Article 63. Upon the death of the Insured, the insurance money shall, under
any of the following circumstances, be treated as the inheritance of the Insured
and the Insurer shall perform his obligation to pay the insurance money to the
legal heritor of the Insured:
(1) No Beneficiary is designated;
(2) The Beneficiary dies before the
Insured and there is no other Beneficiary;
(3) The Beneficiary loses his
beneficial title in accordance with the law or waives his beneficial title and
there is no other Beneficiary.
Article 64. Where the Applicant or the Beneficiary deliberately causes death,
injury, deformity or illness of the Insured, the Insurer shall not be liable for
payment of insurance money. Where the Applicant has paid in full more than two
years' premiums, the Insurer shall, in accordance with the stipulations of the
Contract, refund the cash value of the insurance policy to other Beneficiaries
who enjoy such beneficial interest.
Where the Beneficiary deliberately causes death or injury or deformity to the
Insured or commits any failed attempt to kill the Insured, he will be stripped
of his beneficial title.
Article 65. Where the Insured of the Contract, with death as a precondition
for making insurance payment, commits suicide, the Insurer shall not be liable
for payment of insurance money, unless as stipulated in the second paragraph of
this Article. But with regard to the insurance premiums already paid by the
Applicant, the Insurer shall return its cash value based on the insurance
policy.
With respect to Contracts with death as a precondition for making insurance
payment, if the Insurer commits suicide two years after the conclusion of the
Contract, the Insurer may pay insurance money in accordance with the
Contract.
Article 66. Where the Insured dies or suffers injury or deformity due to an
intentional criminal act, the Insurer shall not be liable for insurance payment;
however, the Insurer shall return the cash value to the Applicant based on the
insurance policy if the Applicant has paid the premium for a minimum of two
years.
Article 67. Where the death, injury or deformity of the Insured is caused by
the actions of a third party, the Insurer shall not have the right of recourse
toward the third party after the Insurer makes insurance payment to the Insured
or the Beneficiary.
Article 68. With respect to the termination of the
Contract by the Applicant, if the premium has been paid for a minimum of two
years, the Insurer shall, as agreed in the Contract, refund the cash value based
on the insurance policy within 30 days after receipt of notification of
termination of the Contract; if the Applicant has paid less than two years'
premiums, the Insurer shall refund the insurance premium after deducting a
service charge.
Chapter III Insurance Companies
Article 69. Insurance companies shall adopt the following organizational
forms:
(1) limited liability companies; or
(2) State-invested companies
(wholly-owned);
Article 70. The establishment of insurance companies must be approved by the
State departments in charge of financial supervision and management.
Article 71. The following conditions shall be fulfilled in order to establish
an insurance company:
(1) Having Articles of Association that conform to the stipulations of this
Law and the Company Law of the People's Republic of China;
(2) Having a
minimum of Registered Capital that meets the requirement stipulated in this
Law;
(3) Having upper-level management personnel that possess professional
knowledge and working experience;
(4) Having complete organizational
structure and management system; and
(5) Having operation sites and other
facilities related with insurance business that conform to relevant
requirements.
The departments in charge of financial supervision and management shall take
into consideration the need for development of the insurance industry and fair
competition while examining applications for the establishment of insurance
companies.
Article 72. The minimum Registered Capital required for the establishment of
an insurance company is RMB200,000,000.
The minimum Registered Capital of an insurance company must be paid-in
currency capital funds.
The departments in charge of financial supervision and management shall, in
accordance with the business scope and scale of an insurance company, adjust its
minimum Registered Capital; provided, however, that the adjusted minimum
Registered Capital shall not be lower than the minimum requirement defined in
the first paragraph of this Article.
Article 73. When applying to establish an insurance company, the Applicant
shall submit the following documents:
(1) a letter of application which shall state clearly the name of the
proposed insurance company and its registered capital and business scope;
(2)
a feasibility study report;
(3) other documents and materials required by the
departments in charge of financial supervision and management.
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