Legislation roundup: Insurance law, securities investment funds and environmental protection

June 20, 2013 | BY

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The SPC has issued two Interpretations, one on the application of the Insurance Law and the other on criminal environmental pollution cases. The CSRC and CIRC have published Tentative Provisions on the sale of securities investment funds by insurance institutions

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Insurance

Supreme People's Court, Interpretation on Several Issues Concerning the Application of the «PRC Insurance Law» (2)

The Interpretation clarifies that a proposer has a duty to disclose to the insurer only matters related to the policy subject matter or matters related to the insured that he/she knows perfectly. The scope of such disclosure should be limited to the scope and details asked by the insurer. The insurer, in principle, cannot use generalised clauses when conducting an inquiry on the proposer.

See the full translation .

Further reading

PRC Insurance Law

China Securities Regulatory Commission and China Insurance Regulatory Commission, Tentative Provisions for the Administration of the Sale of Securities Investment Funds by Insurance Institutions

Insurance companies applying to sell securities investment funds should have minimum registered capital of at least Rmb500 million and at least 30 employees with fund business qualifications while insurance brokerages and agencies should have at least Rmb50 million of minimum registered capital and at least 10 employees with fund business qualifications.

See the digest for more details.

Further reading

Supreme People's Court and Supreme People's Procuratorate, Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Environmental Pollution Cases

The Interpretation gives examples to explain what is regarded as “causing significant losses to public or private property or serious harm to human health” or “causing serious consequences of significant losses to public or private property or human injuries or deaths”, such as:

(1) causing a 12-hour or more suspension of access to a centralised source of drinking water for a place at the township level or higher;

(2) causing public or private property loss of Rmb300,000 or more;

(3) causing evacuation or diversion of 5,000 or more persons; or

(4) causing 30 or more persons to be poisoned.

digest

Further reading

Justice, efficiency and the new Civil Procedure Law

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