China CIRC will perform its supervisory duties according to the Insurance Law of People's Republic of China (PRC) and the authorization of the State Council. The dispatched office of China CIRC shall perform its supervisory duties within the scope authorized by China CIRC. Article 3 An insurance company shall formulate a legal, scientific and effective intermediary business management system to ensure that its business activities are legal and compliant, and its business financial data are true and objective. Article 4 The business and financial management information system of an insurance company shall truly, accurately and completely record the business and financial information of intermediary business.
An insurance company shall record the insurance premium and commission amount of the policy signed by the insurance agent and the insurance broker item by item. Article 5 An insurance company shall strengthen the audit of intermediary business and establish the accountability mechanism for illegal acts of intermediary business.
If an insurance company finds that intermediary business activities are suspected of illegal and criminal acts, it shall report in accordance with the provisions of these Measures. Article 6 An insurance company shall, in accordance with the provisions of the China Insurance Regulatory Commission, train insurance agents in laws, regulations and professional ethics, and keep detailed training files. Article 7 An insurance company shall set up a special post to be responsible for the daily management of the insurance agency business, and establish an agency business compliance operation file.
An insurance company shall establish a regular inspection system for agency business, and the inspection results shall be recorded in the agency business compliance file. Article 8 An insurance company shall stipulate in the entrustment contract that the insurance company has the right to ask the insurance agent to correct the illegal insurance behavior, and if the insurance agent refuses to correct it, the insurance company has the right to terminate the agency.
An insurance company shall promptly ask the insurance agent to correct the illegal insurance behavior, and if the insurance agent refuses to correct it, the insurance company shall terminate its agency right. Article 9 If an insurance company discovers that an insurance agent has any of the following behaviors, it shall report to the China Insurance Regulatory Commission within 10 working days from the date of discovery:
(a) seriously infringe upon the legitimate rights and interests of the applicant, the insured or the beneficiary;
(2) Using insurance business to engage in illegal fund-raising, pyramid selling, money laundering and other illegal activities;
(3) Other reportable acts as stipulated by the China Insurance Regulatory Commission. Article 10 An insurance company and its staff members shall not directly or indirectly secretly give insurance intermediaries and their staff members benefits beyond those stipulated in the entrustment contract. Article 11 An insurance company and its staff shall not instruct or induce insurance agents, insurance brokers or insurance assessment institutions to cheat the applicant, the insured or the beneficiary. Article 12 An insurance company and its staff shall not use insurance agents, insurance brokers or insurance assessment institutions to collect fees by falsely hanging insurance premiums receivable, falsely issuing tax invoices, falsely correcting or canceling insurance policies, and fabricating surrender. Article 13 An insurance company and its staff shall not use the insurance intermediary business to seek illegitimate interests for other institutions or individuals. Article 14 An insurance company and its staff shall not give or promise to give insurance premium rebates or other benefits to the insured, the insured and the beneficiaries through insurance agents and insurance brokers. Article 15 An insurance company and its staff shall not collude with insurance agents and insurance brokers to misappropriate, intercept or occupy insurance premiums. Article 16 An insurance company and its staff shall not collude with insurance agents, insurance brokers and insurance assessment agencies to fabricate insurance contracts, deliberately fabricate insurance accidents that have never happened or deliberately exaggerate the losses of insurance accidents that have happened, make false claims, defraud insurance money or seek other illegitimate interests. Article 17 An insurance company and its staff shall not entrust an institution or individual that has not obtained legal qualifications to engage in insurance sales activities. Article 18 An insurance company and its staff shall not fabricate false intermediary business, personal insurance agent information, allocate intermediary business expenses falsely, and prepare or provide false intermediary business reports, statements, documents and materials in other ways. Article 19 If an insurance company violates the provisions of Articles 6 to 9 of these Measures, it shall be ordered by the China Insurance Regulatory Commission to make corrections and given a warning. If there is illegal income, it shall be fined 1 time but not more than 3 times, but the maximum amount shall not exceed 30,000 yuan. If there is no illegal income, it shall be fined 1 10,000 yuan. The directly responsible person in charge and other directly responsible personnel may be given a warning by the China Insurance Regulatory Commission and fined 1 000 yuan. Article 20 If an insurance company commits one of the acts listed in Articles 10 to 17 of these Measures, the China Insurance Regulatory Commission shall order it to make corrections and impose a fine of 50,000 yuan to 300,000 yuan; If the circumstances are serious, the business scope of the insurance company shall be restricted, and it shall be ordered to stop accepting new business or revoke its business license. The directly responsible person in charge and other directly responsible personnel shall be given a warning by the China Insurance Regulatory Commission, and a fine of 65,438+10,000 yuan or more and 65,438+10,000 yuan or less shall be imposed; If the circumstances are serious, the post-holding qualification or employment qualification shall be revoked, and the relevant responsible personnel shall be prohibited from engaging in the insurance industry for a certain period of time until life.