China Insurance Regulatory Commission, Provisions for the Administration of the Qualifications of Directors and Senior Management Personnel of Insurance Companies

中国保险监督管理委员会保险公司董事和高级管理人员任职资格管理规定

September 02, 2006 | BY

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Promulgated: July 12 2006Effective: September 1 2006Interpreting authority: China Insurance Regulatory Commission (CIRC)Applicability: The term "branches…

Clp Reference: 3910/06.07.12 Promulgated: 2006-07-12 Effective: 2006-09-01

Promulgated: July 12 2006
Effective: September 1 2006
Interpreting authority: China Insurance Regulatory Commission (CIRC)
Applicability: The term "branches and sub-branches of insurance companies" refers to branches, central sub-branches, sub-branches and business departments established by insurance companies in accordance with the law (Article 2).
The term "senior management personnel" refers to the following personnel who have decision-making powers or significant influence over the operation and management activities of an insurance institution:
1. general managers, deputy general managers and assistants to general managers of the head office, branches and central sub-branches;
2. the secretary to the board of directors, person in charge of legal compliance, the chief actuary and the person in charge of finance of the head office;
3. managers of sub-branches and business departments; and
4. persons in charge having the same authority of office as the aforementioned senior management personnel (Article 3).

Where laws or administrative regulations have other stipulations on the administration of the qualifications of directors and senior management personnel of insurance group companies, insurance holding companies and policy insurance companies, such stipulations shall apply. Where laws or administrative regulations do not have such stipulations, these Provisions shall apply (Article 50). The stipulations on the qualifications administration of senior management personnel of insurance companies' head office in these Provisions shall also apply to senior management personnel of branches of foreign insurance companies (Article 51). Unless specially provided in the Provisions, the administration of the qualifications of independent directors, persons in charge of legal compliance, chief actuaries and persons in charge of finance shall be provided separately by the CIRC (Article 52).

Main contents: The check and approval system shall apply to the examination of qualifications of the following personnel:
(1) directors, and general managers, deputy general managers and assistants to general managers of the head office, branches and central sub-branches; and
(2) the secretary to the board of directors, the person in charge of compliance, the chief actuary and the person in charge of finance of the head office.

The reporting system shall apply to the examination of the qualifications of managers of sub-branches and business departments (Article 5). A person serving as the chairman of the board, general manager, deputy general manager or assistant to the general manager of an insurance company shall have at least five years of work experience in the financial market, or at least eight years of work experience in economics-related work, and work experience in a team-leading or management position of an enterprise, institution or state authority (Article 10). A person serving as the general manager, deputy general manager or assistant to the general manager of a branch or central sub-branch of an insurance company shall have at least three years of work experience in the financial market, or at least five years of work experience in economics-related work (Article 14). The qualification requirement to have an undergraduate degree for a person serving as the chairman of the board or a member of the senior management personnel may be relaxed to an associate's degree if the person has at least eight years of work experience in the insurance industry or has made outstanding contributions to the insurance industry. (Article 16). If a director or a member of the senior management personnel of an insurance institution deceives policyholders, the insured or beneficiaries, obstructs the policyholder from performing the obligation of honest information, or refuses to perform the obligation of paying indemnities or insurance benefits as stipulated in the insurance contract, or promises to offer various kinds of illegal benefits, the CIRC or its local offices may, depending on individual circumstances, impose a fine between Rmb20,000 and Rmb100,000 (Article 41).
Related legislation: PRC Insurance Law (Amended), Feb 28 2009, CLP 2009 No.3 p.35
Repealed legislation: Tentative Provisions for the Administration of Qualifications of Insurance Institution Senior Officers, Mar 1 2002 and Decision on Amendment of Relevant Articles of the «Tentative Provisions for the Administration of Qualifications of Insurance Institution Senior Officers» , Jul 23 2003, CLP 2003 No.7 p.14

clp reference:3910/06.07.12promulgated:2006-07-12effective:2006-09-01

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