Measures for supervision of insurance sales Personnel
The first chapter 总 则
Article 1 with a These Measures are formulated for the purpose of strengthening the administration of insurance sales personnel, protecting the lawful rights and interests of the applicant, insured and beneficiary, maintaining the order of the insurance market and promoting the healthy development of the insurance industry。
Article 2: The term "insurance sales personnel" as mentioned in these Measures refers to those who sell insurance products for insurance companies, including insurance sales personnel of insurance companies and insurance agents。
Article 3 the The China Insurance Regulatory Commission (hereinafter referred to as CIRC) shall, in accordance with laws and the authorization of The State Council, exercise unified supervision and administration over insurance sales personnel。
Local offices of CIRC shall perform their regulatory duties according to law within the scope authorized by CIRC。
Article 4. Insurance sales practitioners shall meet the qualification requirements prescribed by CIRC, obtain qualification certificates issued by CIRC, and obtain practice certificates issued by the insurance company or insurance agency they work for before practicing。
Article 5. Insurance sales practitioners shall abide by laws, administrative regulations and relevant provisions of cirC when engaging in insurance sales。
The second chapter Qualifications:
Article 6. Personnel engaged in insurance sales shall pass the qualification examination for Insurance Sales Practitioners organized by CIRC (hereinafter referred to as qualification examination) and obtain the Qualification Certificate for Insurance Sales Practitioners (hereinafter referred to as qualification Certificate)。
Article 7. Persons who register for the qualification examination shall have an educational background of junior college or above and full capacity for civil conduct。
The application shall not be accepted under any of the following circumstances:
(1) concealing relevant information or providing false materials;
(2) to conceal the relevant information or provide false materials, and the examination result is declared invalid1年的;
(3) serious violation of examination discipline and invalidation of examination result3年的;
(4) The qualification certificate obtained by cheating, bribery and other improper means has not been revoked in accordance with the law3年的;
(5) Those prohibited from entering the industry within a certain period of time announced by the financial supervision and administration organ, but the period of prohibition has not expired;
(6) having been sentenced to criminal punishment for a crime, but the execution of the criminal punishment has not expired5年的;
(7) Other circumstances stipulated by laws, administrative regulations and CIRC。
Article 8. If a person who takes the qualification examination passes the examination and there is no circumstance as prescribed in Paragraph 2, Article 7 of these Measures, the date of applying for the qualification certificate shall start20The cirC shall issue the qualification certificate within working days。
Article 9. Under any of the following circumstances, cirC shall cancel its qualification certificate:
(1) The qualification certificate has been revoked;
(2) the qualification certificate has been revoked according to law;
(3) other circumstances stipulated by laws, administrative regulations and CIRC。
Article 10. In any of the following circumstances, the holder of the qualification certificate shall apply to CIRC for alteration, replacement or reissue:
(1) There is a change in the registered items;
(2) damage or damage that affects use;
(3) those lost。
Article 11. Local offices of CIRC may, in light of local conditions, appropriately adjust the educational background requirements of applicants for the qualification examination within their jurisdiction, and relevant measures shall be separately formulated by CIRC。
Those who obtain the qualification certificate by lowering the educational requirement shall not work in a place beyond the jurisdiction of cirC's local office。
Article 12. After filing with CIRC, cirC's local offices may implement special policies for qualification examinations for applicants from rural grass-roots areas below the county level and applicants from ethnic minorities in ethnic autonomous areas。
The third chapter Practice management
Article 13. Insurance companies and insurance agencies shall register their practice in the INSURANCE Intermediary Regulatory Information System (hereinafter referred to as the information System) of CIRC and issue the Practicing Certificate of Insurance Sales Practitioners (hereinafter referred to as the Practicing Certificate) for the persons who have obtained qualification certificates and are not in the circumstances prescribed in Paragraph 2, Article 7 of these Measures。
In case of any change in the registered items, the insurance company or insurance agency shall make such change in the information system in a timely manner and make such change in the3Renew the practicing certificate within working days。
Article 14. The practicing certificate shall include the following contents:
(1) name and serial number;
(2) name, sex, id card number and photo of the holder;
(3) Name and number of qualification certificate;
(4) the name of the insurance company or insurance agency to which the holder belongs;
(5) Business scope and territory of practice;
(6) Date of issue;
(7) the complaint telephone number of the holder's insurance company or insurance agency;
(8) The telephone number and website of the practice certificate information inquiry。
Article 15. Insurance companies and insurance agencies shall not issue practicing certificates to the following persons:
(1) persons without qualification certificates;
(2) persons who have not gone through practice registration in the information system;
(3) persons who have registered to practice in other institutions。
Article 16. Insurance companies and insurance agencies shall not entrust persons without qualification certificates and practicing certificates issued by their own institutions to engage in insurance sales。
Article 17. The practicing region of a practicing certificate holder shall not exceed the practicing region prescribed by the qualification certificate。
Article 18. Under any of the following circumstances, an insurance company or an insurance agency shall be in the5Withdraw the practice certificate and cancel the practice registration in the information system within working days:
(1) employees of insurance sales leave their jobs;
(2) the qualification certificate of the insurance sales practitioner has been cancelled;
(3) the insurance sales practitioner terminates his practice for other reasons;
(4) an insurance company or insurance agency is suspended, dissolved or unable to continue operations for other reasons。
Article 19. Insurance sales practitioners shall engage in insurance sales within the scope authorized by insurance companies and insurance agencies。
Insurance sales practitioners shall produce their practice certificates when engaged in insurance sales, and insurance sales practitioners of an insurance agency shall inform customers of the name of the insurance company they represent。
The fourth chapter Management responsibility
Article 20. Insurance companies and insurance agencies shall establish administrative archives of insurance sales practitioners, and timely, accurately and completely register the basic information, training status and business status of insurance sales practitioners。
Article 21 Insurance companies and insurance agencies shall train insurance sales practitioners to equip them with basic professional qualities and professional ethics。The training should include at least business knowledge, legal knowledge and professional ethics。
Where an insurance company entrusts an insurance agency to sell insurance products, it shall train the insurance sales personnel of the insurance agency。The training content shall at least include the relevant knowledge of the company's insurance products。
Insurance companies and insurance agencies may entrust trade organizations or other institutions to organize training。
Article 22 Insurance companies and insurance agencies may not publish misleading advertisements about the income or other interests of insurance sales practitioners, and may not purchase insurance products as a condition for issuing practice certificates。
Article 23 Where an insurance company or insurance agency finds any illegal behavior of insurance sales practitioners in insurance sales, it shall immediately correct it and report to cirC's local office。
Article 24 Insurance companies and insurance agencies shall standardize the sales behavior of insurance sales practitioners, and shall strictly prohibit any of the following acts of insurance sales practitioners in insurance sales activities:
(1) deceiving the applicant, the insured or the beneficiary;
(2) concealing any important information related to the insurance contract;
(3) hindering or inducing the applicant to fail to fulfill the obligation of truthful disclosure;
(4) giving or promising to give the applicant, the insured or the beneficiary benefits other than those stipulated in the insurance contract;
(5) using administrative power, position or professional convenience or other improper means to force, entice or restrict an insurance applicant to conclude an insurance contract, or seek improper benefits for other institutions or individuals;
(6) forging or altering an insurance contract without authorization, or providing false certification materials for the parties to the insurance contract;
(7) misappropriate, intercept or encroach upon the insurance premium or insurance money;
(8) entrusting institutions or individuals without legal qualifications to engage in insurance sales;
(9) damage the business reputation of a competitor by fabricating or spreading false information, or disturb the order of the insurance market by other acts of unfair competition;
(10) divulging the business secrets and personal privacy of the insurer, the applicant and the insured that are known in the course of insurance sales;
(11) interfering with the customer after the customer expressly refuses to insure;
(12) signing an insurance contract on behalf of an insurance applicant;
(13) in violation of laws, administrative regulations and other provisions of cirC。
Any insurance sales practitioner who commits any of the acts prescribed in the preceding paragraph shall be ordered by CIRC to make corrections, and the cirC may take regulatory measures against the relevant insurance company, such as making public disclosure to the public and supervising the senior management to talk with the relevant insurance company。
Article 25 An insurance company shall require an insurance agency to provide the basic information and training of the insurance sales personnel who sell its insurance products。
Article 26 Where an insurance company finds that an insurance agency or its insurance sales staff has any illegal behavior in selling its insurance products, it shall immediately correct it。Where an insurance agency and its insurance sales employees refuse to make corrections, the insurance company shall immediately terminate the entrustment relationship with the insurance agency and report to cirC's local office。
Article 27 No institution or individual may detain another person's qualification certificate in a disguised form。
The fifth chapter The legal responsibility
Article 28 Where a qualification certificate is obtained by cheating, bribery or other improper means, the qualification certificate shall be revoked according to law, and the CIRC shall give a warning and concurrently1A fine of less than RMB 10,000 yuan。
Article 29 Those who provide false registration materials for others, take the qualification examination on behalf of others, or assist or organize others to cheat in the qualification examination shall be given a warning and concurrently imposed by CIRC1A fine of less than RMB 10,000 yuan。
Article 30. In case of forging, altering, transferring or renting qualification certificates or practicing certificates, CIRC shall give a warning and impose a fine of not less than one time but not more than three times the illegal gains, but not more than the maximum amount3If there are no illegal gains, it shall be executed1A fine of less than RMB 10,000 yuan。
Article 31 Persons without qualification certificates or practice certificates are engaged in insurance sales,The CIRC shall order the correction,依据法律、行政法规对该人员及相关保险公司、世界杯买比赛app下载机构给予处罚;法律、行政法规未作规定的,The CIRC shall give a warning to relevant insurance companies and insurance agencies,And a fine of not less than one time but not more than three times the illegal gains,But not more than3If there are no illegal gains, it shall be executed1A fine of less than RMB 10,000 yuan;对该人员给予警告,并处1A fine of less than RMB 10,000 yuan。
Article 32 Where an insurance company or insurance agency violates the provisions of Article 13, Article 15, Article 18, Articles 20 to 23 and Article 27 of these Measures, the CIRC shall order it to make corrections, give it a warning and impose a fine of not less than one time but not more than three times the illegal earnings, but not more than the maximum amount3If there are no illegal gains, it shall be executed1A fine of less than RMB 10,000 yuan。
Article 33 Insurance sales practitioners who violate the provisions of Article 17, article 19 and Article 27 of these Measures shall be ordered by CIRC to make corrections, given a warning and imposed a fine of not less than one time but not more than three times the illegal gains, but not more than the maximum amount3If there are no illegal gains, it shall be executed1A fine of less than RMB 10,000 yuan。
Article 34 Any insurance sales practitioner commits any of the acts prescribed in Article 24 of these Measures,由China Insurance Regulatory Commission依照法律、行政法规对该世界杯app下载推荐从业人员及相关保险公司、世界杯买比赛app下载机构给予处罚;法律、行政法规未作规定的,Give warning to relevant insurance company, insurance agency,And a fine of not less than one time but not more than three times the illegal gains,But not more than3If there are no illegal gains, it shall be executed1A fine of less than RMB 10,000 yuan;对该世界杯app下载推荐从业人员给予警告,并处1A fine of less than RMB 10,000 yuan。
Article 35 Where an insurance company violates the provisions of Article 25 and Article 26 of these Measures, cirC shall order it to make corrections; if it fails to make corrections within the prescribed time limit, it shall give a warning and concurrently impose upon it1A fine of less than RMB 10,000 yuan。
Chapter vi 附 则
Article 36 The measures2013年7月1as。China Insurance Regulatory Commission2006年7月1Regulations on The Administration of Insurance Marketer (cirC order [2006〕3No.) shall be abolished simultaneously。
Article 37 These Measures are not applicable to reinsurance companies。
Article 38 The cirC shall be responsible for the interpretation of these Measures。