In order to protect the legitimate rights and interests of insurance consumers, further strengthen the supervision of credit insurance and guarantee insurance business (hereinafter referred to as credit insurance business), standardize business practices, prevent and defuse risks, and promote the sustained and healthy development of credit insurance business, these Measures are formulated in accordance with the Insurance Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other laws and regulations.
Chapter I General Provisions
Article 1 The term "credit insurance" and "guarantee insurance" as mentioned in these Measures refers to the insurance subject to the credit risk of performance. The subject of credit risk in credit insurance is the obligor, and the applicant and the insured are the obligees. The applicant of guarantee insurance is the obligor, and the insured is the obligee.
The term "insurance company" as mentioned in these Measures refers to a property insurance company approved by the China Banking Regulatory Commission; Franchised insurance companies refer to property insurance companies whose direct insurance business scope is limited to credit insurance and guarantee insurance approved by China Banking Regulatory Commission.
The term "financing credit insurance business" as mentioned in these Measures refers to the credit insurance business in which insurance companies provide insurance protection for the performance credit risks of financing contracts such as loans and financial leasing.
The term "cooperative institutions" as mentioned in these Measures refers to institutions that cooperate with insurance companies in the relevant business processes of credit insurance business, such as customer acquisition, risk review, collection and recovery.
Article 2 Insurance companies operating credit insurance business shall adhere to the operating principles of compliance with laws and regulations, small amount dispersion and controllable risks.
Chapter II Operating Procedures
Article 3 An insurance company shall follow the solvency supervision requirements when conducting credit insurance business, fully consider the capital constraints of the solvency supervision requirements on credit insurance business, and ensure that the development of credit insurance business matches the company's capital strength and risk management ability.
Article 4 An insurance company engaging in financing credit insurance business shall meet the following conditions:
(1) At the end of the last two quarters, the core solvency adequacy ratio is not less than 75%, and the comprehensive solvency adequacy ratio is not less than 150%.
(2) The Head Office has set up a management department responsible for credit insurance business, and established a sound organizational structure and professional talent team.
(3) Establishing a business operation system covering pre-insurance risk review and post-insurance monitoring management; It has a risk management and control system that independently audits the obligors, and needs to be connected with the credit information system of the People's Bank of China.
Personal financing credit insurance business is underwritten through the Internet, which is centrally underwritten and controlled by the head office and connected with the business systems of financial institutions with legal lending qualifications.
(4) Having a sound management system and operating rules for financial credit insurance business.
(5) Other conditions stipulated by China Banking Regulatory Commission.
Article 5 The accumulated retained liabilities of the credit insurance business underwritten by an insurance company shall not exceed 65,438+00 times of the net assets at the end of last quarter. Except for franchised insurance companies, the accumulated retained liabilities of financing credit insurance business underwritten by other insurance companies shall not exceed 4 times of the net assets at the end of last quarter. When the loan balance underwritten by inclusive small and micro enterprises in financing credit insurance business reaches more than 30%, the upper limit of underwriting multiple can be increased to 6 times.
The balance of retained liabilities of an insurance company covering a single debtor and its related parties shall not exceed 5% of the net assets at the end of last quarter. Except for franchised insurance companies, the balance of retained liabilities of individual debtors and their related parties of financing credit insurance business underwritten by other insurance companies shall not exceed 65,438+0% of the net assets at the end of last quarter.
Article 6 An insurance company shall not underwrite the following credit insurance businesses:
(1) Non-public bond issuance business and public bond issuance business with credit rating or debt rating below AA+ (except franchised insurance companies);
(2) Creditor's rights transfer business where the obligor of the subject matter changes;
(3) Asset securitization business initiated by non-bank institutions;
(4) Financial derivatives business;
(5) The funds of the controlling shareholders, actual controllers, subsidiaries and other related parties of the insurance company are integrated into the business;
(6) Other businesses prohibited from underwriting by China Banking Regulatory Commission.
Article 7 An insurance company shall not engage in the following business activities when conducting credit insurance business:
(a) Business that underwrites losses that will not actually occur or losses that have been confirmed;
(2) Business in which the loan (loan) interest rate of financing credit insurance business exceeds the upper limit prescribed by the state;
(3) The insured who underwrites the financing credit insurance business is an investor who does not have the legal financing service qualification;
(4) Underwriting businesses with mismatched terms or amounts under the same financing contract in the form of split policy terms or amounts;
(5) Make substantial changes to the credit insurance products that have been approved or filed by means of special agreement or supplementary agreement in the insurance policy;
(6) To issue a letter of guarantee with similar legal effect to the insurance contract for the same insurance liability of the same insurer.
(seven) there are violations of laws and regulations in carrying out collection and recovery by itself or outsourcing;
(8) Other business activities prohibited by China Banking Regulatory Commission.
Article 8 Where an insurance company conducts financing credit insurance business through the Internet, it shall disclose insurance products, policy inquiry links, customer complaint channels, information security, cooperative Internet organizations and other contents in a prominent position in official website in accordance with the provisions on the administration of Internet insurance business; At the same time, the cooperative internet organizations are required to disclose the above contents in a prominent position on the business webpage.
Article 9 An insurance company shall carefully assess the risks and operating costs, accurately calculate the risk loss rate, and reasonably determine the rates according to the actual risk level and comprehensive affordability of the debtor.
Chapter III Internal Control Management
Article 10 The credit insurance business of insurance companies shall be managed by the head office, and the credit insurance business of branches of insurance companies shall be managed by the head office. Branches engaged in financing credit insurance business shall set up full-time posts in important links such as sales and underwriting, and shall not work part-time.
Article 11 The head office of an insurance company shall be equipped with or employ professionals with knowledge background in economy, finance, law, finance and statistical analysis. Or have experience in credit insurance, guarantee insurance, financing guarantee and bank credit. Continuously strengthen business training and personnel training to improve risk identification ability.
Article 12 An insurance company shall establish a business system covering the whole process of credit insurance business, and the business system shall have substantive auditing and monitoring functions such as anti-fraud, credit risk assessment and credit risk tracking. The financing credit insurance business system should also have the functions of repayment ability evaluation, loan (repayment) monitoring and so on.
Article 13 An insurance company shall establish an evaluation, deliberation and decision-making mechanism for credit insurance business to ensure the traceability of relevant decisions. The management system of financing credit insurance business at least includes underwriting policy, business operation standard, product development and management, partner management, collateral management and disposal, collection and recovery, internal personnel management, consumer rights protection, etc.
Article 14 An insurance company shall formulate underwriting standards and operational norms for credit insurance business. The financing credit insurance business shall establish an underwriting traceability management mechanism and keep relevant information in accordance with the requirements of the Insurance Law of People's Republic of China (PRC); For the financing credit insurance business underwritten through the Internet, the authenticity of the identity information of the insured shall be verified, and the information on the Internet insurance sales behavior shall be completely recorded and kept to ensure that the records are comprehensive and cannot be tampered with.
Article 15 An insurance company shall seriously investigate and closely track the asset authenticity, transaction authenticity, solvency and credit records of the financial credit insurance business obligor to prevent false and fraudulent acts. An insurance company may not outsource core business links such as risk review and risk monitoring of financing credit insurance business to cooperative institutions, and may not relax risk management and control because cooperative institutions provide risk countermeasures.
Article 16 An insurance company shall strengthen the supervision and management of the business activities of cooperative institutions, and the head office shall formulate a unified template for cooperation agreements to clarify the rights and obligations of both parties; Establish and improve the management system of cooperative institutions, and put forward clear requirements in terms of access, evaluation, withdrawal, complaints and reports according to the characteristics and risks of different links of cooperative institutions.
Article 17 An insurance company shall, in combination with the risk status of credit insurance business, establish a certain proportion of risk-taking mechanism with the insured, and specify the rights and obligations of each party in the insurance contract.
Article 18 An insurance company shall, on the premise of complying with laws and regulations, conduct data docking with a third-party credit reporting agency, formulate a data confidentiality management system, and shall not disclose customer information, and shall not use the information provided by customers to engage in activities that have nothing to do with insurance business or harm the interests of the insured and the insured.
Article 19 An insurance company shall carefully assess the risks of credit insurance business, establish a risk early warning mechanism, set early warning indicators and parameters for major risk types, and achieve early warning, early intervention and early disposal.
Article 20 Insurance companies shall conduct stress tests on credit insurance business every six months according to the requirements of liquidity management of China Banking Regulatory Commission. When an insurance company conducts financing credit insurance business, it shall conduct stress tests every quarter, which shall include liquidity risk, systemic risk and solvency risk.
Article 21 An insurance company shall carry out credit insurance business in strict accordance with the regulatory provisions, follow the principles and methods of non-life insurance actuarial, carefully assess business risks, and reasonably withdraw and carry forward relevant reserves according to the assessment results.
Article 22 An insurance company shall, in strict accordance with the relevant requirements of the Insurance Law of People's Republic of China (PRC), make a decision to approve, pay or refuse to pay compensation within the time limit stipulated by law and agreed in the insurance contract. An insurance company shall stipulate a national unified telephone number for complaints and claims in its credit insurance business policy.
Article 23 An insurance company shall carry out collection and recovery in accordance with laws and regulations. For outsourcing collection, the insurance company shall formulate business cooperation rules with the collection agency, clarify the rights and obligations of both parties, and strengthen the management of the business behavior of the collection agency.
Article 24 An insurance company shall confirm and measure the recovery rate of credit insurance business in strict accordance with the relevant provisions of accounting standards, and it is strictly forbidden to increase the recovery rate falsely, which will affect the authenticity and accuracy of financial statements. At the same time, the insurance company shall make a retrospective evaluation of the recovery money at least quarterly to ensure that the financial statements truly and accurately reflect the relevant risks.
Article 25 An insurance company shall formulate a risk preference strategy according to the development strategy of credit insurance business and the current risk situation, determine the risk tolerance and risk limit of credit insurance business by combining qualitative and quantitative methods, and make reinsurance arrangements according to the company's risk tolerance.
Article 26 An insurance company shall establish an emergency plan for emergencies in credit insurance business, clarify the disposal department and its responsibilities, disposal measures and procedures, and timely resolve risks to avoid group and regional incidents. At the same time, it is necessary to strengthen the guidance of public opinion and do a good job of positive publicity.
Twenty-seventh insurance companies engaged in credit insurance business, credit insurance business should be included in the scope of internal audit. Engaged in financing credit insurance business, it shall conduct internal special audit every year. Audit contents include but are not limited to operating results, system construction, financial accounting, system construction, risk control, reserve withdrawal, legal compliance, etc.
Chapter IV Supervision and Administration
Article 28 An insurance company shall establish an emergency reporting mechanism for credit insurance business and submit it to the China Banking Regulatory Commission and the banking regulatory bureau where the risk event is located in accordance with the requirements of the China Banking Regulatory Commission on emergency information reporting. Emergencies in credit insurance business include, but are not limited to, events with negative public opinions that may cause insufficient solvency or liquidity risk of the company, as well as events and mass incidents that affect the reputation of the company or industry.
Article 29 An insurance company engaged in credit insurance business shall report the business operation of the previous year to the China Banking Regulatory Commission and the territorial supervision bureau before the end of February each year, including but not limited to the following contents:
(a) credit insurance business management system, organizational structure, team building, system construction, etc. ;
(2) the overall business operation and financing credit insurance business operation, including business performance, compensation, underwriting related parties, reinsurance, major problems and risks, consumer complaints and handling, risk disposal, etc. ;
(3) Relevant information about the cooperative organization, including the management and control of the cooperative organization, the number of cooperative enterprises, cooperative business areas, cooperation methods, major problems and risks, legal disputes, measures to deal with risks, etc. ;
(4) the development plan of the credit insurance business for the next year;
(5) Other information required to be reported by China Banking Regulatory Commission.
An insurance company shall submit the contents related to the credit insurance business in the audit report or audit report and annual stress test report of the previous year to the China Banking Regulatory Commission and the local insurance regulatory bureau before the end of April each year. An insurance company shall, in accordance with the requirements of Article 20 of these Measures, submit a credit insurance business stress test report to the China Banking Regulatory Commission and the territorial supervision bureau within half a year or five working days after each quarter.
Article 30 The China Banking Regulatory Commission (hereinafter referred to as the China Insurance Regulatory Commission) is responsible for the supervision and management of credit insurance business and the overall guidance of risk disposal. The Banking Insurance Regulatory Bureau is responsible for supervising and managing the credit insurance business and risk disposal of territorial institutions and branches within its jurisdiction. Insurance companies and provincial institutions that start or stop credit insurance business for the first time shall report to the local banking regulatory bureau within 5 working days from the date of the above situation.
Article 31 If an insurance company violates the relevant provisions of these Measures in its credit insurance business, the China Banking Regulatory Commission and the Banking Insurance Regulatory Bureau may take regulatory measures such as regulatory talks, rectification within a time limit, and informed criticism.
If an insurance company violates the first paragraph of Article 4 of these Measures, the China Banking Regulatory Commission and its dispatched offices may take regulatory measures according to law and order it to stop accepting new credit insurance business.
If the insurance clauses and premium rates used by insurance companies violate laws, administrative regulations or regulatory provisions, the China Banking Regulatory Commission and its dispatched offices may take regulatory measures according to law and order them to stop using the clauses and premium rates and modify them within a time limit; If the circumstances are serious, it may be forbidden to declare new terms and rates within a certain period of time.
Article 32 The China Banking Regulatory Commission and its dispatched offices may order an insurance company to make rectification under any of the following circumstances during its credit insurance business. In violation of the relevant provisions of the Insurance Law of People's Republic of China (PRC), administrative punishment shall be given according to law.
(1) Failing to handle reinsurance in accordance with regulations;
(2) Whether the underwriting of prohibited businesses listed in Article 6 exists;
(3) Having the business activities listed in Article 7;
(4) Failing to disclose information in accordance with Article 8.
(5) Failing to use the insurance clauses and insurance rates that have been approved or put on record as required;
(six) failing to submit relevant reports in accordance with the provisions of these measures;
(seven) in violation of other provisions of these measures.
Chapter V Supplementary Provisions
Article 33 These Measures shall not apply to the medium and long-term export credit insurance and overseas investment insurance business of policy insurance companies. The provisions of Article 5 of these Measures shall not apply to policy insurance companies.
Article 34 The China Banking Regulatory Commission shall be responsible for the interpretation and revision of these Measures. Where there are other provisions in the rules and regulatory documents of China Banking Regulatory Commission, such provisions shall prevail.
Article 35 These Measures shall come into force as of the date of issuance, and the Interim Measures for the Supervision of Credit Guarantee Insurance Business (China Insurance Regulatory Commission [2065]180) shall be abolished at the same time.