The term "insurance intermediaries" as mentioned in these Measures refers to insurance agencies, insurance brokers and insurance assessment institutions. Article 4 The establishment of an overseas insurance institution as mentioned in these Measures refers to the following acts of an insurance company:
(1) Establishing overseas branches, overseas insurance companies and insurance intermediaries;
(2) Acquisition of overseas insurance companies and insurance intermediaries. Article 5 The term "acquisition" as mentioned in these Measures refers to the act that an insurance company acquires the equity of an overseas insurance company or insurance intermediary institution, and the equity held by it reaches more than 20% of the total voting capital of the institution, or although it is less than 20%, it has actual control, * * the same control or significant influence on the institution.
These Measures shall apply to the acquisition of overseas listed insurance companies and insurance intermediaries by insurance companies. Unless otherwise stipulated by the CIRC of China, such provisions shall prevail. Article 6 When an insurance company establishes an overseas insurance institution, it shall abide by the laws and administrative regulations of China on insurance and foreign exchange management and the relevant provisions of the China Insurance Regulatory Commission, as well as the relevant overseas laws and regulations.
When an insurance company purchases an overseas insurance company or insurance intermediary institution, it shall implement the current relevant provisions on insurance foreign exchange funds. Article 7 The China CIRC shall supervise and manage the activities of insurance companies to set up overseas insurance institutions according to law. Article 8 These Measures shall apply to representative offices, liaison offices, offices and other non-business institutions established overseas by insurance companies. Chapter II Examination and Approval of Establishment Article 9 An insurance company that establishes an overseas insurance institution shall meet the following conditions:
(1) It has been in business for more than 2 years;
(2) Its total assets at the end of last year are not less than 5 billion yuan;
(3) The foreign exchange fund at the end of last year is not less than150,000 US dollars or its equivalent in freely convertible currencies;
(4) The solvency margin conforms to the relevant provisions of the China Insurance Regulatory Commission;
(5) Its internal control system and risk management system comply with the relevant provisions of the China Insurance Regulatory Commission;
(six) no record of major punishment in the last 2 years;
(7) The financial supervision system of the country or region where the overseas insurance institution is to be established is perfect, and it has maintained an effective supervision and cooperation relationship with the Chinese insurance supervision institution;
(eight) other conditions stipulated by the China Insurance Regulatory Commission. Article 10 An insurance company applying for the establishment of overseas branches, overseas insurance companies and insurance intermediaries shall submit the following materials to the China CIRC:
(1) an application;
(2) A copy of the decision of the State Administration of Foreign Exchange to approve the source of foreign exchange funds;
(3) The company's financial statements and foreign currency balance sheets audited by an accounting firm in the previous year;
(4) A report on the solvency status audited by an accounting firm in the previous year;
(5) Internal control system and risk management system;
(6) A description of the basic information of the overseas insurance institution to be established, including its name, domicile, articles of association, registered capital or working capital, shareholding structure and capital contribution, business scope, resume of the person in charge of the preparation and a copy of identification materials;
(seven) the feasibility study report, market analysis report and preparation plan of the overseas insurance institution to be established;
(eight) if the laws of the place where the overseas insurance institution is to be established require the insurance company to bear joint and several liability for the overseas insurance institution established by it, submit relevant explanatory materials;
(9) Other materials as prescribed by the China Insurance Regulatory Commission.
Where an insurance company or insurance intermediary established by an insurance company abroad has other sponsors, it shall also submit the names of other sponsors, copies of share subscription agreements, business licenses and balance sheets audited by an accounting firm in the previous year. Article 11 An insurance company applying for the acquisition of overseas insurance companies and insurance intermediaries shall submit the following materials to the China Insurance Regulatory Commission:
(1) an application;
(2) A copy of the decision of the State Administration of Foreign Exchange to approve the source of foreign exchange funds;
(3) The company's financial statements and foreign currency balance sheets audited by an accounting firm in the previous year;
(4) The solvency status report audited by the accounting firm in the latest year and the latest quarter and its explanation;
(5) Internal management system and risk control system;
(6) A description of the basic information of the overseas insurance institution to be acquired, including its name, domicile, articles of association, registered capital or working capital, business scope and a description of the person in charge;
(7) The financial statements of the overseas insurance institution to be acquired in the latest year audited by an accounting firm;
(eight) the feasibility study report, market analysis report and acquisition plan for the acquisition of overseas insurance institutions;
(9) Other materials as prescribed by the China Insurance Regulatory Commission.
If the acquired overseas insurance institution is an insurance company, it shall also submit the solvency status report and explanation audited by an accounting firm in the previous year and the latest quarter.