中国银行业代理人身保险业务自律公约
中国银行业协会
中国银行业代理人身保险业务自律公约
第一章 总则
第一条 为了维护正常的市场秩序,规范银行兼业代理人身保险业务行为,打击商业贿赂,遏制恶性竞争,建立自我约束和相互监督机制,促进银行保险业务持续、健康发展,根据《中华人民共和国商业银行法》、《中华人民共和国保险法》等国家有关法律、法规及《中国银行业自律公约》及《中国银行业自律公约实施细则》,经中国银行业协会全体会员单位共同商定,签订本公约,全体会员单位承诺互相监督、共同遵守。
第二条 本公约适用于中国银行业协会会员单位及其从业人员。
第二章 基本规定
第三条 会员单位代理人身保险业务,应当取得保险兼业代理资格;没有取得兼业代理资格的代理机构或代理网点不得开展代理人身保险业务。
第四条 银行代理销售人员应定期接受相关业务培训,每年培训时间不得少于监管部门规定时数,并积极参加销售人员资格考试,取得《保险代理从业人员资格证书》和监管部门要求的其他资格认证。
第五条 会员单位兼业代理人身保险业务时,应与被代理保险公司依法签订保险代理合同。
第六条 会员单位应当根据自身业务发展情况和风险管控能力确定合作的寿险公司数量。
第七条 从事代理人身保险业务的会员单位应由专门部门或专人负责保险代理业务,加强相关内控制度建设,定期开展对制度执行情况的内部监督检查。会员单位应按照兼业代理保险业务的有关规定,建立代理保险业务档案,逐笔记录有关要素和信息。
第八条 会员单位应加大电子化建设力度,完善代理保险业务电子化操作系统和账务系统,减少手工操作。
第九条 会员单位开展代理人身保险业务,应按代理金额的一定比例或代理业务笔数收取手续费,并按照《国家税务总局、中国保监会关于规范保险中介服务发票有关问题的通知》(国税发〔2004〕51号)规定,向保险公司开具《保险中介服务统一发票》。
第十条 会员单位代理人身保险业务应开设独立的代收保费账户并单独核算,不得以保费收入抵扣代理手续费。代理手续费收入要全额入账,严禁账外核算和经营。会员单位及其工作人员不得在合作协议规定的手续费之外接受保险公司及其工作人员给予的其他利益。
第十一条 会员单位应切实加强所代理保险产品的宣传和信息披露管理。各类宣传材料应由被代理的保险公司总公司或其授权的分公司统一印发和管理,不得擅自印制宣传材料或变更其内容。会员单位的代理销售人员介绍保险产品时,必须全面客观,不得夸大或变相夸大保险合同利益,不得承诺不确定收益或进行误导性演示,不得有虚假、欺瞒或不正当竞争的表述。代理销售人员不得将保险产品收益与其他金融产品进行片面类比,不得抵毁同业。
第三章 服务、监督和处罚
第十二条 中国银行业协会自律工作委员会负责及时向有关部门反映会员单位的意愿和要求,维护会员单位的正当权益;建立行业内部沟通协调机制,共同维护银行保险市场的正常秩序;及时向会员单位传递国家政策及行业自律信息。
第十三条 任何单位或个人均有权对会员单位及其从业人员履行公约的情况进行监督,并有权向中国银行业协会反映有关情况。
第十四条 会员单位及其从业人员违反本公约的,经中国银行业协会自律工作委员会查实后,给予相应惩戒。
(一)未对客户和社会造成严重影响,情节轻微的,酌情给予以下处理:
1.责令违约单位限期改正;
2.协会内部通报;
3.依照《中国银行业协会章程》进行其他处理。
(二)对客户和社会造成恶劣影响,情节严重的,由中国银行业协会自律工作委员会提出处理建议,报中国银行业监督管理委员会批准后执行。
第十五条 非会员单位及其从业人员违反本公约的,由中国银行业协会自律工作委员会报中国银行业监督管理委员会处理。
第十六条 会员单位对于中国银行业协会自律工作委员会的处理有异议的,可以向中国银行业监督管理委员会反映。
第四章 附则
第十七条 本公约由中国银行业协会会员单位签署后生效。
第十八条 在本公约生效后,取得中国银行业协会会员资格的单位,自签署之日起,视为自愿加入本公约。
第十九条 本公约由中国银行业协会自律工作委员会负责解释和修改。
汽车金融公司管理办法(英文版)
中国银行业监督管理委员会
China Banking Regulatory Commission No. 4 Order
Upon the approval of the State Council, the Administrative Rules Governing the Auto Financing Company is now promulgated by the China Banking Regulatory Commission.
Chairman Liu Mingkang
October 3, 2003
Administrative Rules Governing the Auto Financing Company
Chapter I General Provisions
Article 1 The Administrative Rules Governing the Auto Financing Company (hereinafter referred to as the Rules) is stipulated in accordance with relevant laws and regulations to serve the need of developing auto financing business and regulating the business activities of the non-bank financial institutions engaging in auto financing business.
Article 2 Auto financing companies referred to in the Rules are defined as non-bank financial legal entities charted by the China Banking Regulatory Commission in compliance with relevant laws, regulations and the Rules to provide loans for auto buyers and dealers in the mainland of China.
Article 3 Auto financing companies are supervised and regulated by the China Banking Regulatory Commission.
Chapter II Incorporation, Change and Termination
Article 4 The establishment of an auto financing company shall be subject to the approval of the China Banking Regulatory Commission.
Without the approval of the China Banking Regulatory Commission, no individual or entity shall be allowed to establish an auto financing company, or engage in auto financing business, or include in the name of a company such names as “auto financing” or “auto loan” that indicate the company’s engagement in auto financing business
Article 5 An investor of an auto financing company shall satisfy following requirements:
(a) It shall be a corporate legal entity incorporated in and outside China.
If the investor is a non-financial entity, its total assets of the previous year shall be no less than RMB4 billion yuan or an equivalent amount in convertible currencies; its annual business revenue of the previous year shall be no less than RMB2 billion yuan or an equivalent amount in convertible currencies.
If the investor is a non-bank financial institution, its registered capital shall be no less than RMB300 million yuan or an equivalent amount in convertible currencies;
(b) It shall have sound business performance and remain profitable for the last three consecutive years;
(c) It shall comply with the laws of the countries where it is incorporated and shall have a clean record;
(d) In case of the largest investor, it shall be an auto enterprise or a non-bank financial institution.
The auto enterprise refers to an enterprise that manufactures and sells the whole unit of an automobile.
The largest investor refers to the investor with the largest share of capital and its capital contribution accounting for no less than 30 percent of the total equity of the auto financing company;
(e) It shall not invest in more than one auto financing company; and
(f) It shall satisfy other prudential supervisory requirements set forth by the China Banking Regulatory Commission.
Article 6 An auto financing company shall satisfy the following conditions in order to be incorporated:
a) the minimum amount of registered capital required by the Rules;
b) Articles of Association that complies with relevant laws including the Company Law of the People’s Republic of China and the Rules;
c) senior management familiar with auto financing and other related business;
d) a sound organizational structure, management and risk control systems;
e) proper business premises, safety measures and other facilities for business operations; and
f) other conditions set out by the China Banking Regulatory Commission.
Article 7 The minimum registered capital of an auto financing company shall be no less than RMB500 million yuan or an equivalent amount in convertible currencies. Registered capital shall be paid-in capital.
The China Banking Regulatory Commission shall have the power to adjust the minimum registered capital of an auto financing company in line with the developments of auto financing business and the prudential requirements, but the adjusted floor shall not be lower than the amount provided in this Article.
Article 8 The establishment of an auto financing company shall cover two stages, i.e. the preparation stage and the business commencement stage. The Chinese text of all application documents for the preparation and the business commencement stages shall prevail.
Article 9 To apply for the preparation of a prospective auto financing company, the largest investor of the company shall act as the applicant and submit the following documents to the China Banking Regulatory Commission:
(a) an application letter, including the auto financing company’s name, location of incorporation, registered capital, business scope and investors’ names and amounts of investment, etc.;
(b) a feasibility study on establishing the auto financing company, including a market analysis, a business plan, the organizational structure, an assessment of the company’s risk control capability, the proforma balance sheet and profits in the following three years after the business commencement;
(c) an Articles of Association of the auto financing company (a draft note);
(d) basic information of each investor of the auto financing company, including name, legal representative, location of incorporation, a photocopy of the business license and a summary of business performance, etc.;
(e) the investor’s balance sheet, profit and loss statement and cash flow statement for the latest three years audited by qualified auditing firms;
(f) name and resume of the person in charge of the preparation; and
(g) other documents required by the China Banking Regulatory Commission.
If the applicant is a foreign non-bank financial institution, it shall submit the consent of its home country supervisory authority in writing. If the applicant is a non-financial entity, it shall submit the credit rating report of the previous year by a rating agency.
Article 10 The China Banking Regulatory Commission, upon receiving a complete set of application documents for the preparation of an auto financing company, shall provide its decision of approval or denial in writing within six months.
Article 11 The applicant shall, upon receiving the approval letter from the China Banking Regulatory Commission, complete the preparation within six months. If the applicant has justification for prolonging the preparation stage beyond the prescribed period, it shall submit a written application to the China Banking Regulatory Commission before the original deadline falls due, and may extend the preparation stage for up to three months subject to the approval.
If the applicant fails to apply for business commencement upon the completion of the preparation stage or the extended preparation stage, the original approval document for the preparation shall become void automatically.
During the preparation stage, the applicant shall not conduct any auto financing business.
Article 12 The applicant shall, before the deadline of the preparation stage or the extended preparation stage, apply for business commencement to the China Banking Regulatory Commission with the following attachments:
(a) a report on completion of the preparation and an application letter for business commencement;
(b) a certification of paid-in capital issued by a qualified Chinese certifying agency, and a registration certificate issued by the State Administration of Industry and Commerce;
(c) articles of Association of the auto financing company;
(d) names and detailed resumes of proposed senior managerial personnel;
(e) name and capital contribution of each shareholder;
(f) proposed business rules and procedures and internal controls;
(g) verification documents on business premises and other business-related facilities issued by relevant authorities; and
(h) other documents required by the China Banking Regulatory Commission.
Article 13 The China Banking Regulatory Commission, upon receiving a complete set of business commencement application documents, shall provide its decision of approval or denial of the application within three months. If the application is approved, the applicant shall receive a written approval letter attached with a license to conduct financial business with the prescribed business scope. If the application is denied, the applicant shall receive a written notice in which reasons for denial are provided.
The applicant shall, before commencing operations, register with the State Administration of Industry and Commerce with the presentation of the license to conduct financial business, and receive a corporate legal entity business License.
The China Banking Regulatory Commission shall revoke the license to conduct financial business and issue a public notice of the revocation if the auto financing company, after receiving the business license, fails without justification to open business within three months, or, without approval, stops operation for six consecutive months after business commencement.
Article 14 An auto financing company shall not set up any branch or subsidiary.
Article 15 The appointment of the senior managerial personnel of an auto financing company shall be either subject to the qualification review by the China Banking Regulatory Commission or filed with the China Banking Regulatory Commission for record.
The chairman of the board of directors, general manager and deputy general manager, executive directors, and chief financial officer of an auto financing company are subject to the qualification view by the China Banking Regulatory Commission. The qualifications of these senior managerial personnel and procedures relating to qualification review and filing for record shall be issued separately.
Article 16 An auto financing company, in case of any of the following changes, shall seek the approval of the China Banking Regulatory Commission:
(a) change of company name;
(b) change of registered capital;
(c) change of business premises;
(d) change of business scope;
(e) change of organizational structure;
(f) change of equity structure;
(g) revision of Articles of Association;
(h) change of senior managerial personnel;
(i) merger or split; and
(j) other changes that require the approval of the China Banking Regulatory Commission.
Article 17 The liquidation of an auto financing company whose operation is terminated because of dissolution, closure or bankruptcy, shall be carried out in compliance with relevant laws and regulations.
Chapter III Business Scope and Supervision
Article 18 An auto financing company may conduct all or part of the following lines of Renminbi business with the approval of the China Banking Regulatory Commission:
(a) taking deposits with maturity of no less than three months from its shareholders in the mainland of China;
(b) extending loans for auto purchase;
(c) extending loans to auto dealers for purpose of purchasing automobiles or facilities for operations (including the show-room construction, purchase of spare parts and equipment repairs);
(d) transferring and selling auto loan receivables;
(e) borrowing from financial institutions;
(f) providing guarantee for auto purchase financing;
(g) agency business relating to auto purchase financing; and
(h) other loan business approved by The China Banking Regulatory Commission.
Article 19 An auto financing company, in case of extending loans to a natural person for auto purchase, shall observe relevant rules governing the auto loans to individual buyers promulgated by the relative supervisory authority. In case of extending auto loans to a legal entity or other organizations, an auto financing company shall observe relevant rules set out by General Provisions of Loans and other regulations.
Article 20 An auto financing company, without the approval of relevant regulatory authorities, shall not issue bonds or borrow funds from overseas. When an auto financing company’s establishment and business operations involve currency exchange, outward repatriation of profits, provision of auto loans for non-residents, capital management or other business transactions relating to foreign exchange administration, the company shall be subject to relevant regulations to be jointly issued by relative regulatory authorities and the State Administration of Foreign Exchange.
Article 21 An auto financing company shall meet the requirement on the capital to risk assets ratio, and the capital adequacy ratio shall not be less than ten percent. The China Banking Regulatory Commission may increase the minimum requirement of capital adequacy ratio of an individual company in line with the company’s risk profile and risk management capability. Other requirements on risk control and management relating to various kinds of assets shall be issued separately by the China Banking Regulatory Commission.
Article 22 An auto financing company shall adopt relevant accounting rules for financial institutions.
Article 23 An auto financing company shall compile in required format and submit to the China Banking Regulatory Commission the balance sheet, the profit and loss Statement, the cash flow statement and other statements required by the China Banking Regulatory Commission, and submit the financial statements of the previous year within three months after the end of each accounting year.
An auto financing company shall not provide false financial statements, or statements in which important facts are concealed.
Article 24 An auto financing company shall establish and improve various business management systems and internal controls in line with Guidelines on Strengthening Internal Controls of Commercial Banks issued by the People’s Bank of China, and report the systems to the China Banking Regulatory Commission before their implementation.
Article 25 An auto financing company shall accept the on-site examination and the off-site surveillance by the China Banking Regulatory Commission.
Article 26 The China Banking Regulatory Commission may call the legal representatives or other senior managerial personnel of an auto financing company for inquiries into problems discovered during regular examinations, and demand the company to correct within a prescribed time frame.
Article 27 An auto financing company shall establish a system of external audit on a regular basis and submit to the China Banking Regulatory Commission annual auditor’s report signed by the company’s legal representative within six months after the end of each accounting year.
Article 28 An auto financing company, in case of encountering payment difficulties or other emergencies, shall take remedial actions, and promptly report to the China Banking Regulatory Commission.
Article 29 The China Banking Regulatory Commission shall demand remedial actions by an auto financing company in case of the following circumstances:
(a) The company suffers from a loss in the current year of above 50 percent of the registered capital or losses in the last three consecutive years of above 10 percent of the registered capital;
(b) The company is in payment difficulties; and
(c) The company faces other major operational risks that the China Banking Regulatory Commission deems necessary to issue an order for corrective actions.
Article 30 The China Banking Regulatory Commission, after issuing an order for corrective actions to an auto financing company, may take the following enforcement actions:
(a) demanding or prohibiting the change of the company’s senior managerial personnel;
(b) suspending part of the company’s business or prohibiting the company’s engagement in new business lines;
(c) demanding an increase of the company’s capital within a prescribed time frame;
(d) demanding the company to change its equity structure or implement other forms of restructuring;
(e) prohibiting the dividend distribution; and
(f) other enforcement actions that the China Banking Regulatory Commission deems necessary.
Article 31 An auto financing company, when receiving an order for remedial actions, shall not resume normal business operations until the following conditions are met and are approved by the China Banking Regulatory Commission:
(a) Solvency is restored;
(b) Losses are covered; and
(c) Major operational risks are addressed.
Article 32 The maximum time limit that an auto financing company is allowed for corrective actions shall not exceed one year. If the company fails to meet the objectives of remedial actions within the prescribed time limit, its operation shall be terminated in accordance with relevant laws and regulations.
Article 33 Auto financing companies may establish a trade association for self-regulation purposes. The activities of the trade association are subject to the guidance and oversight of the China Banking Regulatory Commission.
Chapter IV Legal Liabilities
Article 34 Any establishment of an auto financing company or any auto financing business without the approval of the China Banking Regulatory Commission shall be banned. If the case constitutes a crime, criminal liabilities shall be investigated. If the case dose not constitute a crime, the China Banking Regulatory Commission shall confiscate the illegal earnings and impose a fine between one to five times the illegal earnings. If no illegal earnings are involved, the China Banking Regulatory Commission shall issue an order for remedial actions and impose a fine of no less than RMB100,000 yuan and no more than RMB500,000 yuan.
Article 35 The China Banking Regulatory Commission shall demand correction and impose a fine of RMB1000 yuan if a company, without the approval of the China Banking Regulatory Commission, includes in its name such words as “auto finance”, “auto loan”, etc. that indicate the company’s engagement in auto financing business.
Article 36 In case of an auto financing company being found to engage in business activities beyond its prescribed business scope, the China Banking Regulatory Commission shall issue a warning against the company, confiscate the illegal earnings and impose a fine in a range of one to five times the illegal earnings. If no illegal earnings are involved, the China Banking Regulatory Commission imposes a fine of no less than RMB100,000 yuan and no more than RMB500,000 yuan. If the case constitutes a crime, the criminal liabilities shall be investigated.
Article 37 In case of an auto financing company being found in violation of relevant provisions of the Rules to provide false financial statements or statements in which important facts are concealed, the China Banking Regulatory Commission shall issue a warning against the company, and impose a fine of no less than RMB100,000 yuan and no more than RMB500,000 yuan. If the case constitutes a crime, the criminal liabilities shall be investigated.
Article 38 In case of an auto financing company being found in violation of relevant provisions of the Rules to reject or impede the examinations and oversight by the supervisor, the China Banking Regulatory Commission shall issue a warning against the company, and impose a fine of no less than RMB10,000 yuan and no more than RMB30,000 yuan.
Article 39 An auto financing company, in case of being found in violation of the Rules, shall be punished in accordance with the provisions of Article 34 to Article 38. If the violation is a serious one, the China Banking Regulatory Commission may ban the company’s senior managerial personnel from holding senior management position for one to ten years, or in some particular case, for life.
Article 40 An auto financing company, in case of being found in violation of other Chinese laws and regulations, shall be subject to enforcement actions by relevant regulatory authorities.
Chapter V Supplementary Provisions
Article 41 The Rules is applicable to all auto financing companies incorporated in the mainland of China funded by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan province.
Article 42 The Rules enters into effect on October 3, 2003, and the power of the interpretation rests with the China Banking Regulatory Commission.