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Legal Name: Provisions on the Administration of Insurance Assessment Institutions
Release date: 20065438+0116.
Implementation date: June 2002, 65438+1 October1
Expiration date:
Issued by: China Insurance Regulatory Commission.
Legal number: Order No.3 of China Insurance Regulatory Commission.
Legal content: The Regulations on the Administration of Insurance Assessment Institutions are hereby promulgated, and shall come into force on June 5438+ 10/day, 2002.
President Ma Yongwei.
November 16th, 200 1 year
Provisions on the administration of insurance assessment institutions
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Insurance Law of People's Republic of China (PRC) (hereinafter referred to as the Insurance Law) and other relevant laws and administrative regulations in order to protect the legitimate rights and interests of the insured and the insured, maintain the market order of fair competition and prevent insurance risks.
Article 2 The term "insurance assessment institution" as mentioned in these Provisions refers to an institution established with the approval of China Insurance Regulatory Commission (hereinafter referred to as "China Insurance Regulatory Commission") in accordance with the Insurance Law and other relevant laws, administrative regulations and these Provisions, and entrusted by the insurance parties to specialize in the assessment, inspection, appraisal, loss assessment and adjustment of the subject matter insured.
Article 3 These Provisions shall apply to insurance assessment institutions specially established with the approval of China Insurance Regulatory Commission (hereinafter referred to as China Insurance Regulatory Commission) and engaged in the assessment, inspection, appraisal, loss determination and adjustment of the subject matter of insurance in People's Republic of China (PRC).
Article 4 An insurance assessment institution established in accordance with these Provisions shall, in the name of an insurance assessment institution, engage in the assessment, inspection, appraisal and loss assessment of the subject matter insured. Without the approval of the China Insurance Regulatory Commission, no unit or individual may engage in the assessment, inspection, appraisal, loss assessment and adjustment of the subject matter insured in the name of an insurance assessment institution within the territory of People's Republic of China (PRC).
Article 5 An insurance assessment institution engaged in the assessment, inspection, appraisal, loss assessment and adjustment of the subject matter insured shall abide by laws, administrative regulations and the relevant provisions of the China Insurance Regulatory Commission, and adhere to the principles of objectivity, impartiality and fairness.
Article 6 If an insurance assessment institution causes damage to the insured due to its own fault, it shall bear corresponding legal responsibilities according to law.
Article 7 The China CIRC shall supervise and manage insurance assessment institutions according to law.
Chapter II Establishment
Article 8 An insurance assessment institution may be established in the form of partnership, limited liability company or joint stock limited company.
Article 9 To establish an insurance assessment institution in the form of a partnership enterprise, the following conditions shall be met:
(1) Having two or more partners and having corresponding capacity for civil conduct;
(2) Having a partnership agreement that complies with the law;
(3) The paid-in monetary contribution is not less than RMB 500,000;
(4) Having the name and domicile of the partnership enterprise that meet the legal requirements;
(5) Having senior managers who meet the requirements of the China Insurance Regulatory Commission for the management of post qualifications;
(6) The number of insurance assessors holding the Qualification Certificate for Insurance Assessors (hereinafter referred to as the Qualification Certificate) shall not be less than two thirds of the employees;
(seven) other conditions required by laws and administrative regulations.
Article 10 To establish an insurance assessment institution in the form of a limited liability company, the following conditions shall be met:
(1) Having 2 to 50 or more shareholders;
(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 500,000.
(4) Having a company name, organization and domicile that meet the requirements of the law;
(5) The insurance assessors holding qualification certificates shall be no less than two thirds of the 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 An insurance assessment institution in the form of a joint stock limited company shall meet the following conditions:
(a) there are more than five promoters who meet the statutory requirements;
(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 insurance assessors holding qualification certificates shall be no less than two thirds of the 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 12 The legal name of an insurance assessment institution shall include the words "insurance assessment".
Article 13 Units and individuals that cannot invest in insurance assessment institutions in accordance with relevant laws, administrative regulations and the provisions of the China Insurance Regulatory Commission shall not become shareholders, promoters or partners of insurance assessment institutions.
Article 14 The qualifications of senior managers of insurance assessment institutions shall be examined by the China Insurance Regulatory Commission.
The senior managers of insurance assessment institutions mentioned in these Provisions include the chairman, general manager, deputy general manager or the principal responsible person of the partnership.
The contents and methods of the qualification examination for senior managers of insurance assessment institutions include the examination of application materials, investigation 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 15 A senior manager of an insurance assessment institution shall meet one of the following conditions in addition to holding a qualification certificate:
(1) Having a bachelor's degree or above in economics, finance, science, engineering and law, and having been engaged in insurance assessment or related work for more than 3 years;
(2) Having a bachelor degree or above in non-economics, finance, science, engineering or law, and having been engaged in insurance assessment or related work for more than 5 years;
Engaged in insurance assessment or related work 10 years or more, and the academic requirements may be relaxed appropriately.
Article 16 The establishment of an insurance assessment institution is divided into two stages: preparation and opening.
Article 17 To apply for the establishment of an insurance assessment institution, the applicant shall submit the following materials to the China CIRC:
(1) An application report for preparation;
(two) the feasibility report of the preparation, including market analysis, institutional development ideas, business development plans and profit forecasts for the past three years;
(3) Organizational structure, including capital, equity structure or contribution ratio, organization, employees, 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 18 The person in charge of the preparation of an insurance assessment institution shall meet the following conditions:
(1) Having a college degree or above;
(2) Having experience in insurance assessment or related work;
(3) Having no criminal record or other bad record.
Article 19 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 20 Where the China CIRC approves the establishment of an insurance assessment institution, 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.
Insurance assessment institutions shall not engage in any insurance assessment activities during the preparation period.
Article 21 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) An application report;
(2) Articles of association or partnership agreement;
(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;
(six) the list of shareholders or partners, 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 or partner;
(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 22 The China CIRC shall conduct acceptance within 30 days from the date of receiving the qualified application materials for business opening, make a decision on approval or disapproval within 3 months, and notify the business opening applicant in writing.
Article 23 The application materials for the establishment of an insurance assessment institution shall be submitted in the format prescribed by the China Insurance Regulatory Commission.
Article 24 An insurance assessment institution that has been approved to start business shall obtain a license to engage in insurance assessment business (hereinafter referred to as the license).
Insurance assessment institutions 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 25 If an insurance assessment institution fails to open its business for more than six months without justifiable reasons after its establishment, or suspends its business for more than six months after its opening, the China CIRC may revoke its license.
Article 26 The license is valid for three years, and the insurance assessment institution shall apply to the China Insurance Regulatory Commission for renewal of the license 60 days before the expiration of the license. If the applicant has serious violations of laws and regulations, the China CIRC may refuse to renew the license; Those who have not obtained the license issued by the China Insurance Regulatory Commission shall not continue to engage in the insurance assessment business.
Chapter III Alteration and Termination
Article 27 The following matters of an insurance assessment institution shall be reported to the China CIRC for approval:
(1) Amending the articles of association or partnership agreement;
(2) Change of registered capital or contribution.
(3) Changing shareholders or partners;
(four) change the distribution of equity or the proportion of capital contribution;
(5) changing the organizational form;
(6) Change of domicile;
(seven) change of senior management personnel;
(8) Changing the business scope;
(nine) change the name of the company or enterprise;
(10) Separation and merger.
(eleven) dissolution and bankruptcy;
(twelve) other changes required by laws and administrative regulations.
Article 28 Where an insurance assessment institution is dissolved, cancelled or bankrupt according to law, it shall return its license to the China CIRC and make an announcement in a newspaper designated by the China CIRC.
Chapter IV Vocational Qualifications
Article 29 Employees of insurance assessment institutions shall pass the qualification examination for insurance assessment practitioners organized by the China Insurance Regulatory Commission.
Anyone with a bachelor's degree or above can register for the exam.
Article 30 A person who has passed the qualification examination for insurance assessors may apply to the CIRC of China for a qualification certificate. Applicants for qualification certificates shall submit the following documents:
(a) certificate of qualification examination for insurance assessors;
(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 31 An application for a qualification certificate shall meet the following conditions:
(a) 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 32 The CIRC in China may directly grant qualification certificates to those who meet the qualification requirements of insurance assessors as stipulated by the CIRC in China, and the specific measures shall be formulated separately.
Article 33 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 34 The qualification certificate is the basic qualification of an insurance adjuster recognized by the China Insurance Regulatory Commission, and has no effect as a practicing certificate.
Thirty-fifth insurance assessment institutions shall, in accordance with the provisions of the China Insurance Regulatory Commission, implement qualification management for their employees.
Article 36 "Insurance assessor's certificate" (hereinafter referred to as "practitioner's certificate") is the certification document for insurance assessors to carry out insurance assessment activities.
Article 37 The practicing certificate shall be uniformly supervised by the China Insurance Regulatory Commission and issued by the insurance assessment institution.
Insurance assessment institutions shall not issue practice certificates to employees who have not obtained qualification certificates.
Article 38 Employees of insurance assessment institutions shall take the initiative to produce their practice certificates when carrying out insurance assessment activities.
Article 39 If a person who has been punished for violating relevant laws and administrative regulations and is prohibited from engaging in the insurance industry has obtained a qualification certificate, the insurance assessment institution shall not issue a practice certificate to him. If a practicing certificate has been issued, the insurance assessment institution shall be responsible for withdrawing the practicing certificate.
Article 40 If an insurance assessor with a practice certificate ceases to engage in insurance assessment business or is transferred to another insurance assessment institution, the insurance assessment institution shall withdraw his practice certificate.
Chapter V Operation and Management
Article 41 The business area of an insurance assessment institution shall be approved by the China Insurance Regulatory Commission. An insurance assessment institution shall conduct insurance assessment business within the approved business area.
Article 42 With the approval of the China Insurance Regulatory Commission, an insurance assessment institution may engage in the following businesses:
(1) Inspection, valuation and risk assessment of the subject matter insured before underwriting;
(2) Survey, inspection, loss estimation and adjustment of the subject matter insured after the accident;
(3) Other businesses approved by the China Insurance Regulatory Commission.
Article 43 Where a resident of an insurance assessment institution engages in insurance assessment business outside the place of registration, he shall go through the filing formalities in accordance with the relevant provisions.
Article 44 An insurance assessment institution shall not commit any of the following acts in its practice:
(1) Having business dealings with institutions or individuals engaged in insurance business or insurance intermediary business illegally;
(two) beyond the business scope and business area approved by the China Insurance Regulatory Commission;
(three) beyond the scope of authorization, damage the legitimate rights and interests of the client;
(four) to issue a false assessment report to the parties to the insurance contract;
(five) forgery, dissemination of false information, or other means to damage the reputation of the industry;
(6) Forcing, inducing or restricting others to conclude insurance assessment contracts by improper means such as administrative power, position or professional convenience;
(seven) in collusion with the applicant, the insured or the beneficiary, maliciously defrauding the insurance company;
(eight) 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 assessment institution shall clearly inform its clients of its name, address, business scope, legal liabilities and other matters during the business process.
Article 46 An insurance assessment institution shall sign a written entrustment contract with the client.
Article 47 An insurance assessment institution shall collect remuneration as agreed by both parties when handling business according to law.
Article 48 An insurance assessment report shall not take effect until it is signed by the general manager, deputy general manager or principal responsible person of the partnership enterprise of the insurance assessment institution.
Article 49 An insurance assessment institution shall establish detailed assessment business records.
Article 50 An insurance assessment institution shall keep the business secrets of the parties it knows in its business operations.
Article 51 The retention period of various business materials of insurance assessment institutions shall not be less than ten years from the date of termination of the insurance contract.
Article 52 An insurance assessment institution shall deposit an operating deposit at 5% of its registered capital or capital contribution, or purchase professional liability insurance in accordance with the provisions of the China Insurance Regulatory Commission.
An insurance assessment institution shall, within 30 days after its opening, deposit the business deposit in full into a commercial bank designated by the China Insurance Regulatory Commission. Upon approval, an insurance assessment institution may use the securities recognized by the China Insurance Regulatory Commission to deposit the operating margin.
Without the approval of the China Insurance Regulatory Commission, an insurance assessment institution may not use its business deposit.
Chapter VI Supervision and Inspection
Article 53 An insurance assessment institution shall timely submit relevant statements and materials to the China CIRC 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 54 All kinds of statements and materials submitted by insurance assessment institutions to China CIRC shall be true, accurate and complete.
Article 55 An insurance assessment institution 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 CIRC.
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 56 The China CIRC shall supervise and inspect the business activities of insurance assessment institutions according to law, and the insurance assessment institutions shall cooperate with them and provide relevant information as required.
Article 57 The inspection of insurance assessment institutions by China CIRC mainly includes:
(a) the approval procedures for the establishment and change of a company or enterprise;
(2) Contribution or contribution.
(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 58 Whoever, in violation of these Provisions, establishes an insurance assessment institution without authorization shall be banned and fined between 654.38 million yuan and 500,000 yuan; If there are illegal gains, the illegal gains shall be confiscated.
Article 59 Where 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 60 If an insurance assessment institution 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, it shall be ordered to suspend business for rectification or revoke its license.
Article 61 If an insurance assessment institution changes its name, articles of association or partnership agreement, registered capital or contribution, domicile, equity structure or contribution ratio, shareholders or partners without authorization, it shall be given a warning and fined between 654.38 million yuan and 654.38 million yuan.
Article 62 If an insurance assessment institution commits any of the following acts, it shall be given a warning and fined between 654.38 million yuan and 654.38 million yuan.
(a) the appointment of senior managers who have not been 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;
(3) The temporary person-in-charge appointed with the consent of the China Insurance Regulatory Commission due to special circumstances, whose actual term of office exceeds 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 63 If an insurance assessment institution engages in insurance assessment activities beyond the approved business scope and business area, 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 64 If an insurance assessment institution engages in insurance assessment business during the preparation period, it shall be given a warning and fined between 654.38 million yuan and 500,000 yuan. Illegal income, confiscate the illegal income; If the circumstances are serious, the qualification for preparation shall be cancelled.
Article 65 If an insurance assessment institution engages in insurance assessment business with an institution or individual that illegally engages in insurance business or insurance intermediary business, it shall be given a warning and fined more than 5 times 10 times the illegal income.
Article 66 If an insurance assessment institution issues a practice certificate in violation of these Provisions, it shall be given a warning and fined between 654.38 million yuan and 50,000 yuan.
Article 67 If an insurance assessment institution uses improper means such as administrative power, position or professional convenience to force others to accept its position as an insurance assessor or the assessment results made by it, 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 68 If an insurance assessment institution colludes with others to provide false reports to defraud insurance money, the illegal income shall be confiscated and a fine of more than 3 times/kloc-0 times shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license.
Article 69 If an insurance assessment institution fabricates and disseminates false information in its business operations, thereby damaging the reputation of others and causing adverse effects, it shall be given a warning and fined 1 10,000 yuan but not more than 50,000 yuan.
Article 70 If an insurance assessment institution exceeds the scope of authorization and damages the legitimate rights and interests of the client, or colludes with others to defraud the client, it shall be given a warning and fined at least 1 10,000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its license.
Article 71 Where an insurance assessment institution 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 72 If an insurance assessment institution 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 73 An insurance assessment institution that discloses false or untrue information to clients, misleads clients, or conceals important information related to insurance assessment matters that should be reported to clients but not reported to clients, and cheats clients, 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 74 If an insurance assessment institution fails to deposit a business deposit or take out professional liability insurance in accordance with the regulations, 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 75 Employees of insurance assessment institutions 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 76. Senior managers of insurance assessment institutions who are directly responsible for acts in violation of these provisions may, depending on the seriousness of the case, cancel their qualifications for a certain period of time up to life.
Article 77 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.
Chapter VIII Supplementary Provisions
Article 78 These Provisions shall apply to the establishment of foreign-funded insurance assessment institutions within the territory of China. Where there are other provisions in laws, administrative regulations and relevant international treaties to which China is a party, such provisions shall prevail.
Article 79 All materials required to be submitted to the China Insurance Regulatory Commission in these Provisions shall be subject to the Chinese version.
Article 80 The China Insurance Regulatory Commission shall be responsible for the interpretation and revision of these Provisions.
Article 81 These Provisions shall come into force on June 5438+1 October 2002, and the Regulations on the Administration of Insurance Assessment Institutions (Trial) promulgated by China Insurance Regulatory Commission on June 5438+1October 65438+April 2000 shall be abolished at the same time.
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