Tentative Measures for the Administration of Investments in Bonds by Insurance Institutional Investors
保险机构投资者债券投资管理暂行办法
The Tentative Measures provides for investments in government bonds, financial bonds and enterprise/corporate bonds. It also specifically stipulates on new bond products as commercial bank financial bonds, international development organization renminbi bonds and short term financing bonds. In its risk control efforts, the Tentative Measures requires the establishment of a sound bond investment risk control system with a precise, scientific and effective business operation flow, a credit risk evaluation system for bond issuing parties and bonds, and an independent third-party custody system.
(Issued by the China Insurance Regulatory Commission on, and effective as of, August 17 2005.)
(中国保险监督管理委员会于二零零五年八月十七日发布,自发布之日起执行。)
Bao Jian Fa [2005] No.72
保监发 [2005] 72号
PART ONE: GENERAL PROVISIONS
Article 1: These Measures are formulated in accordance with the PRC Insurance Law and relevant laws and regulations, in order to strengthen the administration of insurance fund investment in bonds, enrich the categories of investments, improve the investment portfolios and effectively spread the risks.
第一章总则
Article 2: For the purposes of these Measures, the term 'insurance institutional investor' (Insurance Institution) means an insurance company or an insurance asset management company that is approved for establishment by the China Insurance Regulatory Commission (the CIRC), is registered in accordance with the law and conducts bond investments. These Measures shall apply to the engagement in bond investments by insurance group companies and insurance holding companies.
Article 3: For the purposes of these Measures, the term 'bonds' means renminbi bonds or foreign currency bonds issued in China by various issuers in accordance with the law.
第一条 为加强保险资金债券投资管理,丰富投资品种,改善投资组合,有效分散风险,根据《中华人民共和国保险法》及有关法律法规,制定本办法。
Article 4: Bonds that may be invested in by an Insurance Institution include government bonds, financial bonds, enterprise (corporate) bonds and other bonds approved for issuance by relevant departments.
Article 5: An Insurance Institution shall, in accordance with the asset-liability matching management requirements and the regulatory standards of the CIRC, formulate an asset strategic allocation plan and investment strategies, independently allocate bond assets, independently assume risks, and be independently responsible for profits and losses.
第二条 本办法所称保险机构投资者(以下简称保险机构),是指经中国保险监督管理委员会(以下简称中国保监会)批准设立并依法登记注册,从事债券投资的保险公司和保险资产管理公司。保险集团公司、保险控股公司从事债券投资,适用本办法。
Article 6: An Insurance Institution shall, in accordance with relevant provisions of the CIRC, entrust a third party for the independent custody of bond assets.
Article 7: The CIRC shall be responsible for formulating policies and provisions for the administration of bond investments by Insurance Institutions, modifying the bond investment categories and investment ratios when and where appropriate, and carrying out regulation over investment activities in accordance with the law.
第三条 本办法所称债券是指各类发行人,依法在境内发行的人民币债券和外币债券。
PART TWO: INVESTMENTS IN GOVERNMENT BONDS
Article 8: An Insurance Institution investing in government bonds may, in accordance with asset allocation requirements and investment strategies, independently determine the total and individual investment ratios in government bonds, to maintain a certain ratio of government bonds.
第四条保险机构可投资债券,包括政府债券、金融债券、企业(公司)债券及有关部门批准发行的其他债券。
PART THREE: INVESTMENTS IN FINANCIAL BONDS
Article 9: Financial bonds that may be invested in by an Insurance Institution include central bank bills, policy bank financial bonds, policy bank subordinated bonds, commercial bank financial bonds, commercial bank subordinated bonds, commercial bank subordinated debt with fixed term, insurance company subordinated debt with fixed term, international development organization renminbi bonds, etc.
第五条保险机构应按资产负债匹配管理要求、中国保监会监管标准,制定资产战略配置计划和投资策略,自主配置债券资产,自担风险,自负盈亏。
Section One: Central Bank Bills
Article 10: An Insurance Institution investing in central bank bills may, in accordance with asset allocation requirements and investment strategies, independently determine the total and individual investment ratios in central bank bills.
第六条保险机构应按中国保监会有关规定,委托第三方独立托管债券资产。
Section Two: Policy Bank Financial Bonds and Subordinated Bonds
Article 11: A policy bank financial bond invested in by an Insurance Institution shall be a financial bond issued by a policy bank on the national inter-bank bond market in accordance with the Measures for the Administration of Issue of Financial Bonds on the National Inter-bank Bond Market (Administrative Measures) and subject to the approval of the People's Bank of China.
第七条中国保监会负责制定保险机构债券投资管理政策和规定,适时调整债券投资品种和投资比例,依法对投资活动进行监督管理。
A policy bank subordinated bond invested in by an Insurance Institution shall be a subordinated bond issued by a policy bank on the national inter-bank bond market in accordance with the Measures for the Administration of Issue of Subordinated Bonds by Commercial Banks (Subordinated Bond Measures), and subject to the qualification examination of the China Banking Regulatory Commission (CBRC) and approval of the People's Bank of China.
Article 12: A policy bank financial bond or subordinated bond invested in by an Insurance Institution may be exempted from credit rating.
第二章政府债券投资
Article 13: An Insurance Institution investing in policy bank financial bonds or subordinated bonds may, in accordance with asset allocation requirements and investment strategies, independently determine the total and individual investment ratios in policy bank financial bonds and subordinated bonds.
Article 14: Where an Insurance Institution invests in a privately placed policy bank financial bond or subordinated bond, the qualifications of the issuer and the credit rating of the bond shall comply with Articles 11 and 12 hereof. The balance of investments in such bond shall be included in the balance of policy bank financial bonds and subordinated bonds, and the total and individual investment ratios shall comply with Article 13 hereof.
第八条保险机构投资政府债券,可按资产配置需要和投资策略,自主确定投资总比例和单项比例,保持一定比例的政府债券。
Section Three: Commercial Bank Financial Bonds and Subordinated Bonds
Article 15: The issuer of a commercial bank financial bond or subordinated bond invested in by an Insurance Institution shall, in addition to complying with the Administrative Measures, the Subordinated Bond Measures and other relevant provisions of the People's Bank of China and the CBRC, meet the following conditions:
第三章金融债券投资
(1) have total assets of not less than Rmb200 billion;
(2) have a core capital adequacy ratio of not less than 4%;
第九条保险机构投资的金融债券,包括中央银行票据、政策性银行金融债券、政策性银行次级债券、商业银行金融债券、商业银行次级债券、商业银行次级定期债务、保险公司次级定期债务、国际开发机构人民币债券等。
(3) have been profitable for the most recent three consecutive years;
(4) have a long-term credit rating of A or above or the equivalent as assessed by a domestic credit rating agency;
第一节中央银行票据
(5) where the bond is issued offshore and exempted from domestic credit rating, have a long-term credit rating of BB or above or the equivalent as assessed by an international credit rating agency;
(6) disclose sufficient, accurate and complete information in a timely manner. Such disclosed information shall at least include total assets, total liabilities, owner's equity, operating income, net profit, average equity earnings ratio, non-performing loans ratio, bad debt provisioning ratio, capital adequacy ratio, and other indices and data; and
第十条保险机构投资中央银行票据,可按资产配置需要和投资策略,自主确定投资总比例和单项比例。
(7) other conditions as specified by the CIRC.
For items (4) and (5) in the preceding paragraph, if the same issuer has both a domestic credit rating and an international credit rating, the domestic credit rating shall prevail.
第二节 政策性银行金融债券和次级债券
Article 16: A commercial bank financial bond or subordinated bond invested in by an Insurance Institution shall have a long-term credit rating of A or above or the equivalent as assessed by a domestic credit rating agency.
Article 17: Where an Insurance Institution invests in a secured financial bond or subordinated bond, the creditworthiness of the guarantor shall not be worse than the credit rating of the issuer.
第十一条保险机构投资的政策性银行金融债券,应是政策性银行按照《全国银行间债券市场金融债券发行管理办法》(以下简称管理办法),经中国人民银行核准,在全国银行间债券市场发行的金融债券。
Article 18: Commercial bank financial bonds and subordinated bonds invested in by an Insurance Institution shall comply with the following provisions on investment ratios:
(1) the aggregate balance of investments in commercial bank financial bonds and subordinated bonds, calculated at cost, shall not exceed 30% of the total assets of the Insurance Institution at the end of the preceding quarter;
保险机构投资的政策性银行次级债券,应是政策性银行按照《商业银行次级债券发行管理办法》(以下简称次级债办法),经中国银行业监督管理委员会(以下简称中国银监会)资格审查,并经中国人民银行批准,在全国银行间债券市场发行的次级债券。
(2) the aggregate balance of investments in financial bonds and subordinated bonds issued by the same commercial bank shall not exceed 10% of the total assets of the Insurance Institution at the end of the preceding quarter;
(3) the investment share in commercial bank financial bonds or subordinated bonds with a credit rating of AA or above or the equivalent of the same type in the same issue shall not exceed 20% of the issued amount of that type of bonds in that issue, and the balance shall not exceed 5% of the total assets of the Insurance Institution at the end of the preceding quarter; and
第十二条保险机构投资的政策性银行金融债券和次级债券可以免于信用评级。
(4) the investment share in commercial bank financial bonds or subordinated bonds with a credit rating of A or the equivalent of the same type in the same issue shall not exceed 10% of the issued amount of that type of bonds in that issue, and the balance shall not exceed 3% of the total assets of the Insurance Institution at the end of the preceding quarter.
Article 19: Where an Insurance Institution invests in a privately placed commercial bank financial bond or subordinated bond, the qualifications of the issuer and the credit rating of the bond shall comply with Articles 15, 16 and 17 hereof. The balance of investments in such bond shall be included in the balance of commercial bank financial bonds and subordinated bonds, and the total and individual investment ratios shall comply with Article 18 hereof.
第十三条保险机构投资政策性银行金融债券和次级债券,可按资产配置需要和投资策略,自主确定投资总比例和单项比例。
Section Four: Commercial Bank Subordinated Debt with Fixed Term
Article 20: Commercial bank subordinated debt with fixed term invested in by an Insurance Institution shall be subordinated debt with fixed term issued by a state-owned commercial bank or a national share-system commercial bank in accordance with the Circular on the Inclusion of Subordinated Debt with Fixed Term in Supplementary Capital and the Subordinated Bond Measures, and subject to the approval of the CBRC.
第十四条保险机构投资定向发行的政策性银行金融债券或私募发行的次级债券,其发行人条件和债券信用级别,按本办法第十一条和第十二条的规定执行。投资该债券的余额计入政策性银行金融债券和次级债券的余额,总比例和单项比例按本办法第十三条的规定执行。
For commercial bank subordinated debt with fixed term invested in by an Insurance Institution, the issuer and the debt itself shall comply with Articles 15 and 16 hereof.
Article 21: Commercial bank subordinated debt with fixed term invested in by an Insurance Institution shall comply with the following provisions on investment ratios:
第三节 商业银行金融债券和次级债券
(1) the balance of investments in commercial bank subordinated debt with fixed term, calculated at cost, shall not exceed 8% of the total assets of the Insurance Institution at the end of the preceding quarter;
(2) the aggregate balance of investments in subordinated debt with fixed term issued by the same bank shall not exceed 5% of the total assets of the Insurance Institution at the end of the preceding quarter; and
第十五条保险机构投资的商业银行金融债券和次级债券,其发行人应符合《管理办法》、《次级债办法》及中国人民银行、中国银监会的其他有关规定,同时还应具备下列条件:
(3) the investment share in commercial bank subordinated debt with fixed term of the same type in the same issue shall not exceed 10% of the issued amount of that type of debt in that issue, and the balance shall not exceed 3% of the total assets of the Insurance Institution at the end of the preceding quarter.
Article 22: The maturity of commercial bank subordinated debt with fixed term invested in by an Insurance Institution shall not exceed six years.
(一)总资产不低于2000亿元人民币;
Section Five: Insurance Company Subordinated Debt with Fixed Term
Article 23: Insurance company subordinated debt with fixed term invested in by an Insurance Institution shall be subordinated debt with fixed term privately placed by an insurance company in accordance with the Tentative Measures for the Administration of Insurance Company Subordinated Debt with Fixed Term and subject to the approval of the CIRC.
(二)核心资本充足率不低于4%;
Article 24: Insurance company subordinated debt with fixed term invested in by an Insurance Institution shall comply with the following provisions on investment ratios:
(1) the balance of investments in insurance company subordinated debt with fixed term, calculated at cost, shall not exceed 20% of the total assets of the Insurance Institution at the end of the preceding quarter;
(三)最近三年连续盈利;
(2) the aggregate balance of investments in subordinated debt with fixed term issued by the same insurance company shall not exceed 4% of the total assets of the Insurance Institution at the end of the preceding quarter; and
(3) the investment share in insurance company subordinated debt with fixed term in the same issue shall not exceed 20% of the issued amount of such debt in that issue, and the balance shall not exceed 1% of the total assets of the Insurance Institution at the end of the preceding quarter.
(四)国内信用评级机构评定的A级或者相当于A级以上的长期信用级别;
Article 25: An Insurance Institution shall not invest in subordinated debt with fixed term privately placed by an insurance company if any of the following exists between the Insurance Institution and the insurance company:
(1) the Insurance Institution is controlled by the insurance company;
(五)境外上市并免于国内信用评级的,国际信用评级机构评定的BB级或者相当于BB级以上的长期信用级别;
(2) the Insurance Institution controls the insurance company; or
(3) the Insurance Institution and the insurance company are controlled by the same third party.
(六)及时、充分、准确、完整地披露信息。披露内容至少包括资产总额、负债总额、所有者权益、营业收入、净利润、平均权益收益率、不良贷款率、呆坏账拨备比率、资本充足率等指标和数据;
Section Six: International Development Organization Renminbi Bonds
Article 26: An international development organization renminbi bond invested in by an Insurance Institution shall be a renminbi bond issued by an international development financial organization in accordance with the Tentative Measures for the Administration of Issue of Renminbi Bonds by International Development Organizations and subject to the consent of the State Council after the examination of the relevant departments.
(七)中国保监会规定的其他条件。
Article 27: An Insurance Institution investing in international development organization renminbi bonds may, in accordance with asset allocation requirements and investment strategies, independently determine the total and individual investment ratios in policy bank financial bonds and subordinated bonds.
PART FOUR: INVESTMENTS IN ENTERPRISE (CORPORATE) BONDS
前款第(四)项、第(五)项同一发行人同时具有国内信用评级和国际信用评级的,以国内信用级别为准。
Article 28: Investments in short-term financing bills and convertible corporate bonds shall be handled in accordance with the administration of investments in enterprise (corporate) bonds.
Section One: Enterprise (Corporate) Bonds
第十六条保险机构投资的商业银行金融债券和次级债券,应具有国内信用评级机构评定的A级或者相当于A级以上的长期信用级别。
Article 29: The issuer of an enterprise (corporate) bond invested in by an Insurance Institution shall, in addition to complying with relevant state provisions, meet the following conditions:
(1) have net assets of not less than Rmb2 billion at the end of the preceding year;
第十七条保险机构投资具有担保的金融债券和次级债券,担保人的资信不得低于发行人的信用级别。
(2) have been profitable for the most recent three consecutive accounting years;
(3) have been providing audited financial statements for the most recent three accounting years in a timely manner;
第十八条保险机构投资的商业银行金融债券和次级债券,应符合下列比例规定:
(4) have an outstanding balance of enterprise (corporate) bonds of not more than 40% of the net assets of the enterprise of the most recent accounting year;
(5) the creditworthiness of the guarantor shall not be worse than the credit rating of the issuer;
(一)投资商业银行金融债券和次级债券的余额,合计按成本价格计算不得超过该保险机构上季末总资产的30%;
(6) provides in a timely manner a legal opinion issued by a practising lawyer regarding the disclosure of information;
(7) discloses financial information in a timely manner. The disclosure shall at least include total assets, total liabilities, principal operating income, asset-liability ratio, EBITDA/interest, quick ratio, shareholders' equity earnings ratio, and other indices and data; and
(二)投资同一家商业银行发行金融债券和次级债券的余额,累计不得超过该保险机构上季末总资产的10%;
(8) other conditions as specified by the CIRC.
Article 30: An enterprise (corporate) bond invested in by an Insurance Institution shall have a long-term credit rating of AA or above or the equivalent as assessed by a domestic credit rating agency.
(三)投资同一期单品种信用级别在AA级或者相当于AA级以上的商业银行金融债券或者次级债券的份额,不得超过该期单品种发行额的20%,余额不得超过该保险机构上季末总资产的5%;
Article 31: Enterprise (corporate) bonds invested in by an Insurance Institution shall comply with the following provisions on investment ratios:
(1) the balance of investments in enterprise (corporate) bonds, calculated at cost, shall not exceed 30% of the total assets of the Insurance Institution at the end of the preceding quarter;
(四)投资同一期单品种信用级别在A级或者相当于A级的商业银行金融债券或者次级债券的份额,不得超过该期单品种发行额的10%,余额不得超过该保险机构上季末总资产的3%。
(2) the aggregate balance of investments in bonds issued by the same enterprise (company) shall not exceed 10% of the total assets of the Insurance Institution at the end of the preceding quarter;
(3) the investment share in enterprise (corporate) bonds of the same type in the same issue shall not exceed 20% of the issued amount of that type of bonds in that issue, and the balance shall not exceed 5% of the total assets of the Insurance Institution at the end of the preceding quarter, provided that the guarantor meets any of the following conditions and provides an irrevocable guarantee bearing joint and several liability:
第十九条保险机构投资定向发行的商业银行金融债券或私募发行的次级债券,其发行人条件和债券信用级别,按本办法第十五条、第十六条和第十七条的规定执行。投资该债券的余额计入商业银行金融债券和次级债券的余额,总比例和单项比例按本办法第十八条的规定执行。
i. it is a financial institution having a domestic credit rating of AA or above in the previous year;
ii. it is a special state fund such as a railway construction fund or a Three Gorges construction project fund; or
第四节 商业银行次级定期债务
iii. it is a non-financial enterprise having net assets of Rmb20 billion or more at the end of the preceding year; and
(4) where the guarantor or the form of guarantee does not meet the conditions or provisions specified in Item (3) hereof, the investment share in enterprise (corporate) bonds of the same type in the same issue shall not exceed 10% of the issued amount of that type of bonds in that issue, and the balance shall not exceed 3% of the total assets of the Insurance Institution at the end of the preceding quarter.
第二十条保险机构投资的商业银行次级定期债务,应是国有商业银行和全国性股份制商业银行,按照《关于将次级定期债务计入附属资本的通知》和《次级债办法》,经中国银监会批准发行的次级定期债务。
Article 32: The CIRC shall formulate separate provisions for investments in unsecured enterprise (corporate) bonds by Insurance Institutions.
Section Two: Convertible Corporate Bonds
保险机构投资的商业银行次级定期债务,其发行人、次级定期债务应符合本办法第十五条、第十六条的规定。
Article 33: The issuer of a convertible corporate bond invested in by an Insurance Institution shall, in addition to complying with relevant state provisions, meet the following conditions:
(1) the creditworthiness of the guarantor shall not be worse than the credit rating of the bond issuer; and
第二十一条保险机构投资的商业银行次级定期债务,应符合下列比例规定:
(2) it shall provide a clear debt repayment plan and a guarantee contract.
Article 34: Convertible corporate bonds invested in by an Insurance Institution shall comply with the following provisions on investment ratios:
(一)投资商业银行次级定期债务的余额,按成本价格计算不得超过该保险机构上季末总资产的8%;
(1) the balance of investments in convertible corporate bonds shall be included in the balance of enterprise (corporate) bonds and the aggregate balance, calculated at cost, shall not exceed 30% of the total assets of the Insurance Institution at the end of the preceding quarter;
(2) the balance of investments in convertible corporate bonds issued by one company shall be included in the balance of bonds of the same enterprise (company) and the aggregate balance shall not exceed 10% of the total assets of the Insurance Institution at the end of the preceding quarter, of which the balance of convertible corporate bonds, calculated at cost, shall not exceed 5% of the total assets of the Insurance Institution at the end of the preceding quarter;
(二)投资一家银行发行次级定期债务的余额,累计不得超过该保险机构上季末总资产的5%;
(3) the investment share in convertible corporate bonds in the same issue shall not exceed 20% of the issued amount in that issue, and the balance shall not exceed 3% of the total assets of the Insurance Institution at the end of the preceding quarter, provided that the guarantor meets any of the following conditions:
i. it is a financial institution with a credit rating of AA or above as assessed by a domestic credit rating agency in the previous year; or
(三)投资同一期单品种商业银行次级定期债务的份额,不得超过该期单品种发行额的10%,余额不得超过该保险机构上季末总资产的3%。
ii. it is an enterprise with net assets of Rmb20 billion or more at the end of the preceding year, and
(4) where the guarantor does not meet the conditions specified in Item (3) hereof, the investment share in convertible corporate bonds in the same issue shall not exceed 10% of the issued amount in that issue, and the balance shall not exceed 1% of the total assets of the Insurance Institution at the end of the preceding quarter.
第二十二条保险机构投资的商业银行次级定期债务,期限不得超过6年。
Article 35: Where a convertible corporate bond invested in by an Insurance Institution is converted into a stock, it shall be handled in accordance with the Tentative Measures for the Administration of Stock Investments by Insurance Institutional Investors (Stock Investment Measures).
Section Three: Short-term Financing Bills
第五节保险公司次级定期债务
Article 36: A short-term financing bill invested in by an Insurance Institution shall be a short-term financing bill issued by a non-financial enterprise on the national inter-bank bond market in accordance with the Measures for the Administration of Short-term Financing Bills and subject to recording filing with the People's Bank of China.
Article 37: The issuer of a short-term financing bill invested in by an Insurance Institution shall, in addition to complying with the conditions specified in the Measures for the Administration of Short-term Financing Bills, meet the following conditions:
第二十三条保险机构投资的保险公司次级定期债务,应是保险公司按《保险公司次级定期债务管理暂行办法》,经中国保监会批准定向募集的次级定期债务。
(1) have net assets of not less than Rmb2 billion at the end of the preceding year;
(2) have been profitable for the most recent two consecutive accounting years;
第二十四条保险机构投资的保险公司次级定期债务,应符合下列比例规定:
(3) have an outstanding balance of short-term financing bills of not more than 40% of the net assets of the enterprise of the most recent accounting year;
(4) disclose financial information in a timely manner. The disclosure shall at least include total assets, total liabilities, principal operating income, asset-liability ratio, EBITDA/interest, quick ratio, shareholders' equity earnings ratio, and other indices and data; and
(一)投资保险公司次级定期债务的余额,按成本价格计算不得超过该保险机构上季末净资产的20%;
(5) other conditions as specified by the CIRC.
Article 38: The credit rating of a short-term financing bill invested in by an Insurance Institution shall meet the following conditions:
(二)投资同一家保险公司发行次级定期债务的余额,累计不得超过该保险机构上季末净资产的4%;
(1) have a short-term credit rating of A-1 or the equivalent as assessed by a domestic credit rating agency; or
(2) the credit rating and follow-up credit rating of the most recent three years of a listed company that is exempted from credit rating in accordance with the Measures for the Administration of Short-term Financing Bills, shall meet one of the following conditions:
(三)投资同一期保险公司次级定期债务的份额,不得超过该期保险公司次级定期债务发行额的20%,余额不得超过该保险机构上季末净资产的1%。
i. have a long-term credit rating of AA or above or the equivalent as assessed by a domestic credit rating agency; or
ii. have a long-term credit rating of BBB or above or the equivalent as assessed by an international credit rating agency.
第二十五条保险机构与定向募集次级定期债务的保险公司存在下列情况之一的,保险机构不得投资该保险公司定向募集的次级定期债务:
If an issuer has both a domestic credit rating and international credit rating, the domestic credit rating shall prevail.
Article 39: Short-term financing bills invested in by an Insurance Institution shall comply with the following provisions on investment ratios:
(一)保险机构受保险公司控制;
(1) the balance of investments in short-term financing bills shall be included in the balance of enterprise (corporate) bonds and the aggregate balance, calculated at cost, shall not exceed 30% of the total assets of the Insurance Institution at the end of the preceding quarter, of which the balance of short-term financing bills, calculated at cost, shall not exceed 10% of the total assets of the Insurance Institution at the end of the preceding quarter;
(2) the balance of investments in short-term financing bills issued by one enterprise (company) shall be included in the balance of bonds of the same enterprise (company) and the aggregate balance shall not exceed 10% of the total assets of the Insurance Institution at the end of the preceding quarter, of which the balance of short-term financing bills shall not exceed 3% of the total assets of the Insurance Institution at the end of the preceding quarter; and
(二)保险机构控制保险公司;
(3) the investment share in short-term enterprise (corporate) financing bills of the same type in the same issue shall not exceed 10% of the issued amount in that issue, and the balance shall not exceed 3% of the total assets of the Insurance Institution at the end of the preceding quarter.
PART FIVE: RISK CONTROL
(三)保险机构与保险公司受同一第三方控制。
Article 40: An Insurance Institution shall, in accordance with the requirements of the Risk Control Guidelines for Utilization of Insurance Funds, establish a sound bond investment risk control system, formulate a scientific, precise and effective business operation flow, and report the same to the CIRC for the record.
Article 41: The bond asset custodian selected by an Insurance Institution shall be a commercial bank or another professional financial institution that meets the conditions specified by the Stock Investment Measures
第六节国际开发机构人民币债券
Article 42: The contents of the bond custody agreement signed between an Insurance Institution and a custodian, the responsibilities and obligations of the custodian, and the regulation of the custodian shall comply with the relevant provisions of the Guidelines for the Custody of Insurance Company Stock Assets (Trial Implementation).
Article 43: An Insurance Institution shall strengthen the risk management of its bond investments; make reasonable arrangements in respect of the term structure, category allocation, credit distribution and liquidity requirements, etc. of its bond investment portfolio; and carry out follow-up management in respect of the asset quality, earnings standard, risk attributes, risk consequence and frequency, etc. of its bond investments. The Insurance Institution shall periodically analyze and evaluate policy risk, credit risk, market risk, liquidity risk and operational risk, and control the overall risk of its bond investments within the bearable range.
第二十六条保险机构投资的国际开发机构人民币债券,应是国际开发性金融机构按照《国际开发机构人民币债券发行管理暂行办法》,经有关部门审核,报国务院同意发行的人民币债券。
Article 44: An Insurance Institution shall establish a credit risk evaluation system for bond issuers and bonds to carry out continuous follow-up evaluation of the creditworthiness of bond issuers and bonds, and such evaluation shall serve as an important basis for making bond investment decisions.
Article 45: An Insurance Institution shall, according to the creditworthiness of a bond issuer and the risk level of the bond, as well as the regulatory standards of the CIRC, set investment limits and adjust the investment limits periodically or when there are changes to the creditworthiness of the bond issuer or the bond.
第二十七条保险机构投资国际开发机构人民币债券,可按资产配置需要和投资策略,自主确定投资总比例和单项比例。
Article 46: The aggregate balance of investments, calculated at cost, of an Insurance Institution in various bonds (not including government bonds, central bank bills, policy bank financial bonds and policy bank subordinated bonds) issued or secured by the same issuer shall not exceed 20% of the total assets of the Insurance Institution at the end of the preceding quarter.
Article 47: The ratio of investments in commercial bank financial bonds and subordinated bonds and enterprise (corporate) bonds with the investment account established by an Insurance Institution for investment-linked insurance products may be 100% of the total assets of such account at the end of the preceding quarter.
第四章企业(公司)债券投资
The ratio of investments in commercial bank financial bonds and subordinated bonds and enterprise (corporate) bonds with the investment account established by an Insurance Institution for universal life insurance products may not exceed 80% of the total assets of such account at the end of the preceding quarter.
The ratio of investments in commercial bank financial bonds and subordinated bonds and enterprise (corporate) bonds with the independent account established by an Insurance Institution for other insurance products may not exceed the specific ratios stipulated in the insurance clauses and the relevant provisions of the CIRC.
第二十八条保险机构投资短期融资券、可转换公司债券,按企业(公司)债券投资管理。
Article 48: Where the most recent follow-up credit rating of a bond invested in by an Insurance Institution falls, the Insurance Institution shall, in accordance with the relevant provisions of the CIRC, formulate adjustment measures to adjust the investments in such bond to fit the specified ratios within the prescribed time limit.
Article 49: An Insurance Institution shall stop investing in newly or previously issued bonds of an issuer whose bonds it has invested in and shall appropriately dispose of the bonds already held if such issuer:
第一节企业(公司)债券
(1) does not meet the conditions set forth in these Measures as shown by the most recent information;
(2) is unable to repay its principal or interest on time;
第二十九条保险机构投资的企业(公司)债券,其发行人除符合国家有关规定外,还应具备下列条件:
(3) is unable to disclose sufficient, accurate and complete relevant information in a timely manner in accordance with provisions;
(4) is unable to carry out follow-up credit rating in accordance with provisions; or
(一)上年末净资产不低于20亿元人民币;
(5) does not meet other conditions specified by the CIRC.
Article 50: When conducting bond repurchase transactions, an Insurance Institution shall effectively control the scale of the repurchase and circumvent liquidity risk.
(二)最近三个会计年度连续盈利;
When conducting bond transactions and repurchase transactions through the seat of a securities institution, an Insurance Institution shall check daily the balance of standard bonds and the repurchase of bonds that have not yet matured to prevent the improper holding and misappropriation of bonds and funds.
When conducting bond repurchase transactions on the inter-bank bond market, an Insurance Institution shall, in accordance with the relevant provisions of the CIRC, establish standards for selecting counterparties. The amount financed from a repurchase shall not be more than the fair market price of the mortgaged bond to prevent credit risk, market risk and moral risk.
(三)及时提供经审计的最近三个会计年度的财务报表;
Article 51: Where an insurance company entrusts a number of investment management institutions to conduct bond investments, the aggregate balance of such bond investments shall not exceed the investment ratio specified by the CIRC.
Article 52: An insurance asset management company entrusted with the management of the bond assets of a number of insurance companies and other institutions shall, in accordance with the asset allocation requirements of such insurance companies and other institutions, manage the bond assets fairly and impartially.
(四)待偿还企业(公司)债券的余额,不超过该企业最近一个会计年度净资产的40%;
The total investment ratios in one channel and the investment ratios in a single investment of an insurance asset management company's own funds and funds entrusted to it for management shall be calculated separately.
Article 53: An Insurance Institution shall select a seat of a securities institution that meets the conditions specified in the Stock Investment Measures to conduct bond transactions.
(五)担保人的资信不得低于发行人的信用级别;
Article 54: An Insurance Institution shall sign a brokerage agreement with the head company of the securities institution. The agreement shall at least specify the obligations of a securities institution as prescribed in the Stock Investment Measures. Where the securities institution violates the relevant obligations and the CIRC requires the Insurance Institution to change the securities institution, the Insurance Institution has the right to terminate the agreement early.
Article 55: The transfer of funds between an Insurance Institution and a bond asset custodian, and the payment of expenses between an Insurance Institution and a securities institution shall be done via transfer between accounts.
(六)及时提供执业律师出具的有关信息披露的法律意见书;
Article 56: The following are not allowed between an Insurance Institution and a securities institution or other non-insurance institutions:
(1) lease or lend the various bonds under custody;
(七)及时披露财务信息,披露内容至少包括资产总额、负债总额、主营业务收入、资产负债比率、EBITDA/利息、速动比率、股东权益收益率等指标和数据;
(2) sign a bond investment agency agreement;
(3) unlawfully transfer profits, or use other means to transfer benefits, in a direct or disguised manner to seek improper benefits; or
(八)中国保监会规定的其他条件。
(4) other acts prohibited by laws, administrative regulations or the CIRC.
PART SIX: REGULATION
第三十条保险机构投资的企业(公司)债券,应具有国内信用评级机构评定的AA级或者相当于AA级以上的长期信用级别。
Article 57: A securities institution that leases a trading seat to an Insurance Institution shall provide to the CIRC materials evidencing its compliance with the conditions set forth in the Stock Investment Measures and a letter of undertaking on the performance of its responsibilities. The CIRC shall, from the aspects of asset scale, corporate governance, internal control, good faith, research capability, market position, etc., carry out an evaluation of the securities institution and issue an examination opinion thereof.
Article 58: An Insurance Institution that opens a securities account or leases a trading seat shall submit to the CIRC a Securities Account Application Form and a Trading Seat Application Form, and after receiving a confirmation letter from the Funds Utilization Regulatory Department of the CIRC, complete the relevant procedures.
第三十一条保险机构投资的企业(公司)债券,应符合下列比例规定:
Article 59: An Insurance Institution shall, in accordance with provisions, submit to the CIRC the following forms, reports or other items:
(1) forms relevant to bond investments;
(一)投资企业(公司)债券的余额,按成本价格计算不得超过该保险机构上季末总资产的30%;
(2) methods for calculating risk indices and an explanation of the use thereof;
(3) duplicates of the bond custody agreement and the bond brokerage agreement signed with the custodian and the securities institution; and
(二)投资一家企业(公司)发行债券的余额,累计不得超过该保险机构上季末总资产的10%;
(4) other reporting items as required by the CIRC.
Article 60: The CIRC shall, periodically and non-periodically, carry out inspections of the bond investment risk control system, operation flow and credit risk assessment system, etc. of an Insurance Institution, and may appoint an accounting firm and other intermediary organizations to carry out inspections of the bond investments of the Insurance Institution.
(三)担保人符合下列条件之一,提供不可撤销连带责任担保的,保险机构投资同一期单品种企业(公司)债券的份额,不得超过该期单品种发行额的20%,余额不得超过该保险机构上季末总资产的5%。
Article 61: The CIRC shall formulate separate provisions for the verification of credit rating agencies of bonds that can be invested in by Insurance Institutions. Before the promulgation of such new provisions, the term 'credit rating agency' referred to in these Measures shall mean an enterprise bond credit rating agency approved by the CIRC.
Article 62: The CIRC shall formulate separate provisions for the investment by Insurance Institutions in asset-backed securities, financial bonds issued by non-bank financial institutions, short-term financing bills issued by financial institutions, and other financial products.
1、上年度国内信用评级在AA级以上的金融机构;
Article 63: The CIRC shall formulate separate provisions for the trading by Insurance Institutions in bond forwards and other derivative products.
Article 64: Where an Insurance Institution violates laws, administrative regulations or these Measures in its bond investments, the CIRC shall hold a regulatory discussion with or question the relevant senior management personnel and the principal operation personnel, and may, in serious circumstances, impose administrative penalties in accordance with the law.
2、铁路产业基金、三峡工程建设基金等国家专项基金;
Article 65: Where an Insurance Institution violates laws, administrative regulations or these Measures in its bond investments, the CIRC shall restrict the scope of bond investments or suspend the bond investment qualifications of the institution, and impose corresponding penalties in accordance with the relevant regulations.
PART SEVEN: SUPPLEMENTARY PROVISIONS
3、上年末净资产在200亿元人民币以上的非金融企业。
Article 66: For the purposes of these Measures, a branch established in China by a foreign insurance company shall be governed as a domestic Insurance Institution legal person.
Article 67: These Measures shall be interpreted by the CIRC. Where prior provisions are inconsistent with these Measures, these Measures shall prevail.
(四)担保人或者担保方式不符合本条第(三)项所列条件或者规定的,保险机构投资同一期单品种企业(公司)债券的份额,不得超过该期单品种发行额的10%,余额不得超过该保险机构上季末总资产的3%。
Article 68: These Measures shall be effective as of the date of promulgation.
* Translation provided by Boss & Young, Attorneys at Law, Shanghai. All rights reserved.
clp reference:3910/05.08.17prc reference:保监发 [2005] 72号promulgated:2005-08-17effective:2005-08-17第三十二条保险机构投资无担保的企业(公司)债券,由中国保监会另行规定。
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