Establishment of Reinsurance Companies Provisions
再保险公司设立规定
The Reinsurance Provisions finally complete the legal framework for foreign investment in the reinsurance sector in China.
(Promulgated by the China Insurance Regulatory Commission on, and effective as of, September 17 2002.)
(中国保险监督管理委员会於二零零二年九月十七日发布,自发布之日起施行。)
Article 1: These Provisions are formulated in accordance with the PRC Insurance Law and the PRC Administration of Foreign-invested Insurance Companies Regulations in order to promote the development of the reinsurance market and regulate the establishment of reinsurance companies.
Article 2: For the purposes of these Provisions, the term "reinsurance company" shall mean a company that is established with the approval of the China Insurance Regulatory Commission (CIRC) and is registered according to law to specially engage in reinsurance business.
Article 3: Establishment of reinsurance companies shall be approved by the CIRC. Reinsurance companies shall be classified into life reinsurance companies, non-life reinsurance companies and comprehensive reinsurance companies according to the scope of business.
第一条为促进再保险市场的发展,规范再保险公司的设立,根据《中华人民共和国保险法》和《中华人民共和国外资保险公司管理条例》,制定本规定。
Article 4: With the approval of the CIRC, reinsurance companies may engage in all or some of the following businesses:
1. Life Reinsurance Business
(1) Reinsurance business in China;
第二条本规定所称的再保险公司是指经中国保险监督管理委员会(以下简称中国保监会)批准设立,依法登记注册专门经营再保险业务的公司。
(2) Business of transferring ceded insurance in China; and
(3) International reinsurance business.
2. Non-life Reinsurance Business
第三条设立再保险公司应经中国保监会批准。依据业务经营范围,再保险公司可以分为人寿再保险公司、非人寿再保险公司和综合再保险公司。
(1) Reinsurance business in China;
(2) Business of transferring ceded insurance in China; and
(3) International reinsurance business.
第四条 经中国保监会批准,再保险公司可以经营以下全部或部分业务:
3. Concurrently engaging in all or some of the businesses listed under Items 1 and 2 above.
Article 5: The paid-in money capital of life or non-life reinsurance companies shall not be less than Rmb200 million or the equivalent in freely convertible currency. The paid-in money capital of a comprehensive reinsurance company shall not be less than Rmb300 million or the equivalent in freely convertible currency. The capital contributions of foreign insurance companies shall be made in freely convertible currency.
Article 6: Reinsurance companies shall employ professional actuarial personnel certified by the CIRC.
(一) 人寿再保险业务
Article 7: Chinese shareholders investing in reinsurance companies shall comply with the Equity Investment in Insurance Companies Tentative Provisions; and their share ratio and change in equity interest shall abide by the relevant provisions of the CIRC.
Foreign insurance companies investing in Sino-foreign equity joint reinsurance companies or wholly foreign-owned reinsurance companies shall comply with the undertaking relevant to China's accession to the World Trade Organization.
Article 8: The Provisions shall apply to the standards for working capital of and the establishment requirements for foreign reinsurance companies setting up branches in China.
1、 中国境内的再保险业务;
Article 9: The establishment of branches of reinsurance companies from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan in the mainland shall, mutatis mutandis, be handled in accordance with these Provisions.
Article 10: These Provisions shall be effective as of the date of promulgation.
clp reference:3910/02.09.17promulgated:2002-09-17effective:2002-09-17This premium content is reserved for
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