China Insurance Regulatory Commission, Tentative Measures for Administration of the Transfer of Insurance Business by Insurance Companies

中国保险监督管理委员会保险公司保险业务转让管理暂行办法

November 08, 2011 | BY

clpstaff &clp articles &

Exit mechanism created for insurance companies.

Clp Reference: 3910/11.08.26 Promulgated: 2011-08-26 Effective: 2011-10-01

Promulgated: August 26 2011
Effective: October 13 2011
Interpreting authority: China Insurance Regulatory Commission (CIRC)

Applicability: The Measures shall not apply to reinsurance as specified in Article 28 of the PRC Insurance Law or the transfer of insurance business as specified in Article 92 or Article 139 of the PRC Insurance Law (Article 17). If the CIRC provides otherwise in respect of the transfer of insurance business by insurance companies, such provisions shall prevail (Article 18).

Main contents: The transfer of all or a part of its insurance business by an insurance company shall be subject to the approval of the CIRC (Article 3). Upon obtaining approval from the CIRC, the insurance company making the transfer shall inform the relevant proposers and insured in writing of relevant matters such as the basic particulars of the insurance company making the acquisition, the general outline of the transfer plan and the assumption of liability, and secure their consent therefor. If the insured under a personal insurance contract has died, the insurance company making the transfer shall inform the beneficiaries in writing and secure the consent therefor (Article 13).

When transferring insurance business, an insurance company may not divulge trade secrets or the private information of individuals learnt in the course of such transfer, or harm the lawful rights and interests of proposers, the insured and beneficiaries (Article 5). The insurance company that is the transferee of insurance business shall, in accordance with the original insurance contract, assume the obligations toward the proposers, insured and beneficiaries borne by the insurance company making the transfer (Article 7).

Related legislation: PRC Insurance Law (Amended), Feb 28 2009, CLP 2009 No.3 p.35

clp reference:3910/11.08.26prc reference:保监会令 [2011] 第1号promulgated:2011-08-26effective:2011-10-01

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