Article 74. After initial examination, once the application for the
establishment of an insurance company has received initial approval, the
Applicant shall start preparations for the establishment of the insurance
company in accordance with the stipulations of this Law and the Company Law.
Those meeting the conditions set forth in Article 71 hereof shall submit an
official application form and the following documents and materials to the
departments in charge of financial supervision and management:
(1)Articles of Association of the insurance company;
(2) Name list of the
shareholders and their share of stock, or investors and their capital
contributions;
(3) Certificate of credit standing and related materials from
shareholders holding 10% or more of the company's equity share;
(4) Capital
verification report issued by lawful verification agencies;
(5) Resumes and
certificates of qualification for those upper-level management personnel who are
proposed to take office in the company;
(6) Information about the operation
sites and other facilities related with business operations; and
(7) Other
documents and materials required by the departments in charge of financial
supervision and management.
Article 75. The departments in charge of financial supervision and management
shall make a decision whether or not to give approval within six months upon
receipt of all required official application documents for the establishment of
an insurance company.
Article 76. Upon granting approval for the establishment of an insurance
company, the approving department shall issue a license for insurance business
operations. The insurance company based on such license shall register with the
Administration for Industry and Commerce and obtain a business license.
Article 77. Where an insurance company fails to register the company's
establishment within six months after obtaining the license for insurance
business operations, said license shall automatically be invalidated.
Article 78. After the establishment of an insurance company, a guarantee of
20% of its total paid-in currency capital funds shall be set aside, to be
deposited in a bank specified by the departments in charge of financial
supervision and management, and shall not be used for purposes other than
payment debts upon liquidation of the insurance company.
Article 79. An insurance company must gain approval from the departments in
charge of financial supervision and management for the establishment of branch
organs within the People's Republic of China or abroad and obtain a license to
engage in insurance business operations therefrom.
Such a branch organ shall not have the status of a legal enterprise person;
its civil liability shall be borne by the insurance company.
Article 80. An insurance company must obtain approval from the departments in
charge of financial supervision and management to establish representative
organs outside the People's Republic of China.
Article 81. Any of the following alterations by an insurance company shall be
subject to approval by the departments in charge of financial supervision and
management:
(1) alteration of the name;
(2) alteration of the Registered
Capital;
(3) alteration of the business site of a company or its
branches;
(4) adjustment to the business scope;
(5) split or merger of the
company;
(6) amendment to the Articles of Association of the company;
or
(7) other alterations as stipulated by the departments in charge of
financial supervision and management.
Replacement of the Chairman of the Board of Directors or the General Manager
shall be subject to examination of qualifications for taking office by the
departments in charge of financial supervision and management.
Article 82. The organizational structure of insurance companies shall refer
to the stipulations of the Company Law of the People's Republic of China.
Article 83. Wholly owned State-invested insurance companies shall establish a
Board of Supervisors shall be established in the Board of Supervisors shall
consist of representatives from the departments in charge of financial
supervision and management, relevant experts and staff members of the insurance
companies, and shall supervise such aspects as the withdrawal of all types of
reserve funds, the minimum solvency and the preservation of or increase in the
value of State-owned assets, as well as actions of the upper-level management
personnel which violate the law, administrative regulations or the Articles of
Association or actions that harm the interest of the companies.
Article 84. Upon split or merger of an insurance company or upon appearance
of any causes for dissolution as stipulated in the Articles of Association, an
insurance company may be dissolved subject to the approval of the departments in
charge of financial supervision and management. The insurance company shall
appoint a liquidation group in accordance with the law to conduct
liquidation.
Insurance companies engaging in life insurance may be split or merged, but
shall not be dissolved.
Article 85. In the event an insurance company violates the law or
administrative regulations and its license for insurance business operations is
suspended by the departments in charge of financial supervision and management,
the license shall be revoked in accordance with the law; the departments in
charge of financial supervision and management shall organize a liquidation
group in accordance with the law to conduct liquidation of the company.
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