Article 132. For insurance companies and their personnel the withholding of
material information related to the insurance contract, cheating the Applicant,
the Insured and the Beneficiary, or refusal to make compensation or payment of
insurance money as agreed in the insurance contract shall constitute a crime,
and criminal liability shall be borne. For those cases where criminal liability
is not prosecuted, the financial supervision and management departments in
charge shall impose a fine of not less than RMB10,000 and not more than
RMB50,000 on the insurance company. Personnel who violate laws and regulations
shall be punished and fined not more than RMB10,000.
Insurance companies and their personnel who prevent the Applicant from
performing the obligation of telling the truth, or mislead the Applicant in
violation of such obligation, or promise the Applicant, the Insured and the
Beneficiary illegal insurance commission or other benefits, shall be regulated
by the departments in charge, and the insurance companies shall be fined not
less than RMB10,000 and no more than RMB50,000, the violators shall be punished
and fined no more than RMB10,000.
Article 133. If they cheat the Applicant, Insured or the Beneficiary when
conducting insurance business, Insurance Agents and Insurance Brokers shall be
compelled to correct their actions by the departments in charge and be fined
between RMB10,000 and RMB50,000; if the case is serious, the license for
conducting insurance agency business or license for brokerage shall be revoked.
Criminal liability shall be prosecuted if the case constitutes a crime.
Article 134. Insurance personnel who take advantage of professional
convenience to purposely invent insured events that never occurred to falsely
settle a claim and gain insurance money shall bear criminal liability.
Article 135. Insurance companies and business personnel who violate the
stipulations of this Law and establish an insurance company without
authorization or illegally engage in insurance business shall bear criminal
liability, and such activities shall be banned by the departments in charge. If
the case is slight and does not constitute a crime, disciplinary action shall be
carried out.
Article 136. Insurance companies and their personnel who violate the
stipulations of this Law and conduct insurance business beyond the permitted
business scope shall be compelled to correct their actions by the departments in
charge and refund insurance premiums. Any illegal income shall be confiscated,
and a fine of one to five times of the amount shall be imposed; or a fine of
over RMB10,000 and under RMB50,000 if no such illegal income exists. Persons who
do not correct their activities within the set period or cause severe results
shall be asked to stop the business and the license for conducting insurance
business shall be revoked.
Article 137. Insurance companies and their personnel who violate the
stipulations of this Law, alter the following items without authorization such
as the name of the insurance company, disciplines, the paid-in currency capital
funds, the business site, etc. shall be asked to correct their actions by the
departments in charge and shall be fined between RMB10,000 and RMB50,000.
Article 138. Insurance companies and their personnel who violate the
stipulations of this Law and fall into any of the following categories shall be
corrected and shall be fined over RMB50,000 and under RMB300,000 by the State
departments in charge; in severe cases, the departments in charge can limit the
insurance company's business scope, prevent them from accepting new business or
revoke the license for conducting insurance business:
(1) Failure to set aside guarantee money as stipulated or illegally use of
guarantee money;
(2) Failure to set aside or retain reserve funds for
unrealized commitments as stipulated or fail to set aside outstanding loss
reserve funds as stipulated;
(3) Failure to set aside public reserve funds
and total reserve funds;
(4) Failure to undertake outward reinsurance
business as stipulated;
(5) Violation of stipulations for the use of the
insurance company's funds;
(6) Establishing branches or representative
offices without proper authorization;
(7) Split or merger without proper
authorization.
Article 139. In the event an insurance company fails to correct any of the
following circumstances within a time limit stipulated by the departments in
charge a fine of over RMB10,000 and under RMB100,000 shall be imposed:
(1) Failure to submit relevant reports, sheets, documents and materials as
stipulated;
(2) Failure to report for registration of insurance items and insurance ratio
of the proposed insurance types as stipulated.
Article 140. Any insurance company that violates the stipulations of this
law, and fails to correct any of the following circumstances, shall be fined
over RMB10,000 and under RMB50,000 by the departments in charge:
(1) Providing false reports, sheets, documents and materials;
(2) Refusal
of or interference with legal examination and supervision.
Article 141. Any insurance company that violates the stipulations of this
law, and fails to correct any of the following circumstances, shall be fined of
over RMB50,000 and under RMB300,000 by the departments in charge:
(1) Undertaking insurance business in excess of stipulated insured
amounts;
(2) Application for life insurance with death as a condition for
making payment of insurance money for persons with no civil capacity of
action.
Article 142. Any insurance company that violates the stipulations of this
law, fails to obtain proper license for conducting insurance agency business or
license for brokerage, illegally conducts insurance agency business or engages
in brokerage, shall be banned by the departments in charge. Illegal income shall
be confiscated, and a fine of five to ten times of that amount shall be imposed.
Criminal liability shall be prosecuted if the case is serious enough to
constitute a crime.
Article 143. To insurance company's senior management or other persons who
are directly responsible for violations which do not constitute crimes, the
departments in charge shall issue a warning, dismissal or replacement, or impose
a fine between RMB5,000 and RMB30,000, according to specific circumstances.
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