(1) The shareholders and promoters have a good reputation and have no record of major violations in the last three years;
(2) The registered capital has reached the minimum amount stipulated in the Company Law of People's Republic of China (PRC) (hereinafter referred to as the Company Law) and these Provisions;
(3) The articles of association of the company comply with the relevant provisions;
(four) the chairman, executive director and senior management personnel meet the qualifications of these provisions;
(5) Having a sound organizational structure and management system;
(6) Having a fixed residence suitable for its business scale;
(7) Having computer software and hardware facilities such as business and finance suitable for business development;
(8) Other conditions stipulated by laws, administrative regulations and the China Insurance Regulatory Commission.
Article 7 The registered capital of a specialized insurance agency shall not be less than 2 million yuan; The business area is not limited to the insurance professional agency in the province, autonomous region or municipality directly under the Central Government where it is registered, and the registered capital is not less than RMB100000 yuan.
The registered capital of a professional insurance agency must be paid-in monetary capital.
Article 8 Units or individuals that are prohibited by laws and administrative regulations from investing in enterprises shall not become sponsors or shareholders of specialized insurance agencies.
Employees of an insurance company who invest in a professional insurance agency shall inform the insurance company in writing; Directors or senior managers of insurance companies and insurance intermediaries who invest in insurance professional agencies shall obtain the consent of the shareholders' meeting or shareholders' meeting in accordance with the relevant provisions of the Company Law.
Article 9 The name of a professional insurance agency shall include the words "insurance agent" or "insurance sales", and the brand name shall not be the same as that of the existing insurance intermediary agencies, unless otherwise stipulated by the China Insurance Regulatory Commission.
Article 10 To apply for the establishment of a specialized insurance agency, all shareholders or promoters shall designate a representative or entrust an agent to handle the application with the China Insurance Regulatory Commission.
Article 11 Branches of specialized insurance agencies include branches and business departments. An insurance agency applying for the establishment of a branch shall meet the following conditions:
(1) The internal control system is sound;
(2) Its registered capital meets the requirements of these Provisions;
(3) The existing institution is operating normally, and there is no major illegal act within 1 year before the application;
(4) The main person-in-charge to be appointed meets the qualification requirements of these Provisions;
(5) The branch to be established has business premises that meet the requirements and other facilities related to business operation.
Article 12 An insurance professional agency whose registered capital reaches the minimum prescribed in these Provisions may apply for the establishment of three branches; Thereafter, the registered capital will be increased by at least RMB 200,000 per application for establishing a branch. Among them, every province, autonomous region or municipality directly under the Central Government that applies for establishing a branch for the first time outside its domicile will increase its registered capital by at least RMB 654.38+0 million.
If the registered capital of a specialized insurance agency reaches the amount specified in the preceding paragraph after capital increase, it may not increase the registered capital.
If the registered capital of a professional insurance agency reaches 20 million yuan, the registered capital may be increased without setting up branches. Thank you. Is this the latest rule?
A: The business area is not limited to insurance professional agencies in the provinces, autonomous regions and municipalities directly under the Central Government where they are registered, and the registered capital is not less than RMB100000 yuan.
The materials in other countries are the same, but the registered capital has changed.
This regulation came into effect on June, 2009 10.
Do you need additional registered capital to set up a branch?
A: The business area is not limited to insurance professional agencies in the provinces, autonomous regions and municipalities directly under the Central Government where they are registered, and the registered capital is not less than RMB100000 yuan.
A professional insurance agency established with the minimum registered capital specified in these Provisions may apply for the establishment of three branches; Thereafter, the registered capital will be increased by at least RMB 200,000 per application for establishing a branch. Among them, every province, autonomous region or municipality directly under the Central Government that applies for establishing a branch for the first time outside its domicile will increase its registered capital by at least RMB 654.38+0 million.
When applying for the establishment of a branch, a professional insurance agency may not increase its registered capital if it has reached the amount after capital increase as stipulated in the preceding paragraph.
Order of People's Republic of China (PRC) Ministry of Labor and Social Security
24(th)
The Interim Measures for the Qualification of Enterprise Annuity Fund Management Institutions, adopted at the 9th ministerial meeting of the Ministry of Labor and Social Security on February 24th, 2004, are hereby promulgated and shall come into force as of March 24th, 2005.
Minister Zheng Silin.
December 31st, 2004
Interim Measures for Qualification Identification of Enterprise Annuity Fund Management Institutions
Article 1 In order to standardize the qualification identification of enterprise annuity fund management institutions, these Measures are formulated in accordance with the Administrative Licensing Law of People's Republic of China (PRC), the Decision of the State Council on Establishing Administrative Licensing for Administrative Examination and Approval Items Needed to Be Retained and the relevant provisions of the state.
Article 2 The term "enterprise annuity fund management institutions" as mentioned in these Measures refers to the supplementary endowment insurance agencies such as enterprise trustees, account managers, custodians and investment managers engaged in enterprise annuity fund management.
Article 3 Institutions engaged in the management of enterprise annuity funds must obtain corresponding qualifications for the management of enterprise annuity funds in accordance with the procedures prescribed in these Measures.
The Ministry of Labor and Social Security is responsible for the qualification identification of enterprise annuity fund management institutions.
Article 4 An institution applying for the qualification of enterprise annuity fund management (hereinafter referred to as the applicant) shall submit a written application to the Ministry of Labor and Social Security in accordance with the content and format specified in the annex to these Measures.
Article 5 A legal person trustee shall meet the following conditions:
(a) approved by the state financial supervision department, registered in China;
(2) The registered capital shall not be less than RMB 1 100 million yuan, and the net assets at any time shall not be less than RMB10.50 billion yuan;
(3) Having a sound corporate governance structure;
(four) the number of full-time employees who have obtained the qualification of enterprise annuity fund has reached the prescribed number;
(5) Having a business place that meets the requirements, safety precautions and other facilities related to the entrusted management business of the enterprise annuity fund;
(6) Having a sound internal audit monitoring system and risk control system;
(seven) no major violations of laws and regulations in the past three years;
(eight) other conditions stipulated by the state.
Article 6 An account manager shall meet the following conditions:
(1) An independent legal person registered in China with the approval of relevant state departments;
(2) Its registered capital is not less than 50 million yuan;
(3) Having a sound corporate governance structure;
(four) the number of full-time employees who have obtained the qualification of enterprise annuity fund has reached the prescribed number;
(5) Having a corresponding enterprise annuity fund account management information system;
(6) Having a business place that meets the requirements, safety precautions and other facilities related to the enterprise annuity fund account management business;
(7) Having a sound internal audit monitoring system and risk control system;
(eight) other conditions stipulated by the state.
The specifications of the enterprise annuity fund account management information system specified in Item (5) of this article shall be formulated separately by the Ministry of Labor and Social Security.
Article 7 A custodian shall meet the following conditions:
(1) An independent legal person registered in China with the approval of the state financial supervision department;
(2) Its net assets are not less than 5 billion yuan;
(three) the number of full-time employees who have obtained the qualification for enterprise annuity funds has reached the prescribed number;
(4) Having the conditions for keeping the property of the enterprise annuity fund;
(5) Having a safe and efficient clearing and delivery system;
(6) Having a business place, safety precautions and other facilities related to the enterprise annuity fund custody business that meet the requirements;
(7) Having a sound internal audit monitoring system and risk control system;
(eight) other conditions stipulated by the state.
As a custodian, a commercial bank should set up a special fund custody department.
Article 8 An investment manager shall meet the following conditions:
(a) approved by the state financial supervision department, registered in China, with the qualification of entrusted investment management, fund management or asset management;
(2) The registered capital of a comprehensive securities company shall not be less than 654.38+billion yuan, and its net assets shall not be less than 654.38+billion yuan at all times; The registered capital of fund management companies, trust and investment companies, insurance asset management companies or other professional investment institutions shall be no less than RMB 654.38 billion, and the net assets shall remain no less than RMB 654.38 billion at any time;
(3) Having a sound corporate governance structure;
(four) the number of full-time employees who have obtained the qualification of enterprise annuity fund has reached the prescribed number;
(5) Having business premises, safety precautions and other facilities related to the investment management business of enterprise annuity funds that meet the requirements;
(6) Having a sound internal audit monitoring system and risk control system;
(seven) no major violations of laws and regulations in the past three years;
(eight) other conditions stipulated by the state.
Article 9 The Ministry of Labor and Social Security shall handle the application submitted by the applicant according to the following circumstances:
(1) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;
(2) If the application materials are incomplete or do not conform to the statutory form, the applicant shall be informed of all the contents that need to be corrected on the spot or within five working days. Fails to inform, since the date of receipt of the application materials is accepted;
(3) The Ministry of Labor and Social Security shall accept the applicant's application if the application materials are complete and conform to the statutory form, or if the applicant submits all the corrected application materials as required.
The Ministry of Labor and Social Security shall issue a written certificate stamped with the special seal of the Ministry of Labor and Social Security and dated when accepting or not accepting the applicant's application.
The Ministry of Labor and Social Security does not accept applications from institutions under investigation by judicial organs or relevant regulatory authorities during the investigation period.
Article 10 After accepting the application, the Ministry of Labor and Social Security shall set up an expert review committee to review the application materials. Experts of the review committee are randomly selected from the expert database according to the professional scope. The expert database consists of representatives of relevant departments and social professionals.
The expert review committee shall review the applicant's application materials according to the principle of grading and staging, and the required time shall be informed to the applicant in writing by the Ministry of Labor and Social Security.
Article 11 The Ministry of Labor and Social Security shall, according to the application materials, assign two or more staff members to conduct on-site inspection on the applicant.
Article 12 The Ministry of Labor and Social Security shall, after consultation with CBRC, CSRC and CIRC, determine the qualification of the enterprise annuity fund management institution according to the evaluation results of the expert evaluation committee and the on-site inspection, and issue the enterprise annuity fund management qualification certificate to the applicant within 10 working days from the date of determination. The certificate system is uniformly printed by the Ministry of Labor and Social Security.
The Ministry of Labor and Social Security shall notify the applicant who has not obtained the qualification of enterprise annuity fund management in writing, explain the reasons, and inform the applicant that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 13 The Ministry of Labor and Social Security, together with the China Banking Regulatory Commission, the China Securities Regulatory Commission and the China Insurance Regulatory Commission, will announce in national newspapers the institutions that have obtained the qualifications for the management of enterprise annuity funds.
Fourteenth "Enterprise Annuity Fund Management Agency Qualification Certificate" is valid for three years, and an application for renewal shall be submitted to the Ministry of Labor and Social Security three months before the expiration of the validity period.
Fifteenth in any of the following circumstances, the Ministry of labor and social security shall handle the cancellation procedures for the qualification of enterprise annuity fund management institutions:
(1) The qualification of the enterprise annuity fund management institution has not been renewed upon expiration;
(2) The enterprise annuity fund management institution is dissolved, revoked, declared bankrupt or taken over according to law;
(3) The qualification of the enterprise annuity fund management institution has been revoked according to law;
(four) other circumstances in which the qualification of the enterprise annuity fund management institution shall be cancelled as stipulated by the state.
After the Ministry of Labor and Social Security has gone through the formalities of canceling the qualification of the enterprise annuity fund management institution, it will announce it in national newspapers together with the CBRC, CSRC and CIRC. ?
Article 16 If an applicant conceals relevant information or provides false materials, the Ministry of Labor and Social Security will not accept or recognize the qualification of an enterprise annuity fund management institution and give it a warning; The applicant shall not apply for the qualification of enterprise annuity fund management institution again within 1 year.
Article 17 If an applicant obtains the qualification of an enterprise annuity fund management institution by bribery, fraud or other improper means, the Ministry of Labor and Social Security will cancel his qualification after consulting the CBRC, CSRC and CIRC. The applicant shall not apply for the qualification of enterprise annuity fund management institution again within 3 years; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.
Article 18 The Ministry of Labor and Social Security shall establish and improve the supervision system of enterprise annuity funds, and regularly or irregularly supervise and inspect the management and operation of enterprise annuity funds of relevant institutions.
Nineteenth these Measures shall come into force as of March 2005.
Attachment: Content and format of qualification application materials for enterprise annuity fund management institutions.
Content and format of qualification application materials for enterprise annuity fund management institutions
I. Contents and contents of application materials
(a) the qualification application form?
Fill in the qualification application form compiled by the Ministry of Labor and Social Security (downloadable from the website of the Ministry of Labor and Social Security).
(2) Description of resource allocation
1, safety instructions for special places for enterprise annuity fund management;
2, enterprise annuity fund management related equipment and system description;
3, enterprise annuity fund account management information system process, system test report (only applicable to account manager qualification applicants);
4. Resumes of the company's senior managers, enterprise annuity fund management professionals and personnel.
(3) Management rules and procedures
1, basic system
(1) Articles of Association;
(2) Description of corporate governance structure and organizational structure. If you apply for multiple qualifications, you need to explain the independence of each business;
(3) Enterprise annuity audit and risk control system;
(4) Code of conduct for full-time employees of enterprise annuity management;
(5) Post setting and post responsibilities of enterprise annuity management business;
(6) The management system of business records and archives of enterprise annuity management;
(7) Crisis event reporting system and processing flow.
2. Supplementary materials of the applicant for the qualification of legal person trustee
(1) Systems and procedures for selecting, supervising, evaluating and replacing intermediary institutions such as account managers, custodians and investment managers;
(2) Strategic asset allocation and investment decision-making system and process.
3. Supplementary materials of the applicant for the qualification of account manager
(1) organizational structure of account management;
(2) Account management business system and process;
(3) Customer service system and process.
4. Supplementary materials of the applicant for custody qualification
(1) General situation of fund settlement, payment ability and electronic level, as well as systems and measures to ensure safe and rapid fund settlement;
(2) Transaction data and financial data management system;
(3) The responsibilities, authority and division of business of the fund custody business;
(4) Investment management risk assessment procedures, risk early warning system and investment operation monitoring system.
5. Supplementary materials of the applicant for investment manager qualification
(1) enterprise annuity fund investment and risk management system;
(two) the independent operation and management system of enterprise annuity fund property;
(3) Risk reserve system for investment management of enterprise annuity funds.
(4) the applicant's self-discipline commitment.
(1) Promise that the application materials are true, accurate and complete;
(2) After I promise to obtain the qualification, I will strictly abide by relevant laws and regulations and engage in enterprise annuity fund management honestly, legally and diligently.
(5) Relevant certification materials?
1, a copy of the business license (copy) of an enterprise as a legal person issued by the State Administration for Industry and Commerce;
2. A copy of the business license (copy) issued by the State Administration for Industry and Commerce;
3. The original consent letter issued by the national business supervision department (limited to the applicant for the qualification of legal person trustee or investment manager);
4. The original acceptance certificate of custody business filing issued by the national business supervision department (limited to applicants with custody qualification);
5. An unqualified audit report issued by an accounting firm on the financial situation of the applicant in the last three years;
6 legal opinions issued by the law firm on the authenticity of the applicant's independent legal person, articles of association and other materials.
If the above certification materials are photocopies, they must be stamped with the official seal of the company.
(6) Business feasibility report
2. Paper, cover and number of copies
(1) paper
Use A4 paper and bind with 245× 3 15mm hard leather wallet.
(2) cover and side?
1. Cover Note: "Application materials for the qualification of enterprise annuity fund management institution-XXX (such as enterprise trustee, account manager, custodian or investment manager)", name of the applicant company, application date, etc.
2. Side note: Application Materials for XXX Qualification of Enterprise Annuity Fund Management Institution of XXX Company.
(3) Font and page number
Except for the fixed format, the font of other data titles is Song Imitation No.4, and the font of text content is Song Imitation No.4, with 1.5 times line spacing. The main materials should be printed on both sides, and the page number should be placed in the middle of the lower end of each page, with the font size of No.5. According to the content, arrange the page number order by chapter, for example: 1-4, 2-26, 3-58 or 1, 3- 1-2, 3-4-2 1 ┉.
(4) Number of copies
The application materials can be submitted by mail or through the website of the Ministry of Labor and Social Security. Twelve copies are submitted for the first time, one of which is the original.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.