外国保险机构驻华代表机构管理办法_法律英语

外国保险机构驻华代表机构管理办法

文章来源：文章作者：发布时间：2007-06-22 01:32 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

保监会令[2004]1号

颁布日期：20040115 　实施日期：20040301 　颁布单位：中国保险监督管理委员会

　　Chapter I　General Provisions

　　Article 1

　　These rules are formulated¹ in accordance with the Insurance Law of the People's Republic of China， and for the purpose of strengthening the administration of representative offices of foreign insurance institutions （hereinafter referred to as “representative offices”）， and meeting the needs of the opening up of China's insurance market to the outside world.

　　Article 2

　　Foreign insurance institutions hereof referred to in these rules are those insurance companies， reinsurance companies， insurance intermediaries， insurance associations， and other insurance organizations incorporated outside the territory of the People's Republic of China.

　　Representative offices hereof referred to in these rules are both representative offices and general representative offices established by foreign insurance institutions within Chinese territory for the purpose of conducting such non-operational activities as liaison² service and market research etc.

　　Chief Representative hereof referred to in these rules is the principal responsible person of the representative office， and the general representative is the principal responsible person of the general representative office.

　　Article 3

　　Representative offices shall abide³ by Chinese laws and regulations and related regulations made by China Insurance Regulatory Commission （hereinafter referred to as “CIRC”） and their legitimate⁴ rights and interests are protected by Chinese laws.

　　Article 4

　　CIRC is authorized⁵ by law and the State Council to perform regulatory responsibilities over the representative offices.

　　Under the authorization⁶ scope of CIRC， the local branch offices of CIRC take general regulation of those representative offices that are located in their jurisdictions⁷ on behalf of CIRC.

　　Chapter Ⅱ

　　Application and Establishment

　　Article 5

　　Foreign insurance institutions （hereinafter referred to as “the applicant⁸”） applying to establish a representative office shall satisfy the following requirements：

　　（1） Good business performance；

　　（2） No record of any major violation⁹ of laws and regulations within three years prior to the application date；

　　（3） Other prudential requirements stipulated¹⁰ by CIRC.

　　Article 6

　　The formal application form for the establishment of representative office is provided by CIRC.

　　Article 7

　　The applicant shall submit the following documents：

　　（1） The formal application form；

　　（2） A letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution；

　　（3） A photocopy¹¹ of the business license¹² or the certificate of authorization for insurance business， or the registry certificate issued by the relevant regulatory authorities of its home country or territory；

　　（4） Articles of association and the name list of the members of the Board of Directors， management personnel or principal partners；

　　（5） Annual reports of the last three years prior to the application；

　　（6） A letter of permit issued by the competent authority of its home country or territory allowing it to set up a representative office in China， or a letter of recommendation from the industrial association of which the applicant is a member， and both types of letters shall contain information about the penalty records of the applicant received within three years prior to the application；

　　（7） A power of attorney signed by the Chairman of the Board or General Manager for the chief representative designated；

　　（8） The resume of the designated chief representative and other relevant supporting documents；

　　（9） Other documents and materials required by CIRC.

　　The photocopy of the business license or the certificate of authorization for insurance business， or the registry certificate shall be subject to notarization certified¹⁴ by the applicant's home country or territory or verification by the resident Embassy or Consulate¹⁵ of the People's Republic of China in the applicant's home country or territory.

　　Article 8

　　The applicant shall submit its application documents to CIRC. CIRC shall handle all the applications according to the following conditions：

　　（1） If the document has a mistake （mistakes） that can be corrected on the spot， the applicant shall be allowed to make the correction on the spot；

　　（2） If the document is incomplete or does not comply with regulatory formats¹⁶， the applicant shall be informed on the spot or within five days of all the required corrections at one time. If the applicant is not informed of such information in this period， then it is assumed that the application is accepted for review on the day it is received by CIRC；

　　（3） If the document is complete and complies with regulatory formats， or after the applicant， upon request， has submitted additional documents and made necessary corrections， then the application shall be accepted for review.

　　Whether or not CIRC accepts the application for review， CIRC shall issue a written document with designated stamp and date indicated.

　　Article 9

　　Within 20 days from the date of receiving the application letter， CIRC shall make a decision on whether or not to approve. If the decision can not be made in the said 20 days， at the approval of the Chairman of CIRC， the said period can be extended 10 more days and the applicant shall be informed of reasons for the extension.

　　If CIRC decides to approve the application， it shall issue an approval document； in case of disapproval¹⁷， CIRC shall state reasons in a written document.

　　Article 10

　　After a representative office receiving the official document of approval， it shall register with the State Administration of Industry and Commerce in line with relevant rules.

　　The representative office shall move into its official premises¹⁸ within three months from the date on which the approval document is issued； the approval document shall automatically become invalid¹⁹ if the said deadline is not observed.

　　Article 11

　　Any foreign insurance institution that has already established no less than two representative offices in China shall be allowed to apply to CIRC to appoint one of its representative offices as a general representative office.

　　Article 12

　　In applying to appoint the general representative office， foreign insurance institutions shall submit a letter of application addressed to the Chairman of CIRC and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.

　　The application for setting up a general representative office is subject to the same rules governing the application of a representative office.

　　Chapter Ⅲ

　　Supervision²⁰ and Administration

　　Article 13

　　The official title of the representative office shall be arranged in the following order： name of the foreign insurance institution + name of the city where the representative office is to be located + representative office； The official title of the representative office shall be arranged in the following order： name of the foreign insurance institution + general representative office in China.

　　Article 14

　　Except the principal responsible person， other major staff members shall be entitled “Representative” or “Deputy Representative”。

　　Article 15

　　Employees of representative office shall abide by Chinese laws and regulations， with high integrity and clean record.

　　Article 16

　　A general representative shall have a work experience above 8 years and hold a junior college degree or a higher academic degree； a chief representative shall have a work experience above 5 years， and hold a junior college degree or a higher academic degree.

　　Without a junior college degree， the general representative or chief representative shall have a work experience above 10 years in the insurance business.

　　Article 17

　　A maximum of three employees of foreign nationality are allowed in each representative office.

　　Article 18

　　A representative office and its employees shall not enter into any agreement or contract with any legal or natural persons， which might generate an income to the representative office or the foreign insurance institution it represents， and shall not be involved in business activities of any kind.

　　Article 19

　　A representative office shall have official premises， necessary office facilities and full-time²¹ staff.

　　Article 20

　　The General Representative or Chief Representative shall not work in two or more representative offices or any business institution in China.

　　Article 21

　　The General Representative or Chief Representative shall attend to the daily activities of the representative office on a permanent basis. If he or she consecutively²² stays away from the representative office for a period or more than one month， he or she shall delegate his or her responsibility as the General Representative or Chief Representative to a person specially²³ appointed， and submit a written report to the local branch office of CIRC.

　　Article 22

　　A representative office shall submit two copies of its annual work report of the previous year before the end of each February to the CIRC's local branch office， who shall then forward the report to CIRC's head office.

　　The work report shall follow the format¹³ prescribed by CIRC.

　　Article 23

　　A representative office shall submit the annual report of the foreign insurance institution it represents to both CIRC and CIRC's local branch office within six months after the end of each accounting²⁴ year of the foreign insurance institution.

　　Article 24

　　If any following major event occurs in an insurance institution that has maintained a representative office in China， the representative office shall， within 10 days after the occurrence of the event， submit a written report to CIRC and copy the report to CIRC's local branch office.

　　（1） A change in its articles of association， register capital， and registered business address；

　　（2） Division or merger²⁵ or change of top management；

　　（3） Serious losses resulted in business operation；

　　（4） Penalties imposed for violations²⁶ of laws and regulations；

　　（5） Major regulatory actions taken against it by the regulatory authorities of its home country or territory；

　　（6） Other matters which may seriously disrupt business operation of the foreign insurance institution.

　　Article 25

　　In case of changing a General Representative or Chief Representative， the representative office shall apply to CIRC， and submit the following documents：

　　（1） A letter of application addressed to the Chairman of CIRC， and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution；

　　（2） Power of attorney of the proposed General Representative or chief representative signed by the Chairman of the Board of Directors or General Manager；

　　（3） Proof of personal identity certificates， certificate of academic degree and resume of the proposed General Representative or Chief Representative.

　　Article 26

　　If a foreign insurance institution intends to terminate its representative office's operation， it shall submit a letter of application addressed to the Chairman of CIRC， and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution.

　　Article 27

　　If a foreign insurance institution intends to change the name of its representative office， it shall submit a letter of application addressed to the Chairman of CIRC， and signed by its Chairman of the Board of Directors or General Manager of the concerned insurance institution， together with other relevant proving documents about the renaming.

　　Article 28

　　Under the situation stipulated in Article 25， Article 26， and Article 27， CIRC shall make a decision on whether to approve or disapprove²⁷ of the application within 20 days from the date of receiving a complete set of application documents.

　　If a decision of approval is made， it shall issue an approval document； if a decision of disapproval is made， it shall notify the applicant in writing and give the reasons.

　　Article 29

　　A representative office can change its office location within the same administrative²⁸ area it resides only.

　　The concerned representative office shall submit CIRC's local branch office of its new office address， telephone and fax numbers within 5 days from the date of changing.

　　Article 30

　　In case of changing， increasing or reducing the number of Representatives， Deputy Representatives， or foreign employees， the concerned representative office shall report to CIRC's local branch office within 5 days from the date of changing， and submit the proof of personal identity certificates， certificate of academic degree and resume of the nominated personnel.

　　Article 31

　　When a representative office is approved to be changed to a general representative office， the original representative office is cancelled automatically. The general representative office shall apply to the State Administration of the Industry and Commerce for cancellation²⁹ of the registration³⁰ of the representative office within one month from the date of CIRC's approval within one month from the date of CIRC's approval.

　　Article 32

　　If a general representative office is the only representative office in China after the insurance institution it represents withdraws all other representative offices， the general representative office shall be changed into a representative office.

　　The general representative office shall apply to CIRC by submitting an application letter regarding such change signed by the Chairman of the Board of Directors or General Manager of the concerned foreign insurance institution. Within 20 days from the date of receiving the application letter， CIRC shall make a decision on whether or not to approve. If CIRC decides to accept the application， it shall issue an approval document； in case of disapproval， CIRC shall state reasons in a written document.

　　When a general representative office is approved to be changed to a representative office， the original general representative office is cancelled automatically. The representative office shall apply to the State Administration of the Industry and Commerce for cancellation of its registration within one month from the date of CIRC's approval.

　　Article 33

　　After a representative office of the foreign insurance institution is terminated by the CIRC， all the issues left unsettled shall be taken over and handled by its general representative office in China； if there is no such a general representative office， responsibilities on all issues left unsettled shall be taken over and handled by the foreign insurance institution's other representative offices in China； if there is no any

　　other representative office in China， responsibilities on all issues left unsettled shall be borne by the foreign insurance institution itself.

　　Article 34

　　CIRC and its local branch offices conduct general supervision and annual inspection³¹ over the representative offices of foreign institutions in regard to the following issues：

　　（1） The completeness of the procedures for the changes made by the representative office；

　　（2） The truthfulness³² of the documents and materials submitted to CIRC；

　　（3） The completeness of the procedures for the appointments or changes of staff members of representative offices；

　　（4） Whether or not representative offices are conducting business activities；

　　（5） Other items required by CIRC and its local branch offices.

　　Chapter Ⅳ

　　Legal Liability

　　Article 35

　　Any representative office established without approval， in violation of certain provisions of these Rules， shall be banned by CIRC in accordance with law.

　　Article 36

　　If a representative office is engaged in financial business activities in violation of these Rules， it shall be punished by CIRC in line with relevant laws and regulations. If a representative office is engaged in profit-seeking operational activities other than insurance business， it shall be imposed a disciplinary warning or a fine below RMB 300，000 yuan.

　　Article 37

　　If a representative office fails to submit relevant reports or documents as stipulated in Article 22， 23， 24 of these Rules to CIRC， it shall be imposed a warning and ordered to make correction by CIRC's local branch office.

　　Article 38

　　Employees of a representative office being with direct responsibility for activities violating these Rules shall be imposed by CIRC with a disciplinary warning and /or a fine below RMB 5000 yuan， according to the seriousness of the cases.

　　Article 39

　　CIRC may issue a disciplinary warning to a representative office involved in providing false information or concealing³³ important facts.

　　Article 40

　　CIRC may order the representative offices， found in violation of other provisions stipulated in these Rules， to make corrections； those who do not make corrections within a prescribed time period shall be issued a disciplinary warning.

　　Chapter Ⅴ

　　Supplementary³⁴ Provisions

　　Article 41

　　These Rules shall， mutatis mutandis， apply to the representative offices established in the mainland by insurance institutions from the Hong Kong Special Administrative Region， the Macao Special Administrative Region， and Taiwan region.

　　Article 42

　　These Rules shall， mutatis mutandis， apply to the resident offices of foreign insurance institutions approved to establish in China by CIRC.

　　Article 43

　　The terms “above”， “below” and “within” used to indicate a threshold number shall include the number itself.

　　Article 44

　　The approval and reporting periods prescribed in these Rules concerning licensing³⁵ and reporting periods refer to working days， which exclude weekends and public holidays.

　　Article 45

　　CIRC shall be responsible for the interpretation³⁶ of these Rules.

　　Article 46

　　These Rules shall be effective as of March 1， 2004， and the Rules on Administration of Representative Offices of Foreign Insurance Institutions， issued by CIRC on November 26， 1999 shall be repealed³⁷ simultaneously³⁸.

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收听单词发音

1 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

2 liaison
n.联系，（未婚男女间的）暖昧关系，私通
参考例句：
She acts as a liaison between patients and staff.她在病人与医护人员间充当沟通的桥梁。 She is responsible for liaison with researchers at other universities.她负责与其他大学的研究人员联系。

3 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

4 legitimate
adj.合法的，合理的，合乎逻辑的；v.使合法
参考例句：
Sickness is a legitimate reason for asking for leave.生病是请假的一个正当的理由。 That's a perfectly legitimate fear.怀有这种恐惧完全在情理之中。

5 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

6 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

7 jurisdictions
司法权( jurisdiction的名词复数 )；裁判权；管辖区域；管辖范围
参考例句：
Butler entreated him to remember the act abolishing the heritable jurisdictions. 巴特勒提醒他注意废除世袭审判权的国会法令。 James I personally adjudicated between the two jurisdictions. 詹姆士一世亲自裁定双方纠纷。

8 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

9 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

10 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

11 photocopy
n.影印本；v.影印
参考例句：
The original reproduces clearly in a photocopy.原件复印得十分清晰。 What's wrong with the photocopy machine?复印机出了什么问题？

12 license
n.执照，许可证，特许；v.许可，特许
参考例句：
The foreign guest has a license on the person.这个外国客人随身携带执照。 The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

13 format
n.设计，版式；[计算机]格式，DOS命令:格式化(磁盘)，用于空盘或使用过的磁盘建立新空盘来存储数据；v.使格式化，设计，安排
参考例句：
Please format this floppy disc.请将这张软盘格式化。 The format of the figure is very tasteful.该图表的格式很雅致。

14 certified
a.经证明合格的；具有证明文件的
参考例句：
Doctors certified him as insane. 医生证明他精神失常。 The planes were certified airworthy. 飞机被证明适于航行。

15 consulate
n.领事馆
参考例句：
The Spanish consulate is the large white building opposite the bank.西班牙领事馆是银行对面的那栋高大的白色建筑物。 The American consulate was a magnificent edifice in the centre of Bordeaux.美国领事馆是位于波尔多市中心的一座宏伟的大厦。

16 formats
n.（出版物的）版式( format的名词复数 )；[电视]电视节目的总安排（或计划）
参考例句：
They are producing books in all kinds of different formats. 他们出版各种不同开本的书籍。来自《简明英汉词典》 A true GUI includes standard formats for representing text and graphics. 真正的图形用户界面包括表示文字和图形的标准格式。来自互联网

17 disapproval
n.反对，不赞成
参考例句：
The teacher made an outward show of disapproval.老师表面上表示不同意。 They shouted their disapproval.他们喊叫表示反对。

18 premises
n.建筑物，房屋
参考例句：
According to the rules,no alcohol can be consumed on the premises.按照规定，场内不准饮酒。 All repairs are done on the premises and not put out.全部修缮都在家里进行，不用送到外面去做。

19 invalid
n.病人，伤残人；adj.有病的，伤残的；无效的
参考例句：
He will visit an invalid.他将要去看望一个病人。 A passport that is out of date is invalid.护照过期是无效的。

20 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

21 full-time
adj.满工作日的或工作周的，全时间的
参考例句：
A full-time job may be too much for her.全天工作她恐怕吃不消。 I don't know how she copes with looking after her family and doing a full-time job.既要照顾家庭又要全天工作，我不知道她是如何对付的。

22 consecutively
adv.连续地
参考例句：
He was actually too depleted to think consecutively about anything. 他已经打不起一点精神，根本谈不上好好思考一下。来自辞典例句 In any game, the right to serve shall pass consecutively. 在一局中，不错的发球挨次应该是。来自互联网

23 specially
adv.特定地；特殊地；明确地
参考例句：
They are specially packaged so that they stack easily.它们经过特别包装以便于堆放。 The machine was designed specially for demolishing old buildings.这种机器是专为拆毁旧楼房而设计的。

24 accounting
n.会计，会计学，借贷对照表
参考例句：
A job fell vacant in the accounting department.财会部出现了一个空缺。 There's an accounting error in this entry.这笔账目里有差错。

25 merger
n.企业合并，并吞
参考例句：
Acceptance of the offer is the first step to a merger.对这项提议的赞同是合并的第一步。 Shareholders will be voting on the merger of the companies.股东们将投票表决公司合并问题。

26 violations
违反( violation的名词复数 )；冒犯；违反（行为、事例）；强奸
参考例句：
This is one of the commonest traffic violations. 这是常见的违反交通规则之例。 These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

27 disapprove
v.不赞成，不同意，不批准
参考例句：
I quite disapprove of his behaviour.我很不赞同他的行为。 She wants to train for the theatre but her parents disapprove.她想训练自己做戏剧演员，但她的父母不赞成。

28 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

29 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

30 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

31 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

32 truthfulness
n. 符合实际
参考例句：
Among her many virtues are loyalty, courage, and truthfulness. 她有许多的美德，如忠诚、勇敢和诚实。 I fired a hundred questions concerning the truthfulness of his statement. 我对他发言的真实性提出一连串质问。

33 concealing
v.隐藏，隐瞒，遮住( conceal的现在分词 )
参考例句：
Despite his outward display of friendliness, I sensed he was concealing something. 尽管他表现得友善，我还是感觉到他有所隐瞒。来自《简明英汉词典》 SHE WAS BREAKING THE COMPACT, AND CONCEALING IT FROM HIM. 她违反了他们之间的约定，还把他蒙在鼓里。来自英汉文学 - 三万元遗产

34 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

35 licensing
v.批准，许可，颁发执照( license的现在分词 )
参考例句：
A large part of state regulation consists of occupational licensing. 大部分州的管理涉及行业的特许批准。来自英汉非文学 - 行政法 That licensing procedures for projects would move faster. 这样的工程批准程序一定会加快。来自辞典例句

36 interpretation
n.解释，说明，描述；艺术处理
参考例句：
His statement admits of one interpretation only.他的话只有一种解释。 Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

37 repealed
撤销，废除( repeal的过去式和过去分词 )
参考例句：
The Labour Party repealed the Act. 工党废除了那项法令。 The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

38 simultaneously
adv.同时发生地，同时进行地
参考例句：
The radar beam can track a number of targets almost simultaneously.雷达波几乎可以同时追着多个目标。 The Windows allow a computer user to execute multiple programs simultaneously.Windows允许计算机用户同时运行多个程序。

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