fined between 654.38 million yuan and 500,000 yuan, and the illegal income, if any, shall be confiscated; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Article 69 If an insurance brokerage company misappropriates or encroaches on insurance premiums, insurance premiums or compensation in violation of these Provisions, it shall be given a warning and fined between 654.38 million yuan and 500,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Article 70 Where an insurance brokerage company colludes with customers to defraud insurance money, its illegal income shall be confiscated and it shall be fined at least 1 times but less than 3 times; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Article 71 If an insurance brokerage company disseminates false information in its business operations, which damages the reputation of others and causes adverse effects, it shall be given a warning and fined 1 10,000 yuan but not more than 50,000 yuan. Article 72 If an insurance brokerage company exceeds the scope of authorization, damages the legitimate rights and interests of customers, or colludes with others to defraud customers, it shall be given a warning and fined between 654.38 million yuan and 654.38 million yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Article 73 If an insurance brokerage company makes false capital contribution or withdraws capital contribution, it shall be ordered to suspend business for rectification and be fined between 654.38 million yuan and 500,000 yuan; If the circumstances are serious, the license shall be revoked. Article 74 If an insurance brokerage company provides false financial statements and materials or conceals important facts to the regulatory authorities, it shall be given a warning and fined between 654.38 million yuan and 500,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Article 75 If an insurance brokerage company discloses false or untrue information to its clients, misleads them to apply for insurance, or conceals important information related to insurance contracts from them, or fails to truthfully inform the policyholders of insurance statements, thus deceiving the policyholders, the insured or the beneficiaries, it shall be given a warning and be fined between 654.38 million yuan and 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Article 76 If an insurance brokerage company fails to open an account in accordance with the regulations, it shall be given a warning and fined from 6,543,800 yuan to 6,543,800 yuan; If the circumstances are serious, the business scope shall be restricted, and it shall be ordered to suspend business for rectification or revoke its license. Article 77 If an insurance brokerage company fails to pay the business deposit or take out professional liability insurance according to the regulations, it shall be given a warning and be fined between 654.38 million yuan and 654.38 million yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license. Seventy-eighth persons who are directly responsible for acts in violation of these provisions may be given a warning, ordered to replace or revoke their qualification certificates according to the seriousness of the case. Article 79. The senior management personnel of an insurance brokerage company who are directly responsible for the violation of these provisions may be disqualified for a certain period of time up to life, depending on the seriousness of the case. Article 80 Whoever, in violation of these Provisions, refuses or obstructs the supervision and inspection by the China Insurance Regulatory Commission according to law shall be given a warning and fined between 654.38 million yuan and 500,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.