(a) overall planning, rational layout;
(2) Prudent decision-making and strict management;
(3) standard procedures and excellent quality;
(four) to ensure the operation and strengthen the service. Article 5 The establishment of a branch of an insurance company is divided into two stages: preparation and opening. Chapter II Conditions for Preparation Article 6 Where the registered capital of an insurance company is 200 million yuan, the registered capital of not less than 20 million yuan shall be increased for each application for establishing a provincial branch outside its domicile. If the registered capital is more than 500 million yuan, it may not be increased. Article 7 Where an insurance company establishes a branch outside the province where it is registered, it shall have been in business for two years. Except for professional insurance companies. Article 8 When an insurance company establishes a branch, it shall conduct market investigation and feasibility demonstration, and formulate a scientific plan. The establishment planning of branches should fully consider their own business strategy, capital strength, management and control ability, talent reserve, local economic and social development, market environment, competition degree and other factors. Article 9 An insurance company applying for the establishment of a provincial branch shall meet the following conditions:
(1) Conforming to its own development plan. Among them, if an insurance company established within three years sets up a provincial branch, which is inconsistent with the development plan submitted when the company was established, it shall explain the reasons;
(two) the solvency of the first year and two consecutive quarters before the application is submitted;
(3) The category of classified supervision in the previous year and two consecutive quarters before submitting the application shall not be lower than Category B;
(4) Good corporate governance and sound internal control.
(5) Having a sound branch management system;
(six) in the last two years, it has not been subject to major administrative punishment by the financial regulatory agency;
(7) There is no case where the applicant or its management personnel are suspected of major illegal crimes due to their work behavior and are being investigated by the financial regulatory agency or the judicial organ;
(8) The established provincial branches are operating normally, and no provincial branches have withdrawn from the market in the last two years;
(9) Having a person in charge of the preparatory establishment who meets the qualifications of senior managers of provincial branches;
(10) Other conditions as prescribed by the China Insurance Regulatory Commission. Article 10 To apply for the establishment of a branch other than a provincial branch, the following conditions shall be met:
(a) in line with the applicant's own development plan;
(2) The solvency of the insurance company has reached sufficient Class I in the last year and two consecutive quarters before submitting the application;
(3) The classified supervision category of the insurance company in the previous year and two consecutive quarters before the application is submitted is not lower than Category B, and the classified supervision category of the provincial branch in the previous year and two consecutive quarters before the application is submitted is not lower than Category C;
(4) Good corporate governance and sound internal control.
(5) The applicant has a sound branch management system;
(6) Where an application for establishment is made in a province, autonomous region or municipality directly under the Central Government other than the domicile of the insurance company, the local provincial branch has opened;
(7) The direct management organization at the higher level of the proposed institution has been in business for three months. Provincial branches are not subject to this restriction when they set up branches in their local cities;
(8) The internal control of the direct management institution at the higher level of the proposed institution is sound;
(9) Having a person in charge of the preparation meeting the qualifications of the principal responsible person of the proposed institution. Article 11 To apply for the establishment of a branch other than a provincial branch, the following circumstances shall not apply:
(1) The applicant or the provincial branch of the proposed institution has been severely punished by the financial regulatory agency in the last two years;
(2) The applicant or its management personnel are being investigated by the financial regulatory agency or judicial organ because of their work behavior suspected of major crimes;
(3) Other branches within the jurisdiction of the Insurance Regulatory Bureau where the proposed institution is located have been subject to major insurance administrative penalties in the last six months;
(4) Within the jurisdiction of the Insurance Regulatory Bureau where the proposed institution is located, three or more branches have been subject to insurance administrative punishment in recent 1 year;
(5) The institution directly under the control of the higher level of the institution to be established has been subject to insurance administrative punishment in the last six months. Article 12 Where an applicant applies for the establishment of a branch other than a provincial branch, the operation of other branches within the jurisdiction of the Insurance Regulatory Bureau where the proposed institution is located shall not be under any of the following circumstances:
(a) the main person in charge or the temporary person in charge is not full;
(two) there is no stable and standardized business premises;
(3) It has been closed for more than three months. Except that the suspension of business has been reported to the insurance supervision and administration institution;
(four) there are major internal control defects, and have not been rectified;
(5) Cancellation of three or more branches in the last year;
(6) The business premises of the same branch have changed more than twice or the principal responsible person has changed more than three times in the last year;
(seven) in the last six months, there have been more than 50 group petitions and group complaints, or more than 100 abnormal centralized surrender events, which have a relatively bad impact;
(eight) other circumstances identified by the insurance regulatory agency. Thirteenth professional insurance companies to apply for the establishment of branches, should have professional characteristics, the main business is outstanding. Article 14 Where a branch of an insurance company is converted into a branch of other levels, it shall meet the following conditions in addition to the preparation conditions stipulated in these Measures:
(1) Reconstruction is necessary and reasonable;
(two) the possible impact of reconstruction has been fully evaluated and feasible countermeasures have been put forward. Chapter III Opening Standards Article 15 The names of branches of insurance companies shall be legal and standardized. All branches of the same insurance company shall maintain uniform naming rules. Article 16 The opening of a branch of an insurance company shall meet the following standards:
(a) the ownership of the business premises is clear, the safety, fire protection and other facilities meet the requirements, and the use area, service life and functional layout meet the business needs. In principle, the continuous use time of the business premises shall not be less than two years;
(two) the office equipment is fully equipped and running normally;
(3) The information system meets the regulatory requirements.
(4) The internal control system is perfect;
(5) The proposed senior manager or principal responsible person meets the post requirements;
(six) the staff of specific positions meet the requirements of professional qualifications as prescribed by laws and regulations. The staff have been trained and meet the post requirements;
(7) The products, documents and service capabilities meet the operation requirements;
(eight) did not start insurance business during the preparation period;
(9) Other conditions stipulated by the China Insurance Regulatory Commission. Article 17 Where a branch of an insurance company is converted into a branch at other levels, it shall meet the opening standards stipulated in these Measures. Chapter IV Procedures for Establishment Article 18 An insurance company shall apply to the China Insurance Regulatory Commission for the establishment of a provincial branch. China CIRC will review the application for establishment within 30 days from the date of receiving the complete application materials. If it meets the requirements, it shall issue a notice of preparation to the applicant and send a copy to the local insurance regulatory bureau; Do not meet the requirements, it shall make a decision not to approve, and explain the reasons in writing. The applicant shall complete the preparatory work of the branch within six months from the date of receiving the notice of preparatory work. After the preparatory work is completed, the applicant shall submit the opening acceptance report to the local insurance regulatory bureau. Within 30 days from the date of receiving the complete opening acceptance report, the local insurance regulatory bureau will complete the opening acceptance and submit the acceptance report to the China Insurance Regulatory Commission, and the China Insurance Regulatory Commission will make a decision on approval or disapproval accordingly. If it is approved, the insurance company shall obtain the insurance business license of the branch from the local insurance regulatory bureau with the approval document of the China Insurance Regulatory Commission; In case of disapproval, China CIRC shall notify the applicant in writing and explain the reasons. Article 19 To establish a branch other than a provincial branch, the head office of an insurance company or a provincial branch shall submit an application to the local insurance regulatory bureau with the approval document of the head office. The local insurance regulatory bureau shall review the application for establishment within 30 days from the date of receiving the complete application materials. To meet the requirements, issue a notice of preparation to the applicant; Do not meet the requirements, it shall make a decision not to approve, and explain the reasons in writing. The applicant shall complete the preparatory work of the branch within six months from the date of receiving the notice of preparatory work. After the preparatory work is completed, the applicant shall submit the opening acceptance report to the local insurance regulatory bureau. The local insurance regulatory bureau shall complete the opening acceptance within 30 days from the date of receiving the complete opening acceptance report, and make a decision on approval or disapproval. If the establishment is approved, the insurance business license shall be issued; If the establishment is not approved, it shall notify the applicant in writing and explain the reasons. Article 20 The preparation period of a branch of an insurance company shall not be included in the administrative licensing period. If the preparatory work is not completed at the expiration of the preparatory period, an application for establishment shall be re-submitted. The preparatory organization shall not engage in any insurance business activities. Article 21 The Insurance Regulatory Bureau may, according to the opening standards, conduct the opening acceptance of the branches of insurance companies, and may adopt the methods of on-site acceptance, remote audit or entrusted inspection. Acceptance methods include lectures, spot checks, professional tests, system demonstrations, etc. Article 22 In addition to the establishment of a marketing service department, the applicant shall submit an application for approval of the qualifications of the senior management personnel of the institution to the local insurance regulatory bureau at the same time as the opening acceptance report, and the local insurance regulatory bureau shall make a decision on approval or disapproval. Among them, the approval document of the general manager of the provincial branch is submitted to the China Insurance Regulatory Commission as an annex to the acceptance report. Article 23 An approved branch of an insurance company shall go through the registration formalities with the administrative department for industry and commerce with the approval document and the insurance business license of the branch, and can only start business after obtaining the business license. Article 24 Where a branch of an insurance company is converted into a provincial branch, it shall apply to the China Insurance Regulatory Commission. China CIRC will make a written decision on approval or disapproval within 20 working days from the date of receiving the complete application materials. Before making a decision, the China Insurance Regulatory Commission shall notify the local insurance regulatory bureau to accept the rebuilt institution, and the local insurance regulatory bureau shall submit an acceptance report to the China Insurance Regulatory Commission after completing the acceptance. Article 25 Where a branch of an insurance company is converted into a branch other than a provincial branch, it shall apply to the local insurance regulatory bureau. The local insurance regulatory bureau shall make a written decision on approval or disapproval within 20 working days from the date of receiving the complete application materials. Before making a decision, the Insurance Regulatory Bureau may inspect and accept the reconstructed institution as needed. Article 26 An applicant shall, at the same time as submitting an application for reconstruction, submit an application for approval of the post qualifications of senior management personnel of the institution to the local insurance regulatory bureau, and the local insurance regulatory bureau shall make a decision on approval or disapproval. Among them, if it is converted into a provincial branch, the local insurance regulatory bureau shall send a copy of the approval document of the general manager's post qualification to the relevant departments of the China Insurance Regulatory Commission. Chapter V Submission Materials Article 27 To establish a branch of an insurance company, the following materials shall be submitted:
(1) An application for establishment;
(2) Solvency reports for two consecutive quarters before the application and the audited solvency report of the previous year;
(3) The corporate governance report of the insurance company in the previous year and the list of the applicant's internal control system;
(four) the development planning and management system of the applicant's branches;
(5) A feasibility report on the establishment of a branch, including the three-year business development plan and market analysis of the proposed institution, as well as an explanation that the establishment of a branch is compatible with the company's risk management and internal control;
(6) An explanation of the administrative punishment or investigation;
(seven) the resume of the person in charge of the institution to be established and relevant certification materials;
(eight) the electronic data file generated by the client program of the management information system of the senior management personnel of the insurance institution;
(nine) to apply for the establishment of a branch other than a provincial branch, submit a description of the operation of other branches within the jurisdiction of the Insurance Regulatory Bureau where the proposed institution is located, and state whether there are any situations listed in Article 12 of these Measures;
(ten) other materials required by the China Insurance Regulatory Commission. Where the same institution applies for the establishment of multiple branches, the preceding paragraph
(2),
(3),
(4),
(9) If the content of the materials has not changed, it only needs to be provided at the first submission, and it needs to be submitted again. The description includes the time, document number and specific matters of the first submission of this material. Article 28 The opening acceptance report submitted by the applicant shall be accompanied by the following materials of the proposed institution:
(a) a report on the completion of the preparatory establishment, indicating whether the preparatory establishment meets the opening standards stipulated in Article 16 of these Measures;
(2) Proof of ownership or right to use the business premises;
(three) fire proof or written commitment that necessary measures have been taken to ensure fire safety;
(four) computer equipment configuration, application system and network construction report;
(5) A report on the construction of the internal control system, explaining the overall situation of the construction of the internal control system of the branch, excluding the text of the internal control system;
(6) Report on organizational structure and employees, including on-the-job training for employees, etc. ;
(7) Resumes and relevant certificates of the proposed senior managers or principals;
(eight) the electronic data file generated by the client program of the management information system of the senior management personnel of the insurance institution;
(nine) other materials required by the China Insurance Regulatory Commission. Article 29 When a branch of an insurance company is converted into a branch at other levels, the following materials shall be submitted: Article 28 of these Measures except Article 28.
(a) the materials specified in other projects, the following materials shall also be submitted:
(1) An application for reconstruction;
(2) A written document that the insurance company agrees to rebuild;
(3) the development planning and management system of the applicant's branches;
(4) A reconstruction report, including an explanation of the necessity and rationality of reconstruction, the reconstruction situation, the impact of reconstruction on insurance business and the insured, the insured or the beneficiary, the three-year business development plan and market analysis of the reconstruction institution, and an explanation of the reconstruction institution's suitability for the company's risk management and internal control;
(5) If it is converted into a superior branch, it shall submit the solvency report for two consecutive quarters before the application and the audited solvency report for the previous year; Corporate governance report of the previous year; An explanation of the administrative punishment or investigation; A description of the operation of other branches within the jurisdiction of the Insurance Regulatory Bureau where the reconstruction institution is located, and a statement on whether there are any situations listed in Article 12 of these Measures. Article 30 If there are duplicate materials in the application materials provided by the applicant, the words "The original is checked correctly" shall be annotated and stamped with the official seal of the applicant. Chapter VI Supplementary Provisions Article 31 The establishment of branches by insurance companies in cities under separate state planning shall refer to the establishment of branches in provinces. Article 32 The establishment of branches by mutual insurance companies shall be implemented with reference to these Measures. Article 33 Where an insurance company establishes a franchise institution, it shall be stipulated separately by the China Insurance Regulatory Commission. Article 34 Applicants for administrative punishment and investigation of illegal acts as stipulated in Articles 9 and 11 of these Measures refer to institutions at the corresponding level, excluding their branches. The term "institutions directly under the control of higher authorities" as mentioned in these Measures refers to the insurance institutions at the next higher level that actually perform management functions for the branches to be established. Article 35 These Measures shall come into force on April 1 day, 2065. Where the existing provisions of the CIRC of China are inconsistent with these Measures, these Measures shall prevail.
Legal basis:
Article 74 of the Civil Code of People's Republic of China (PRC) * * * A legal person may set up branches according to law. Where laws and administrative regulations stipulate that branches should be registered, such provisions shall prevail. Branches engage in civil activities in their own names, and the resulting civil liabilities shall be borne by legal persons; It can also be borne by the property managed by the branch company first. If it is insufficient, it shall be borne by the legal person.