Regulations on the Supervision of Insurance Adjusters (revised in 2015)

(China Insurance Regulatory Commission Order No. 7 of 2009 issued on September 25, 2009, according to September 2013 The first revision of the China Insurance Regulatory Commission Order No. 10 of 2013 on the 29th, "Decision on Amending the Regulations on the Supervision of Insurance Adjustment Agencies", was revised for the first time in accordance with the China Insurance Regulatory Commission Order No. 3 of 2015 on October 19, 2015. "Decision on Amending Eight Regulations including the Measures for the Administration of the Establishment of Overseas Insurance Institutions by Insurance Companies" (2nd revision)

Chapter 1 General Provisions

Article 1 is to regulate insurance The business activities of public accounting agencies, protecting the legitimate rights and interests of parties involved in insurance activities, maintaining market order, and promoting the healthy development of the insurance industry, are formulated in accordance with the Insurance Law of the People's Republic of China (hereinafter referred to as the "Insurance Law") and other laws and administrative regulations. these regulations.

Article 2 The term “insurance adjustment agency” as mentioned in these regulations refers to an agency that accepts entrustment and specializes in the assessment, inspection, appraisal, loss assessment and other services of insurance subjects or insurance accidents, and collects remuneration according to the agreement. mechanism.

To establish an insurance adjustment agency within the territory of the People's Republic of China, it must meet the qualifications stipulated by the China Insurance Regulatory Commission (hereinafter referred to as the China Insurance Regulatory Commission) and obtain an insurance adjustment business license (hereinafter referred to as the China Insurance Regulatory Commission). referred to as a license).

Article 3: Insurance adjustment agencies shall abide by laws, administrative regulations and relevant provisions of the China Insurance Regulatory Commission, and follow the principles of independence, objectivity, fairness and impartiality.

Article 4: Insurance adjustment agencies engaged in insurance adjustment business in accordance with the law are protected by law, and no unit or individual may interfere.

Article 5 If an insurance adjustment agency causes damage to the insurance company or the insured due to its fault during the process of insurance adjustment business, it shall bear liability for compensation in accordance with the law.

Article 6: The China Insurance Regulatory Commission shall, in accordance with the authorization of the State Council, perform its supervisory duties over insurance adjustment agencies.

The dispatched offices of the China Insurance Regulatory Commission shall perform supervisory duties within the scope authorized by the China Insurance Regulatory Commission.

Chapter 2 Market Access

Section 1 Institutional Establishment

Article 7 The insurance adjustment agency shall adopt the following organizational form:

(2) Joint stock limited company;

(3) Partnership enterprise.

Article 8 To establish an insurance adjustment agency, the following conditions must be met:

(1) The shareholders, promoters or partners have good reputation and have no major illegal records in the past three years;< /p>

(2) The company’s articles of association or partnership agreement comply with relevant regulations;

(3) The chairman, executive directors and senior managers meet the prescribed conditions;

( 4) Have a sound organizational structure and management system;

(5) Have a fixed residence commensurate with the business scale;

(6) Have a business, Financial and other computer software and hardware facilities;

(7) Other conditions stipulated by laws, administrative regulations and the China Insurance Regulatory Commission.

Article 9 The registered capital of an insurance adjustment agency shall be the capital contribution subscribed by all shareholders registered with the company registration authority.

Article 10: Units or individuals that are prohibited from investing in enterprises in accordance with laws and administrative regulations shall not become promoters, shareholders or partners of insurance loss adjustment agencies.

If employees of an insurance company invest in an insurance adjustment agency, they shall notify the insurance company in writing; if directors or senior managers of insurance companies or insurance intermediary companies invest in an insurance adjustment agency, they shall notify them in writing in accordance with the "People's Republic of China" *The relevant provisions of the Company Law of the People's Republic of China (hereinafter referred to as the "Company Law") require the consent of the shareholders' meeting or general meeting of shareholders.

Article 11 The names of insurance adjusters and adjusters and their branches shall include the words "insurance adjusters", and the font size shall not be the same as that of existing insurance adjusters, unless otherwise stipulated by the China Insurance Regulatory Commission. .

Article 12 To apply for the establishment of an insurance adjustment agency, all shareholders, all promoters or all partners shall designate representatives or jointly entrust agents to handle the application matters with the China Insurance Regulatory Commission.

Article 13 An insurance adjustment agency may apply to establish a branch or business department. An insurance adjustment agency applying to establish a branch must meet the following conditions:

(1) Sound internal control system; Illegal behavior;

(3) The proposed principal person in charge meets the prescribed conditions;

(4) The proposed branch has a business premises that meets the requirements and other business-related facilities facility.

Article 14 After receiving an application for the establishment of an insurance adjustment agency, the China Insurance Regulatory Commission may provide risk warnings to the applicant, conduct interviews regarding the application for establishment, and inquire about and understand the market development strategy and business of the proposed agency. Development plans, internal control system construction, personnel structure and other related matters.

The China Insurance Regulatory Commission can organize on-site acceptance based on actual needs.

Article 15 If the China Insurance Regulatory Commission approves the establishment of an insurance adjustment agency or an insurance adjustment branch in accordance with the law, it shall issue a license to the applicant.

Article 16 If an insurance adjustment agency has any of the following circumstances, it shall report in writing to the China Insurance Regulatory Commission within 5 days from the date of making the change resolution:

(1) Change of name or the name of the branch;

(2) Change of residence or business location of the branch;

(3) Change of name of the sponsor, major shareholder or investor;

(4) Change of major shareholders or investors;

(5) Major changes in equity structure or capital contribution ratio;

(6) Changes in registered capital or capital contribution;

(7) Modify the company's articles of association or partnership agreement;

(8) Split, merge, dissolve or change the organizational form;

(9) Cancel the branch.

Article 17 If the changes to the insurance adjustment agency and its branches involve the content recorded in the license, the original license shall be returned, a new license shall be obtained, and the relevant changes shall be made in accordance with the "Insurance License Management Measures" Announcement is required.

Article 18 The license of an insurance adjustment agency is valid for three years. The insurance adjustment agency shall apply to the China Insurance Regulatory Commission for renewal 30 days before the expiration of the validity period.

If an insurance adjustment agency applies to extend the license validity period, the China Insurance Regulatory Commission will conduct a comprehensive review and comprehensive evaluation of the insurance adjustment agency's operations in the previous three years before the license expires, and make a decision on whether to approve the license extension. Determine the validity period of the certificate. If it is decided not to extend, the reasons shall be stated in writing.

The insurance adjustment agency shall return the original license to the China Insurance Regulatory Commission within 10 days from the date of receipt of the decision; if the extension of the validity period is approved, a new license shall be obtained.

Section 2 Qualifications

Article 19 The term “senior management personnel of an insurance adjustment agency” as mentioned in these regulations refers to the following personnel:

(1) Company The general manager, deputy general manager or managers with the same authority of an insurance adjustment agency;

(2) Partners or managers with the same authority of a partnership insurance adjustment agency that performs partnership affairs ;

(3) The main person in charge of the insurance adjuster branch.

Article 20 The proposed chairman, executive director and senior managers of an insurance adjustment agency shall meet the following conditions:

(1) College degree or above;

(2) Have been engaged in economic work for more than 2 years;

(3) Have the operational and management capabilities required to perform duties, and be familiar with insurance laws, administrative regulations and relevant provisions of the China Insurance Regulatory Commission;

(4) Honesty and trustworthiness and good conduct;

(5) Other conditions stipulated by the China Insurance Regulatory Commission.

Those who have been engaged in finance or evaluation work for more than 10 years are not subject to the restriction in item (1) of the preceding paragraph.

Article 21 Anyone who falls under the circumstances specified in Article 146 of the Company Law or one of the following circumstances shall not serve as the chairman, executive director or senior manager of an insurance adjustment agency:

(1) Anyone who serves as a director, supervisor or senior manager of an insurance company or insurance intermediary whose license has been revoked due to violation of laws and who bears personal responsibility or direct leadership responsibility for the revoked license shall be liable to It has not been more than 3 years since the license was revoked;

(2) Directors, supervisors or senior managers of financial institutions whose qualifications have been canceled by the financial regulatory agency due to illegal or disciplinary violations shall be cancelled. It has not been more than five years since the date of qualification;

(3) The financial regulatory agency decides to prohibit entry into the financial industry within a certain period of time, and the period has not expired;

(4) Due to Professionals from asset appraisal institutions, verification institutions and other institutions whose professional qualifications have been revoked for illegal or disciplinary conduct, and it has not been more than 5 years since the date of their professional qualifications being revoked;

(5) Received warning from financial regulatory agencies or the fine has not exceeded 2 years;

(6) Being investigated by judicial organs, disciplinary inspection and supervision departments or financial regulatory agencies;

(7) Other circumstances specified by the China Insurance Regulatory Commission.

Article 22 Without the approval of the shareholders’ meeting or general meeting of shareholders, directors and senior managers of an insurance adjustment company shall not hold concurrent positions in institutions with conflicts of interest.

Partners of an insurance adjustment agency shall not engage in business on their own or in cooperation with others to engage in business that competes with the agency.

Article 23 When an insurance adjustment agency appoints or removes its chairman, executive directors and senior managers, it shall report in writing to the China Insurance Regulatory Commission within 5 days from the date of the decision.

The China Insurance Regulatory Commission may require insurance adjusters to replace chairman of the board, executive directors and senior managers who do not meet the prescribed conditions.

Article 24 If the chairman, executive director and senior managers of an insurance adjustment and adjustment agency are prosecuted for suspected economic crimes, the insurance adjustment and adjustment agency shall close the case within 5 days from the date of prosecution. A written report shall be made to the China Insurance Regulatory Commission within 5 days from the date of the incident.

Article 25: If an insurance adjustment agency appoints a temporary person-in-charge under special circumstances, it shall report to the China Insurance Regulatory Commission in writing within 5 days from the date of the appointment decision. The temporary person in charge shall serve for a maximum period of 3 months.

Chapter 3 Business Rules

Section 1 General Provisions

Article 26 Insurance adjustment agencies and their branches shall place their licenses in Prominent location of residence or business premises.

Article 27 Insurance adjustment agencies may engage in the following businesses:

(1) Inspection, valuation and risk assessment of the insurance subject matter before and after underwriting;

(2) Survey, inspection, loss assessment and residual value treatment of the insured subject after the accident;

(3) Risk management consulting;

(IV) ) Other businesses approved by the China Insurance Regulatory Commission.

Article 28 Insurance adjustment agencies and their branches may engage in insurance adjustment activities within the territory of the People’s Republic of China.

Article 29 Employees of insurance adjustment agencies and their branches shall meet the conditions prescribed by the China Insurance Regulatory Commission.

The term “insurance adjustment practitioners” as mentioned in these regulations refers to those personnel in insurance adjustment agencies and their branches who are engaged in pre-underwriting inspection, valuation and risk assessment of the insurance subject matter, or who are engaged in post-risk survey and assessment of the insurance subject matter. Personnel engaged in inspection, loss estimation and other business operations.

Article 30 Insurance adjustment agencies and their branches shall provide insurance law and business knowledge training and professional ethics education to the employees of the agency.

Article 31 Insurance adjustment agencies and their branches shall establish special account books to record the income and expenditure of insurance adjustment business.

Insurance adjustment agencies and their branches shall establish complete and standardized business files. The business files shall include the following contents:

(1) The main circumstances involved in the insurance adjustment business, Including the names of the insurer, policy holder, insured and beneficiary, insurance subject matter, type of accident, estimated loss amount, etc.;

(2) Remuneration amount and collection situation;

The records of the insurance adjuster should be complete and true.

Article 32 Insurance adjustment agencies and their practitioners shall enjoy the following rights:

(1) According to the needs of executing business, require the client and other relevant parties to provide relevant insurance Documents, materials and other necessary assistance for the adjustment;

(2) Engage in insurance adjustment activities objectively and fairly, and suspend the execution of the business or terminate the business when the parties do not provide assistance or request the issuance of a false insurance adjustment report Performance of the contract;

(3) Other rights stipulated by laws, administrative regulations and the China Insurance Regulatory Commission.

Article 33 Insurance adjustment agencies and their practitioners shall perform the following obligations:

(1) Comply with laws, administrative regulations and the provisions of the China Insurance Regulatory Commission, accept industry management, and maintain Industry reputation;

(2) Comply with evaluation criteria, professional ethics and relevant standards;

(3) Check the authenticity of relevant documents, certificates and materials used;

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(4) Other obligations stipulated by laws, administrative regulations and the China Insurance Regulatory Commission.

Article 34 If an insurance adjustment agency, insurance adjustment branch or its employees has an interest in a party involved in insurance adjustment activities, the other parties shall be notified.

Parties involved in adjustment and adjustment activities have the right to request the avoidance of insurance adjustment agencies or insurance adjustment practitioners who have an interest in themselves or other evaluation parties.

Article 35: The insurance adjustment agency to which the insurance adjustment and adjustment agency belongs shall bear the responsibility for the behavior of insurance adjustment and adjustment practitioners in carrying out insurance adjustment and adjustment business.

Article 36: Insurance adjustment agencies and their branches engaged in insurance adjustment business shall sign a written entrustment contract with the client to stipulate the rights, obligations and other matters of both parties in accordance with the law. The entrustment contract shall not violate laws, administrative regulations and relevant provisions of the China Insurance Regulatory Commission.

Article 37: In the process of conducting business, insurance adjustment agencies and their branches shall prepare standardized customer notification letters and present them to customers when conducting business.

The customer notification letter shall include at least the name, business location, contact information, business scope and other basic matters of the insurance adjustment agency and its branches.

If an insurance adjustment agency and its directors and senior managers have related relationships with insurance companies and insurance intermediaries related to the adjustment business, they shall state this in the client notification.

Article 38: Insurance adjustment agencies, insurance adjustment branches and their employees shall perform their duties diligently and diligently in the process of conducting adjustment business, and there shall be no major omissions in insurance adjustment reports.

If the insurance loss adjustment report involves the amount of compensation, the corresponding insurance clauses on which the compensation amount is based should be specified.

Section 2 Prohibited Behaviors

Article 39 Insurance adjustment agencies and their branches shall not forge, alter, rent, lend or transfer licenses.

Article 40 Insurance adjustment and adjustment practitioners shall not solicit or engage in insurance adjustment business in their own names or practice in more than two insurance adjustment agencies at the same time.

Article 41 Insurance adjustment agencies, insurance adjustment branches and their employees shall not deceive policyholders, insured persons, beneficiaries or insurance companies in the following manner during the process of conducting adjustment business: Behaviors:

(1) Issue false or unfair insurance adjustment reports to the parties to the insurance contract;

(2) Conceal or fabricate important information related to the insurance contract;< /p>

(3) Falsely using the name of another institution or allowing other institutions to practice in the name of the institution;

(4) Practitioners falsely using the name of others or allowing others to practice in their own name, or acting on behalf of others Others sign the insurance adjustment report;

(5) Collusion with the policyholder, the insured or the beneficiary to defraud the insurance money;

(6) By fabricating insurance accidents that have never happened or Deliberately exaggerating the extent of losses from insurance accidents that have occurred and making false claims;

(7) Other behaviors that deceive policyholders, insureds, beneficiaries or insurance companies.

Article 42 Insurance adjustment agencies, insurance adjustment branches and their employees shall not engage in the following conduct during the course of conducting adjustment business:

(1) Falsity Advertising and false publicity;

(2) Damaging the business reputation of other insurance intermediaries by fabricating and spreading false facts, using administrative penalty results to slander, or disrupting market order with other unfair competition practices;< /p>

(3) Using administrative power, shareholder advantageous position or professional convenience or other improper means to force, induce or restrict insurance applicants to enter into insurance adjustment contracts, accept insurance adjustment results or restrict other insurance intermediaries' legitimate Business activities;

(4) Giving or promising to give other benefits other than those agreed in the contract to the insurance company and its staff, policyholders, insureds or beneficiaries;

(5) Taking advantage of business convenience to obtain improper benefits for other institutions or individuals;

(6) Taking advantage of the convenience of performing insurance adjustment business to obtain other illegal benefits;

(7) Leaking information in the business process The business secrets and personal privacy of the policy holder, the insured, the beneficiary or the insurance company that are known to the public; (8) Falsely issuing invoices and exaggerating the assessment fees.

Article 43: Insurance adjustment agencies and their branches shall not engage in insurance adjustment business transactions with institutions or individuals that illegally engage in insurance business or insurance intermediary business.

Chapter 4 Market Exit

Article 44 If an insurance adjustment agency has any of the following circumstances, the China Insurance Regulatory Commission will not extend the validity period of its license:

(1) The validity period of the license has expired and no application for renewal has been made;

(2) The conditions for the establishment of institutions other than Article 8, Paragraph 1 of these regulations are no longer met;

( 3) The internal management is chaotic and cannot operate normally;

(4) There are major illegal acts that have not been effectively rectified;

(5) Supervision fees are not paid as required.

Article 45: If the China Insurance Regulatory Commission does not extend the validity period of its license due to its expiration date, or its license is withdrawn, revoked or revoked in accordance with the law, it shall organize liquidation or conduct liquidation of the insurance company in accordance with the law. To settle the valuation business, submit a liquidation report or settlement report to the China Insurance Regulatory Commission.

Article 46 If an insurance adjustment agency is dissolved, a liquidation team shall be established in accordance with the law to carry out liquidation, and a written report shall be made to the China Insurance Regulatory Commission within 10 days from the date when the reasons for dissolution arise.

After the liquidation is completed, the insurance adjustment agency shall submit a liquidation report to the China Insurance Regulatory Commission.

Article 47 If an insurance adjustment agency is dissolved and it is found during the liquidation that it is unable to pay off its due debts, and its assets are insufficient to pay off all debts or it is obviously lacking in repayment ability, it shall file a bankruptcy application in accordance with the law. The liquidation of property and the handling of claims and debts shall be carried out in accordance with statutory bankruptcy procedures.

Article 48 If an insurance adjustment agency has its business license revoked, revoked, ordered to close down, or declared bankrupt by the people's court in accordance with the law, it shall establish a liquidation team in accordance with the law, organize the liquidation in accordance with legal procedures, and report to the The China Insurance Regulatory Commission submits a liquidation report.

Article 49: If an insurance adjustment agency withdraws from the market due to any of the following circumstances, the China Insurance Regulatory Commission will cancel its license in accordance with the law and make an announcement:

(1) The validity period of the license expires , the China Insurance Regulatory Commission will not renew it in accordance with the law;

(2) The license is withdrawn, revoked or revoked in accordance with the law;

(3) The insurance adjustment agency is dissolved, its business license is revoked in accordance with the law, Being revoked, ordered to close down or declared bankrupt in accordance with the law;

(4) Other circumstances stipulated in laws and administrative regulations.

An insurance adjustment agency whose license has been canceled shall return the original license in a timely manner.

Article 50 If an insurance adjustment and adjustment branch has any of the following circumstances, the China Insurance Regulatory Commission shall cancel its license in accordance with the law and make an announcement:

(1) License of the affiliated insurance adjustment and adjustment agency The certificate has been canceled in accordance with the law;

(2) Revoked by the insurance adjustment agency to which it belongs;

(3) Ordered to close down and the business license revoked in accordance with the law;

( 4) The license is withdrawn, revoked or revoked in accordance with the law;

(5) Other circumstances under which the license should be canceled according to laws and administrative regulations.

The insurance adjuster branch whose license has been canceled shall return the original license in a timely manner.

Chapter 5 Supervision and Inspection

Article 51 Insurance adjustment agencies and their branches shall promptly, accurately and completely submit statements, reports, Documents and information, and submit relevant electronic texts in accordance with the requirements of the China Insurance Regulatory Commission.

The statements, reports and information submitted by the insurance adjustment agency and its branches shall be signed by the legal representative, the partner who performs the partnership affairs, the principal person in charge or his authorized person, and shall be stamped with the agency seal.

Article 52 Insurance adjustment agencies and their branches shall properly keep business files, accounting books, business ledgers, original vouchers of commission income and other relevant materials. The retention period shall be from the date of termination of the insurance contract. Calculated from the beginning, the insurance period shall not be less than 5 years if it is less than 1 year, and it shall not be less than 10 years if the insurance period exceeds 1 year.

Article 53: Insurance adjustment agencies shall deliver supervision fees to the account designated by the China Insurance Regulatory Commission in accordance with regulations.

Article 54 An insurance adjustment agency shall, within 3 months after the end of each fiscal year, hire an accounting firm to audit the agency’s assets, liabilities, profits and other financial conditions and report to the China Insurance Regulatory Commission. Submit relevant audit reports.

The China Insurance Regulatory Commission may require insurance adjustment agencies or insurance adjustment branches to submit special external audit reports when necessary.

Article 55: Based on supervisory needs, the China Insurance Regulatory Commission may conduct supervisory interviews with the chairman, executive directors or senior managers of insurance assessment institutions and require them to provide explanations on major matters in their business activities.

Article 56 The China Insurance Regulatory Commission shall conduct on-site inspections of insurance adjustment agencies and their branches in accordance with the law, including but not limited to the following:

(1) Whether the institution is established or changed Obtain approval or fulfill reporting obligations in accordance with the law;

(2) Whether the business operation status is legal;

(3) Whether the financial status is good;

(4) Report to Whether the reports, statements and information submitted by the China Insurance Regulatory Commission are timely, complete and authentic;

(5) Whether the internal control system is perfect and whether the implementation is effective;

(6) Appointment of chairman, execution Whether directors and senior managers comply with regulations;

(7) Whether they effectively perform employee management responsibilities;

(8) Whether external announcements are timely and true;

(9) Whether the computer configuration status and information system operating status are in good condition.

Article 57 If an insurance adjustment agency or insurance adjustment branch is investigated by the China Insurance Regulatory Commission for the following reasons, the China Insurance Regulatory Commission has the right to order it to cease part or all of its business during the period of investigation:

(1) Suspected of serious violation of insurance laws and administrative regulations;

(2) There are major risks in business activities;

(3) Unable to carry out business activities normally.

Article 58 Insurance adjustment agencies and their branches shall cooperate with the China Insurance Regulatory Commission’s on-site inspections in accordance with the following requirements, and shall not refuse or hinder the China Insurance Regulatory Commission’s supervision and inspection in accordance with the law:

(1) Provide relevant documents and information as required and shall not delay, transfer or hide them;

(2) Relevant managers, financial personnel and practitioners should be present to explain the situation and answer questions as required.

Article 59 If an insurance adjustment agency and its branches have any of the following circumstances, the China Insurance Regulatory Commission may list them as key inspection objects:

(1) Business or Financial changes;

(2) Failure to submit reports, statements, or provide false reports, statements, documents and information on time;

(3) Suspected of major illegal acts or subject to the China Insurance Regulatory Commission Administrative penalties;

(4) Other situations that the China Insurance Regulatory Commission deems necessary to focus on inspection.

Article 60: The China Insurance Regulatory Commission may entrust accounting firms and other social intermediaries to provide relevant services during on-site inspections; if it entrusts the above-mentioned intermediaries to provide services, a written entrustment agreement shall be signed.

The China Insurance Regulatory Commission shall inform the inspected insurance adjustment agency and its branches of the entrusted matter.

Article 61 If the insurance adjustment agency and its branches believe that the inspectors have violated laws, administrative regulations and relevant provisions of the China Insurance Regulatory Commission, they may report or complain to the China Insurance Regulatory Commission.

Insurance adjustment agencies and their branches have the right to initiate administrative reconsideration or administrative litigation against the administrative handling measures of the China Insurance Regulatory Commission.

Chapter 6 Legal Responsibilities

Article 62 If an administrative license applicant conceals relevant information or provides false materials to apply for the establishment of an insurance adjustment agency or other administrative licenses, the China Insurance Regulatory Commission The application will not be accepted or approved, and a warning will be given. The applicant shall not apply for the administrative license again within one year.

Article 63 If ??a licensee establishes an insurance adjustment agency or obtains an administrative license from the China Insurance Regulatory Commission through improper means such as deception or bribery, the China Insurance Regulatory Commission shall revoke it in accordance with the law and give the licensee a warning. A fine of 10,000 yuan will be imposed, and the applicant shall not apply for the administrative license again within 3 years.

Article 64 Anyone who engages in insurance adjustment business in the name of an insurance adjustment agency without obtaining a license shall be ordered to make corrections by the China Insurance Regulatory Commission and given a warning. If there is no illegal income, a fine of RMB 10,000 shall be imposed. If there are illegal gains, a fine of three times the illegal gains will be imposed, but the maximum shall not exceed 30,000 yuan.

Article 65 Anyone who forges, alters, rents, lends or transfers a license shall be ordered by the China Insurance Regulatory Commission to make corrections and given a warning. If there is no illegal gain, a fine of RMB 10,000 shall be imposed. If there is illegal gain, a fine of RMB 10,000 shall be imposed. , and shall be fined three times the illegal income, but the maximum shall not exceed 30,000 yuan.

Article 66 If an insurance adjustment agency commits any of the following circumstances, the China Insurance Regulatory Commission shall order it to make corrections, give a warning, and impose a fine of 10,000 yuan:

(1) Preparation Or providing false reports, statements, documents or information;

(2) Refusing or obstructing supervision and inspection in accordance with the law;

(3) Recruiting personnel who do not meet the prescribed conditions.

Article 67 Insurance adjustment agencies, insurance adjustment branches and their employees violate Articles 33, 34, 38 and 40 of these Regulations If there are any illegal gains, the China Insurance Regulatory Commission will order corrections and give a warning. If there are no illegal gains, a fine of not more than 10,000 yuan will be imposed. If there are illegal gains, a fine of not more than three times of the illegal gains will be imposed, but the maximum shall not exceed 30,000 yuan.

Article 68 If an insurance adjustment agency, insurance adjustment branch or any of its employees has any of the circumstances listed in Articles 41 and 42 of these regulations, the China Insurance Regulatory Commission Order to make corrections and give a warning. If there is no illegal income, a fine of not more than 10,000 yuan will be imposed. If there is illegal income, a fine of not more than three times of the illegal income will be imposed, but the maximum shall not exceed 30,000 yuan.

Article 69: If an insurance adjustment agency or its branches commit any of the following circumstances, the China Insurance Regulatory Commission shall order it to make corrections, give a warning, and impose a fine of not more than 10,000 yuan:

(1) Failure to pay supervision fees as required;

(2) Failure to place the license at residence or business premises as required;

(3) Failure to register license changes as required Or fail to apply for extension of license validity period;

(4) Failure to return the license as required;

(5) Failure to establish and keep special account books and business files as required;< /p>

(6) Failure to perform notification obligations as required;

(7) Failure to make announcements as required;

(8) The term of the temporary person in charge exceeds the specified period;

(9) Failure to report the events listed in Article 16 as required;

(10) Failure to submit relevant reports, statements, documents or information as required;

(11) Have insurance assessment business dealings with units or individuals that illegally engage in insurance business or insurance intermediary business.

Article 70 If an insurance adjustment agency and its branches violate these regulations, the China Insurance Regulatory Commission shall, in addition to imposing penalties on the agency in accordance with the provisions of this chapter, also impose penalties on the persons directly in charge and other persons directly responsible. Warning and a fine of not more than 10,000 yuan.

Article 71 If directors, senior managers or employees of an insurance adjustment agency and its branches are found to have violated relevant insurance supervision and administration regulations while working at the agency after leaving the agency, they shall be Hold them accountable in accordance with the law.

Article 72 If the China Insurance Regulatory Commission discovers that an insurance assessment agency and its branches are suspected of evading tax payments, illegal fund-raising, pyramid schemes, money laundering, etc. and need to be under the jurisdiction of other agencies, it shall report to other agencies or transfer.

If any violation of these regulations is suspected of constituting a crime, the China Insurance Regulatory Commission shall report or transfer it to the judicial authority.

Chapter 7 Supplementary Provisions

Article 73 The term “insurance intermediary institutions” as mentioned in these regulations refers to insurance agencies, insurance brokerage institutions, insurance adjusters and their branches.

Article 74 These regulations shall apply to foreign-funded insurance assessment institutions established with the approval of the China Insurance Regulatory Commission. If there are other provisions in relevant international treaties to which my country is a party and the China Insurance Regulatory Commission, those provisions shall apply.

Article 75: The formats of various forms required to be submitted by these regulations shall be formulated by the China Insurance Regulatory Commission.

Article 76: The relevant periods in these regulations, except those expressed in years and months, are calculated in working days, excluding statutory holidays.

The terms "above" and "below" mentioned in these regulations include the original number.

Article 77 These regulations will come into effect on October 1, 2009. The "Regulations on the Management of Insurance Adjustment Agencies" promulgated by the China Insurance Regulatory Commission on November 16, 2001 (CIRC Order No. 3, 2001) ) are abolished at the same time.

Article 78: Insurance adjustment agencies established in accordance with the law before the implementation of these regulations will continue to exist. If they do not fully meet the conditions of these regulations, the specific application measures will be separately formulated by the China Insurance Regulatory Commission.