(1) Partnership enterprises;
(2) Limited liability companies;
(3) joint-stock companies. The establishment of an insurance agency shall meet the following conditions:
(1) Its registered capital or contribution has reached the minimum amount as stipulated in the present Provisions;
(2) The articles of association or partnership agreement are in compliance with the law;
(3) The senior management personnel meet the qualification requirements of these Provisions;
(4) The number of employees holding the Qualification Certificate for Insurance Agency Practitioners (hereinafter referred to as the Qualification Certificate) is more than 2, and shall not be less than half of the total number of employees;
(5) Having a sound organizational structure and management system;
(6) Having a fixed residence or business premises suitable for its business scale;
(7) Having computer software and hardware facilities suitable for conducting business;
(8) At least one insurance company has issued a letter of intent. Units or individuals that are prohibited by laws and administrative regulations from investing in enterprises may not become sponsors, shareholders or partners of insurance institutions.
Employees of insurance companies investing in insurance institutions shall inform their insurance companies. To apply for the establishment of an insurance agency, the following materials shall be submitted to the China Insurance Regulatory Commission in duplicate:
(1) An application for the establishment of an insurance agency signed by all shareholders, promoters or partners;
(2) A power of attorney to apply for the establishment of an insurance agency;
(3) Articles of association or partnership agreement;
(4) Copies of identity certificates and resumes of natural person shareholders, promoters or partners, business licenses of non-natural person shareholders and promoters, and financial statements for the latest 65,438+0 years with financial seals;
(5) A copy of the capital verification certificate issued by a legally qualified capital verification institution and the original voucher for entry;
(six) feasibility report, including market analysis, business development plan for the past three years, etc. ;
(seven) a copy of the notice of pre-approval of the enterprise name;
(eight) internal management system, including organizational framework, decision-making procedures, business, financial and personnel systems. ;
(nine) the business service standards of this institution;
(ten) the qualification application materials for the proposed senior management personnel and the copy of the qualification certificate of the business personnel;
(eleven) a letter of intent issued by the insurance company;
(12) documents certifying the domicile or business premises;
(thirteen) computer hardware and software configuration. Within 1 year after the establishment of an insurance agency, three insurance agency branches can be established. To apply for the establishment of an insurance agency branch, the following conditions shall be met:
(1) There was no major violation of laws and regulations before the application 1 year;
(2) The internal control system is sound;
(3) The main person-in-charge to be appointed meets the qualification requirements of these Provisions;
(4) The existing insurance agency branches are operating normally;
(5) The registered capital or contribution meets the requirements of these Provisions. If an insurance agency reaches the minimum amount of registered capital or capital contribution as stipulated in these Provisions, three insurance agency branches may be established. In addition, each application for the establishment of an insurance agency branch shall at least increase the registered capital or contribute RMB 200,000.
When applying for the establishment of an insurance agency branch, if the registered capital or capital contribution of the insurance agency reaches the amount after capital increase as stipulated in the preceding paragraph, the corresponding registered capital or capital contribution may not be increased.
If the registered capital or capital contribution of an insurance agency reaches 2 million yuan, it is not necessary to increase the registered capital or capital contribution to set up an insurance agency branch. An insurance agency applying for the establishment of an insurance agency branch shall submit the following materials in duplicate:
(1) An application form for the establishment of a branch of an insurance agency;
(2) Resolutions of the board of directors or all partners on the establishment of insurance agency branches;
(3) The internal management framework of the insurance agency branch to be established;
(4) An audit report of the insurance agency in the previous fiscal year issued by an accounting firm;
(5) An explanation of the insurance institution's acceptance of supervision and inspection by insurance supervision, industry and commerce, taxation and other departments in the previous year 1 year, and relevant annexes;
(six) the insurance agency's performance of the insurance agency contract in the previous two years;
(seven) the application materials for the qualifications of the main person in charge to be appointed;
(8) Certification documents of the business place;
(9) Description of computer hardware and software equipment.
If it is necessary to increase the registered capital or contribute capital, it shall also submit a capital verification certificate issued by a legally qualified capital verification institution and a copy of the original documents recording the capital. China CIRC shall examine the application for establishing an insurance agency or insurance agency branch according to law, and make a decision of approval or disapproval within 20 days from the date of accepting the application. If it decides not to approve, it shall notify the applicant in writing and explain the reasons.
China CIRC may organize on-site inspection and acceptance according to actual needs. If the CIRC of China decides to approve the establishment of an insurance agency or insurance agency branch, it shall issue a license to the applicant.
After obtaining the license, the applicant shall go through the industrial and commercial registration in accordance with the relevant regulations and obtain the business license before starting business. An insurance agency shall deposit a deposit or participate in professional liability insurance.
Where an insurance agency deposits a deposit, it shall deposit 20% of its registered capital or capital contribution within 20 days from the date of industrial and commercial registration.
Where an insurance agency increases its registered capital or capital contribution, it shall increase the amount of deposit accordingly. The deposit of an insurance agency shall be deposited in bank deposits or other forms recognized by the China Insurance Regulatory Commission.
Where deposits are made in the form of bank deposits, special accounts shall be set up in national commercial banks for deposit. The deposit agreement shall stipulate: "Without the written approval of the China Insurance Regulatory Commission, the insurance institution shall not use or dispose of the deposit without authorization. If the bank fails to fulfill its obligation of review, it shall bear joint and several liability for the debts of the insurance institution within the scope of passive margin. " An insurance agency shall submit a copy of the deposit agreement to the China Insurance Regulatory Commission within 10 days from the date when the deposit account is deposited in a commercial bank.
An insurance agency shall submit a special report on its deposit management in the previous year to the China Insurance Regulatory Commission before 1 every year.
Article 24 An insurance agency shall not use the deposit except in the following circumstances:
(1) Reduction of registered capital or contribution.
(2) The liquidation procedures that meet the requirements. Where an insurance agency applies for using the deposit due to the reduction of registered capital or capital contribution, it shall submit the following materials to the China Insurance Regulatory Commission:
(1) an application;
(2) Certification materials of industrial and commercial change registration related to the reduction of registered capital or capital contribution. Where an insurance institution enters the liquidation procedure in accordance with these Provisions and applies for using the deposit, the liquidation group shall submit the following materials to the China Insurance Regulatory Commission:
(1) an application;
(2) liquidation plan;
(3) Various recovery vouchers and other materials issued by insurance companies;
(4) Original license.
Where an insurance institution is dissolved, it shall also be submitted to the shareholders' meeting, the shareholders' general meeting or the resolutions of all partners on dissolution and liquidation; Where an insurance agency is declared bankrupt according to law, relevant documents shall also be submitted. The insurance agency license is valid for 2 years, and the insurance agency shall apply to the China Insurance Regulatory Commission for renewal 30 days before the expiration of the validity period. When applying for license renewal, an insurance agency shall submit the following materials:
(1) an application;
(2) The original license;
(3) An audit report of the previous fiscal year issued by an accounting firm;
(4) Balance sheet and profit and loss statement before application 1 at the end of the month;
(5) A description of the compliance with insurance regulatory laws and regulations in the previous two years;
(6) Explanations and relevant annexes on the supervision and inspection of the institution by insurance supervision, industry and commerce, taxation and other departments in the previous two years;
(seven) a description of the organization and supervision of the insurance industry in the previous two years;
(8) A description of the performance of insurance agency contracts by this institution in the previous two years. Under any of the following circumstances, the China CIRC will not renew the license:
(1) Failing to conduct business for six consecutive months before applying for license renewal;
(two) internal management confusion, unable to operate normally;
(three) senior management personnel and business personnel do not meet the requirements of these provisions;
(4) Failing to pay the supervision fee as required. Insurance agencies and their branches shall not forge, alter, lease, lend or transfer their licenses.
Article 2 In any of the following circumstances, the change and termination of an insurance agency shall be reported to the China CIRC for approval:
(1) Change of registered capital or contribution;
(2) change the organizational form. Where an insurance agency changes its registered capital or capital contribution, it shall submit the following application materials in duplicate to the China CIRC:
(1) An application form for the change of insurance agency;
(2) Resolutions of shareholders' meeting, shareholders' meeting or all partners;
(3) A copy of the identity certificate and resume of the newly added natural person shareholder or partner, a copy of the business license of the newly added non-natural person shareholder and the financial statements of the latest 1 year stamped with the financial seal of the unit;
(4) A capital verification certificate issued by a legally qualified capital verification institution;
(5) The revised articles of association or partnership agreement;
(six) to reduce the registered capital or capital contribution, it shall submit the certificate that it has been announced in the newspaper for at least three times;
(seven) other materials as prescribed by the China Insurance Regulatory Commission. An insurance agency applying to change its organizational form shall meet the conditions for establishing a new organizational form, and submit the following application materials in duplicate to the China Insurance Regulatory Commission:
(1) An application form for the change of insurance agency;
(2) Resolutions of shareholders' meeting, shareholders' meeting or all partners;
(3) The revised articles of association or partnership agreement;
(4) Implementation plan;
(5) Other materials required by the CIRC of China. In any of the following circumstances, an insurance agency shall, within 5 days from the date of handling the industrial and commercial change registration, report in writing to the China Insurance Regulatory Commission:
(1) The name is changed;
(2) The domicile or business premises are changed;
(3) Changes in shareholders or investors;
(4) The names of the promoters, shareholders or investors are changed. In any of the following circumstances, an insurance agency branch shall, within 5 days from the date of handling the industrial and commercial change registration, report in writing to the China Insurance Regulatory Commission:
(1) The name is changed;
(2) The business premises are changed. Under any of the following circumstances, an insurance agency shall submit a written report to the China Insurance Regulatory Commission within 5 days from the date of making the relevant resolution or decision, and submit the relevant resolution or decision, revised articles of association or partnership agreement to the China Insurance Regulatory Commission:
(a) change the ownership structure or the proportion of capital contribution;
(2) Amending the articles of association or partnership agreement. If the change of an insurance agency and its branches involves the contents recorded in the license, it shall return the original license and obtain a new license.
The change mentioned in the preceding paragraph shall be approved by the China Insurance Regulatory Commission, and the insurance agency and its branches shall obtain a new license from the China Insurance Regulatory Commission within 2 months from the date of making the approval decision; Where the change mentioned in the preceding paragraph does not require the approval of the China Insurance Regulatory Commission, the insurance agency and its branches shall obtain a new license from the China Insurance Regulatory Commission within 1 month from the date of industrial and commercial change registration. Under any of the following circumstances, the insurance agency and its branches shall make an announcement in the newspaper designated by the China Insurance Regulatory Commission within 5 days from the date of making the change decision:
(a) change the name;
(2) Change of domicile or business premises. If an insurance agency is under any of the following circumstances, the China CIRC shall go through the formalities for cancellation of the license according to law and make an announcement:
(a) the license expires and no application for renewal has been made;
(two) the license expires, and the China Insurance Regulatory Commission shall not extend it according to law;
(3) The business license has been revoked by the administrative department for industry and commerce according to law;
(4) Failing to carry out insurance agency business for six consecutive months;
(5) The license has been withdrawn or revoked according to law;
(6) The insurance institution is dissolved, revoked or declared bankrupt according to law;
(seven) other circumstances in which the license shall be cancelled according to laws and administrative regulations.
An insurance agency whose license has been revoked in accordance with the preceding paragraph shall set up a liquidation group according to law, organize liquidation according to legal procedures, and submit a liquidation report to the China Insurance Regulatory Commission. In any of the following circumstances, the China CIRC shall go through the formalities for cancellation of the license according to law and make an announcement:
(a) the license of the insurance agency is cancelled according to law;
(2) The business license has been revoked by the administrative department for industry and commerce according to law;
(3) Failing to carry out insurance agency business for six consecutive months;
(4) The license has been withdrawn or revoked according to law;
(5) Other circumstances in which the license shall be cancelled according to laws and administrative regulations.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.