(1) The shareholders and promoters have good reputations and have no major illegal records in the past three years;
(2) The registered capital reaches the " The minimum limit stipulated in the Company Law of the People's Republic of China (hereinafter referred to as the "Company Law") and these regulations;
(3) The company's articles of association comply with relevant regulations;
(4) Chairman of the Board , executive directors and senior managers meet the qualifications of these regulations;
(5) Have a sound organizational structure and management system;
(6) Have a company that is commensurate with its business scale Fixed residence;
(7) Have business, financial and other computer software and hardware facilities suitable for business development;
(8) Other conditions stipulated by laws, administrative regulations and the China Insurance Regulatory Commission .
Article 7 The registered capital of a professional insurance agency shall not be less than RMB 2 million; the business area is not limited to professional insurance agency companies in the province, autonomous region, or municipality where the registration place is located, and the registered capital shall not be less than RMB 10 Ten thousand yuan.
The registered capital of a professional insurance agency must be paid-in monetary capital.
Article 8 Units or individuals that are prohibited from investing in enterprises according to laws and administrative regulations shall not become promoters or shareholders of professional insurance agencies.
If employees of an insurance company invest in a professional insurance agency, they must inform the insurance company in writing; directors or senior managers of insurance companies or insurance intermediaries who invest in professional insurance agencies must follow the relevant provisions of the "Company Law" , obtain the consent of the shareholders' meeting or general meeting of shareholders.
Article 9 The name of a professional insurance agency shall contain the words "insurance agency" or "insurance sales", and the name shall not be the same as that of existing insurance intermediaries, unless otherwise specified by the China Insurance Regulatory Commission.
Article 10 To apply for the establishment of a professional insurance agency, all shareholders or promoters shall designate representatives or * * * entrust an agent to handle the application matters with the China Insurance Regulatory Commission.
Article 11: Branch offices of professional insurance agencies include branches and sales departments. An insurance agency applying to establish a branch shall meet the following conditions:
(1) The internal control system is sound;
(2) The registered capital meets the requirements of these regulations;
(3) The existing organization is operating normally and there are no major illegal activities within one year before application;
(4) The proposed principal person in charge meets the qualifications of these regulations;
(5) The branch to be established has a business premises that meets the requirements and other facilities related to business operations.
Article 12 To establish a professional insurance agency whose registered capital reaches the minimum limit of these regulations, you can apply to establish three branches; thereafter, for each branch you apply to establish, the registered capital shall be increased by at least RMB 200,000. Among them, for each province, autonomous region, or municipality directly under the Central Government that applies for the establishment of a branch for the first time outside its place of residence, the registered capital will be increased by at least RMB 654.38 million.
If the registered capital of a professional insurance agency company reaches the amount specified in the preceding paragraph after the capital increase, the registered capital does not need to be increased.
If the registered capital of a professional insurance agency reaches RMB 20 million, it does not need to increase its registered capital by establishing a branch. Thank you. Is this the latest regulation?
Answer: The business area is not limited to professional insurance agency companies in the province, autonomous region, or municipality where the registration place is located, and the registered capital is not less than RMB 100,000.
The materials in other countries are the same, but the registered capital has changed.
This regulation will take effect on June 10, 2009.
Does it require additional registered capital to establish a branch?
Answer: The business area is not limited to professional insurance agency companies in the province, autonomous region, or municipality where the registration place is located, and the registered capital is not less than RMB 100,000.
A professional insurance agency established with the minimum registered capital specified in these regulations may apply to establish three branches; thereafter, for each branch applied for, the registered capital shall be increased by at least RMB 200,000.
Among them, for each province, autonomous region, or municipality directly under the Central Government that applies for the establishment of a branch outside its place of residence for the first time, the registered capital will be increased by at least RMB 654.38 million.
When a professional insurance agency applies to establish a branch, if its registered capital has reached the amount after the capital increase specified in the preceding paragraph, it may no longer increase it.
Order of the Ministry of Labor and Social Security of the People's Republic of China
No. 24
The "Interim Measures for the Qualification of Enterprise Annuity Fund Management Institutions" was promulgated by the Ministry of Labor on February 24, 2004 Adopted at the 9th executive meeting of the Ministry of Social Security and the Ministry of Social Security, it is hereby announced and will come into effect on March 24, 2005.
Minister Zheng Silin
December 31, 2004
Interim Measures for the Qualification Certification of Enterprise Annuity Fund Management Institutions
Article 1 In order to regulate the qualification determination of enterprise annuity fund management institutions, these Measures are formulated in accordance with the "Administrative Licensing Law of the People's Republic of China", the "Decision of the State Council on Establishing Administrative Licensing for Administrative Approval Items that Really Need to be Retained" and relevant national regulations. .
Article 2 The term “enterprise annuity fund management institutions” as mentioned in these Measures refers to supplementary pension insurance agencies such as enterprise trustees, account managers, custodians, investment managers, etc. that are engaged in the management of enterprise annuity funds.
Article 3 Institutions engaged in enterprise annuity fund management must obtain corresponding enterprise annuity fund management qualifications in accordance with the procedures stipulated in these Measures.
The Ministry of Labor and Social Security is responsible for the qualification accreditation of enterprise annuity fund management institutions.
Article 4: Institutions applying for enterprise annuity fund management qualifications (hereinafter referred to as applicants) shall submit a written application to the Ministry of Labor and Social Security in accordance with the content and format specified in the attachment to these Measures.
Article 5 A legal person trustee institution shall meet the following conditions:
(1) Approved by the national financial regulatory authorities and registered in China;
(2) Registration The capital shall not be less than RMB 100 million, and the net assets shall not be less than RMB 150 million at any time;
(3) Have a sound corporate governance structure;
(4) Obtain the enterprise The number of full-time employees with qualifications for annuity funds reaches the prescribed number;
(5) There are business premises, safety precautions and other facilities related to the entrusted management business of enterprise annuity funds that meet the requirements;
(6) Have a sound internal audit monitoring system and risk control system;
(7) No major violations of laws and regulations in the past three years;
(8) Other matters stipulated by the state condition.
Article 6 Account managers shall meet the following conditions:
(1) An independent legal person registered in China with the approval of relevant national departments;
(2) The registered capital shall not be less than RMB 50 million;
(3) Have a complete corporate governance structure;
(4) The number of full-time practitioners who have obtained the qualification to engage in enterprise annuity funds reaches the prescribed number ;
(5) Have a corresponding enterprise annuity fund account management information system;
(6) Have a business premises, safety precautions and enterprise annuity fund account management business that meet the requirements Other relevant facilities;
(7) Having a sound internal audit monitoring system and risk control system;
(8) Other conditions stipulated by the state.
The specifications for the enterprise annuity fund account management information system specified in item (5) of this article shall be separately formulated by the Ministry of Labor and Social Security.
Article 7 The custodian shall meet the following conditions:
(1) An independent legal person registered in China with the approval of the national financial regulatory department;
(2) ) net assets shall not be less than RMB 5 billion;
(3) The number of full-time practitioners who have obtained the qualification to engage in enterprise annuity funds reaches the prescribed number;
(4) The number of qualified employees to manage enterprise annuity funds Property conditions;
(5) Have a safe and efficient clearing and delivery system;
(6) Have business premises, safety precautions and corporate annuity fund custody business that meet the requirements Other facilities;
(7) Have a sound internal audit monitoring system and risk control system;
(8) Other conditions stipulated by the state.
As a custodian, a commercial bank should set up a special fund custody department.
Article 8 Investment managers shall meet the following conditions:
(1) Approved by the national financial regulatory authorities, registered in China, and qualified for entrusted investment management, fund management or asset management ;
(2) The registered capital of comprehensive securities companies shall not be less than 654.38 billion yuan, and the net assets shall remain no less than 654.38 billion yuan at all times; fund management companies, trust investment companies, insurance asset management companies, or The registered capital of other professional investment institutions shall not be less than RMB 654.38 billion, and the net assets shall remain no less than RMB 654.38 billion at any time;
(3) Have a sound corporate governance structure ;
(4) The number of full-time employees who have obtained the enterprise annuity fund qualification reaches the prescribed number;
(5) There are business premises, safety precautions and connections with the enterprise annuity fund that meet the requirements. Other facilities related to investment management business;
(6) Have a sound internal audit monitoring system and risk control system;
(7) No major violations of laws and regulations in the past three years;
(8) Other conditions stipulated by the state.
Article 9 The Ministry of Labor and Social Security will handle the applicant's application based on the following circumstances:
(1) If the application materials contain errors that can be corrected on the spot, the applicant shall be allowed to do so on the spot. Correction;
(2) If the application materials are incomplete or do not comply with the legal form, the applicant shall be notified on the spot or within five working days of all the content that needs to be supplemented and corrected. If no notification is made within the time limit, the application will be considered accepted from the date of receipt of the application materials;
(3) If the application materials are complete and comply with the legal form, or the applicant submits all supplementary and corrected application materials as required, the Ministry of Labor and Social Security The applicant's application shall be accepted.
If the Ministry of Labor and Social Security accepts or rejects the applicant's application, it shall issue a written certificate stamped with the special seal of the Ministry of Labor and Social Security and indicating the date.
The Ministry of Labor and Social Security does not accept applications from institutions that are under investigation by judicial authorities or relevant regulatory authorities during the investigation period.
Article 10: After accepting the application, the Ministry of Labor and Social Security shall establish an expert review committee to review the application materials. The experts of the review committee are randomly selected from the expert pool according to their professional scope. The expert database is composed of representatives from relevant departments and social professionals.
The expert review committee will review the applicant's application materials based on the principle of grading and stages. The required time will be notified to the applicant in writing by the Ministry of Labor and Social Security.
Article 11 The Ministry of Labor and Social Security shall assign two or more staff members to conduct on-site inspections of the applicant based on the application materials.
Article 12 The Ministry of Labor and Social Security shall, in consultation with the China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission, determine the qualifications of the enterprise annuity fund management institution based on the evaluation results of the expert review committee and on-site inspections. The enterprise annuity fund management qualification certificate will be issued to the applicant within three working days. The certificate system is uniformly printed by the Ministry of Labor and Social Security.
For applicants who have not obtained enterprise annuity fund management qualifications, the Ministry of Labor and Social Security shall notify them in writing, explain the reasons, and inform the applicants of their right to apply for administrative reconsideration or initiate administrative litigation in accordance with the law.
Article 13 The Ministry of Labor and Social Security, together with the China Banking Regulatory Commission, the China Securities Regulatory Commission, and the China Insurance Regulatory Commission, shall publish in national newspapers the institutions that have obtained enterprise annuity fund management qualifications.
Article 14 The "Enterprise Annuity Fund Management Institution Qualification Certificate" is valid for three years. An application for renewal must be submitted to the Ministry of Labor and Social Security three months before the expiration date.
Article 15 Under any of the following circumstances, the Ministry of Labor and Social Security shall handle the cancellation procedures for the qualification of an enterprise annuity fund management institution:
(1) The qualification of an enterprise annuity fund management institution expires Not renewed;
(2) The enterprise annuity fund management institution is dissolved, revoked, declared bankrupt or taken over in accordance with the law;
(3) The qualifications of the enterprise annuity fund management institution are revoked in accordance with the law. Cancellation;
(4) Other circumstances under which the qualification of an enterprise annuity fund management institution shall be revoked as stipulated by the state.
After the Ministry of Labor and Social Security handles the cancellation procedures for enterprise annuity fund management institutions, it will announce it in national newspapers together with the China Banking Regulatory Commission, the China Securities Regulatory Commission and the China Insurance Regulatory Commission. ?
Article 16 If the applicant conceals relevant information or provides false materials, the Ministry of Labor and Social Security will not accept the application or recognize the qualifications of the enterprise annuity fund management agency, and will give a warning; the applicant shall not apply for the enterprise again within one year. Annuity fund management agency qualifications.
Article 17 If an applicant obtains the qualification of an enterprise annuity fund management agency through improper means such as bribery or fraud, the Ministry of Labor and Social Security will cancel its qualification after soliciting the opinions of the China Banking Regulatory Commission, the China Securities Regulatory Commission and the China Insurance Regulatory Commission; No one shall apply for the qualification of an enterprise annuity fund management institution again within 3 years; if it constitutes a crime, it shall be transferred to the judicial authority for criminal liability in accordance with the law.
Article 18 The Ministry of Labor and Social Security shall establish and improve the supervision system of enterprise annuity funds, and conduct regular or irregular supervision and inspection of the management and operation of enterprise annuity funds of relevant institutions.
Article 19 These Measures shall come into effect in March 2005.
Attachment: Content and format of application materials for enterprise annuity fund management institution qualifications
Content and format of application materials for enterprise annuity fund management institution qualifications
1. Application Content and table of contents of materials
(1) Qualification application form?
Fill in the qualification application form prepared by the Ministry of Labor and Social Security (can be downloaded from the website of the Ministry of Labor and Social Security).
(2) Resource allocation description
1. Safety instructions for dedicated places for enterprise annuity fund management;
2. Description of equipment and systems related to enterprise annuity fund management;
3. Enterprise annuity fund account management information system process and system test report (only applicable to account manager qualification applicants);
4. Company senior managers, enterprise annuity funds Management professionals and personnel resumes.
(3) Management systems and procedures
1. Basic system
(1) Articles of Association;
(2) Corporate governance Description of structure and organizational structure. If you apply for multiple qualifications, you need to explain the independence of each business;
(3) Enterprise annuity audit and risk control system;
(4) Code of conduct for full-time enterprise annuity management personnel ;
(5) Position setting and job responsibilities of enterprise annuity management business;
(6) Enterprise annuity management business record and file management system;
( 7) Crisis incident reporting system and processing procedures.
2. Supplementary materials for applicants with legal person trustee qualifications
(1) The system and system for selecting, supervising, evaluating and replacing intermediaries such as account managers, custodians and investment managers Procedures;
(2) Strategic asset allocation and investment decision-making systems and processes.
3. Supplementary materials for account manager qualification applicants
(1) Organizational structure of account management;
(2) Account management business systems and processes;
(3)Customer service system and process.
4. Supplementary materials for custody qualification applicants
(1) Overview of fund settlement, payment ability and electronic level, as well as systems and measures to ensure safe and rapid fund settlement;
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(2) Transaction data and financial data management system;
(3) Responsibilities, authorities and business division of fund custody business;
(4) Investment management risks Assessment procedures, risk warning systems and investment operation monitoring systems.
5. Supplementary materials for investment manager qualification applicants
(1) Enterprise annuity fund investment and risk management system;
(2) Enterprise annuity fund property independence Operation management system;
(3) Enterprise annuity fund investment management risk reserve system.
(4) The applicant’s self-discipline commitment.
(1) Commit that the application materials are true, accurate and complete;
(2) Commit that after obtaining qualifications, I will strictly abide by relevant laws and regulations and engage in business honestly, legally and diligently Annuity fund management business.
(5) Relevant supporting materials?
1. A copy of the corporate business license (duplicate) issued by the State Administration for Industry and Commerce;
2. A copy of the business license (duplicate) issued by the State Administration for Industry and Commerce;
3. Original letter of consent issued by the national business regulatory department (limited to legal person trustee or investment manager qualification applicants);
4. Custody business filing issued by the national business regulatory department Original copy of the acceptance certificate (limited to applicants with custody qualifications);
5. An unqualified audit report issued by an accounting firm on the applicant’s financial status in the past three years;
6. Lawyer A legal opinion issued by the firm on the authenticity of the applicant’s independent legal person, articles of association and other materials.
If the above certification materials are copies, they must be stamped with the company's official seal.
(6) Business feasibility report
2. Paper, cover and number of copies
(1) Paper
Use A4 paper , bound in a 245×315mm hard leather wallet.
(2) Cover and sides?
1. Cover note: "Application materials for enterprise annuity fund management institution qualifications - XXX (such as corporate trustee, account manager, custodian or investment manager)", application company name, application date, etc. .
2. Side note: "Application Materials for XXX Qualification of XXX Company Enterprise Annuity Fund Management Institution".
(3) Font and page number
Except for the fixed format, the font of other information titles is Song Fang No. 4, and the font of the main text content is Song Fang No. 4, with 1.5x line spacing. The main materials should be printed on both sides, the page number should be placed in the middle of the bottom of each page, and the font size should be size 5. Arrange the page number order by chapter according to the content, for example: 1-4, 2-26, 3-58 or 1, 3-1-2, 3-4-21 ┉.
(4) Number of copies
Declaration materials can be submitted by mail or through the website of the Ministry of Labor and Social Security. Submit twelve copies for the first time, one of which is the original.
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