Article 116. Upon expiration of the term of takeover, when the insurance
company has resumed normal operation capacity, the financial supervision and
management departments may decide to terminate the takeover.
When the takeover organization believes that the property of the insurance
company is insufficient to clear all of its debts, subject to the approval of
the financial supervision and management departments, the takeover organization
may appeal to the People's Court to declare the insurance company bankrupt.
Article 117. An insurance company shall submit a business report, a financial
report and other relevant statements of the previous year to the financial
supervision and management departments within three months of the end of a
fiscal year, and publicly announce such statements according to the law.
Article 118. An insurance company shall submit the business statistical
report for the previous month to the financial supervision and management
departments before the end of each month.
Article 119. An insurance company engaging in life insurance shall employ
actuaries to be recognized by the financial supervision and management
department.
Article 120. Both the Insurer and the Insured may hire appraisal agencies
established according to the law or legally qualified experts to make appraisal
and judgement concerning an insured event.
Article 121. An insurance company shall properly keep complete account books,
original invoices and relevant materials related to its business operation
activities.
The period of custody of the account books, original invoices and relevant
materials shall be minimum of ten (10) years commencing from the termination of
an insurance contract.
Chapter VI Insurance Agents and Insurance Brokers
Article 122. An "Insurance Agent" is any unit or individual who, in
accordance with entrustment by the insurer, collects agency fees from the
Insurer and handles insurance business on behalf of the Insurer in a scope
authorized thereby.
Article 123. An "Insurance Broker" means any unit or individual who, based on
the interests of the Applicant, provides intermediary services with regard to
the establishment of insurance contracts between the Applicant and the Insurer
and collects commission in accordance with the law.
Article 124. The Insurer shall be liable for the actions of an Insurance
Agent in conducting insurance business authorized by the Insurer.
An Insurance Agent engaged in life insurance business is not allowed to
undertake the entrustment of two or more Insurers at the same time.
Article 125. Any loss to the Applicant and the Insurer caused by the
Insurance Broker in handling insurance business shall be compensated by the
Insurance Broker.
Article 126. While conducting insurance business, the Insurance Agents and
Insurance Brokers shall not take advantage of administrative power, position or
professional convenience or other illegal means in forcing, inducing or
restricting the Applicant in establishing an insurance contract.
Article 127. Insurance Agents and Insurance Brokers shall have qualifications
stipulated by the State department in charge, shall obtain a license for
conducting insurance agency business or license for brokerage from the
departments in charge, shall register with the Administration for Industry and
Commerce, obtain a business license and pay a guarantee money or cover
professional liability insurance.
Article 128. Insurance Agents and Insurance Brokers shall have their own
business sites, shall establish special account books for keeping receipts and
expenditures incurred in insurance agency business or brokerage, and accept the
supervision by the departments in charge.
Article 129. Insurance companies shall establish a registration book of their
Insurance Agents.
Article 130. The stipulations set forth in Article 105, Article 107 and
Article 117 shall apply for Insurance Agents and Insurance Brokers.
Chapter VII Legal Liability
Article 131. In the event the Applicant, the Insured or the Beneficiary
conducts any of the following acts, committing insurance fraud and the case is
serious enough to constitute a crime, he shall be criminal liability:
(1) The Applicant intentionally fabricates the subject matter insured and
obtains insurance money through fraud;
(2) Falsely claims an insured event
when no such event has occurred and obtains insurance money through
fraud;
(3) Claims an insured event that deliberately causes property losses
and obtains insurance money through fraud;
(4) Deliberately causes life
insurance events such as death, injury or deformity, illness of the Insured and
obtains insurance money through fraud;
(5) Forges or alters relevant evidence
of insured events, information or other evidence, or instigate and make bribes
to offer false certificates, information or other evidence, and provides false
causes or exaggerates the extent of losses in order to obtain insurance money
through fraud;
If the Applicant, the Insured or the Beneficiary commit any of the above
actions, if the case is light and not serious enough to constitute a crime shall
face disciplinary actions according to relevant State regulations.
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