Previously, the licenses examined and approved by the CBRC included banking license, trust license, financial leasing license, money brokerage license, consumer finance license, insurance license (including insurance agency license and insurance brokerage license) and so on. Decentralized and diversified management, it is difficult to meet the needs of unified management of licenses of banks and insurance institutions.
Therefore, in order to standardize and unify the license management of banking insurance institutions, China Banking Insurance Regulatory Commission promulgated the Measures for the License Management of Banking Insurance Institutions (hereinafter referred to as the Measures), which came into effect on July 65, 20021. The Measures uniformly manage the licenses of banks and insurance institutions, implement hierarchical management, and make arrangements around their development trends.
First, unify management regulations.
First of all, the Measures integrate licenses into three categories: financial licenses, insurance licenses and insurance intermediary licenses, and clarify the applicable objects of various licenses. If insurance licenses are integrated into two categories: insurance licenses and insurance intermediary licenses, the former is applicable to insurance institutions and their branches such as insurance groups (holding companies), insurance companies and insurance asset management companies, while the latter is applicable to insurance intermediary institutions such as insurance agency groups (holding companies), insurance brokerage groups (holding companies), insurance professional agencies, insurance brokerage companies and insurance concurrent agencies. Article 7 The date of approval of the insurance license is the date of approval of the establishment of the institution. The approval date of the insurance intermediary license is "the approval date of the insurance intermediary business qualification". The threshold of the former is much higher than that of the latter. Therefore, with the integration of insurance agency license and insurance brokerage license into insurance intermediary license, the phenomenon of capital bypassing insurance intermediary channels may also intensify.
Secondly, the Measures unify the licensing content, relevant procedures and penalties for violations, so as to optimize the allocation of regulatory resources and improve the regulatory framework for systemically important banks and insurance institutions. For example, in article 1 1, compared with the draft for comment, the "Measures" adds the provision that "the announcement of loss statement is the same as that of renewal or renewal of license", which realizes the unification of the announcement methods of new license, renewal license and lost license.
It is worth noting that regarding the procedures for obtaining a license, the Measures changed the provisions of the Measures for the Administration of Financial Licenses and the Measures for the Administration of Insurance Licenses. Article 6 and Article 9 clearly state that "a bank insurance institution shall, within 10 days from the date of receiving the administrative licensing decision or completing the filing or reporting, obtain a new license from the China Banking Regulatory Commission and its dispatched office or the issuing authority", which increases the responsibilities of the bank insurance institution through the requirements of methods and time limits. In addition, in Articles 10 and1of the Measures, the procedure for obtaining a license in case of damage or loss is changed from "application for collection" to "collection", which also strengthens the responsibility of bank insurance institutions.
Second, the implementation of hierarchical management.
In order to unify the provisions in the Measures for the Administration of Financial Licenses, that is, "CBRC authorizes financial licenses at different levels, and the authority for examination and approval of institutions is properly separated from the authority for issuing licenses" and "CIRC manages insurance licenses at different levels" in the Measures for the Administration of Insurance Licenses, on the one hand, the Measures clearly stipulate that the licenses of banking and insurance institutions shall be managed at different levels-China Banking Regulatory Commission is responsible for issuing and managing the licenses of banking and insurance institutions directly supervised by it, and the agencies dispatched by China Banking Regulatory Commission are responsible for issuing and managing them. On the other hand, it is emphasized that the CBRC and its dispatched offices should carry out special management of licenses in accordance with the principle of proper separation of administrative examination and approval and license management.
Specifically, the China Banking Regulatory Commission and its dispatched offices shall, in accordance with the provisions of the Measures, issue, renew and collect licenses for banking insurance institutions, strengthen the information management of banking insurance institutions' licenses, supervise and inspect the management, announcement and publicity of banking insurance institutions' licenses, and order those who violate the Measures to make corrections, give a warning and impose a fine.
Among them, in view of the fact that some institutions proposed that the original license could not be publicized in the business premises when handling specific business, the Measures changed the "failure to publicize the original license in the business premises as required" to "failure to publicize the license as required", which violated Article 18. Of course, the bank insurance institution shall publicize the original license in a prominent position in the business premises after the business is completed.
Third, conform to the development trend.
In line with the electronic development trend of the banking and insurance industry, Article 14 of the Measures requires banks and insurance institutions to conduct business through online platforms, and their business scope, business areas and main responsible persons should be clearly displayed on relevant web pages and functional modules. This is in line with the Measures for the Supervision of Internet Insurance Business, which came into effect on February 1 20265438. Insurance institutions engaged in Internet insurance business should establish an official website and set up an Internet insurance column to disclose information, including but not limited to the license (filing form) for operating insurance business.
At the same time, the Measures also adopt the working mode of "Internet+government services", and in Article 20, the CBRC is required to formulate standards for electronic licensing of bank insurance institutions to promote electronic licensing of bank insurance institutions. Article 16 of the Measures also requires the CBRC and its dispatched offices to establish a perfect license management information system to support the development of electronic certificates, and to disclose the relevant information of licenses according to law.
In addition, in article 12, compared with the exposure draft, the Measures supplement the closure of bank insurance institutions in the case of license cancellation, which is consistent with the direction of CBRC in exploring the market-oriented exit mechanism of high-risk bank insurance institutions in recent years, and is helpful to lay a tough battle to prevent and resolve financial risks.
Previously, in order to standardize and unify the procedures for the implementation of administrative licensing in the banking and insurance industries, the CBRC issued the Provisions on the Procedures for the Implementation of Administrative Licensing last year, which will be implemented on July 1 2020. With the implementation of the Administrative Measures on Licensing of Banking Insurance Institutions for one year, the CBRC has gradually established an administrative licensing system for overall supervision, which will give full play to the regulatory role of the administrative licensing system in the modern market economy while continuously improving.