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Title: Regulations Governing the Supervision of Insurance Solicitors CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 2 Obtaining Qualifications and Registering
Article 5
To obtain the qualification of an insurance solicitor, a person must attain the age of majority, have graduated from a senior high school (senior vocational school) or higher level educational institution or possess an equivalent academic degree, and meet one of the following conditions:
1. Having taken and passed a solicitor qualification examination held by the appropriate industry association; or
2. Having been registered in accordance herewith and having not been sanctioned by revocation of such registration pursuant to Article 11-1, Article 13 or paragraph 3 of Article 19 herein.
A person who intends to take the qualification examination under subparagraph 1 of the preceding paragraph shall enroll in the examination according to the rules for solicitor qualification examinations adopted by the appropriate industry association.
The appropriate industry association may, in consideration of the status of insurance market development, hold the solicitor qualification examinations for any single type of insurance, subject to the approval of the competent authority.
The rules for solicitor qualification examinations under the preceding two paragraphs shall be formulated by the appropriate industry association and submitted to the competent authority for recordation.
The education requirements set forth in paragraph 1 hereof do not apply to insurance solicitors who have registered in accordance herewith prior to December 31, 2010 and have not been sanctioned by revocation of such registration pursuant to Article 11-1, Article 13 or paragraph 3 of Article 19 herein.
Article 6
A person having the qualifications set forth under paragraph 1 of the preceding article may complete a registration application form and submit the same to the appropriate industry association for registration through his or her employing company.
The appropriate industry association shall notify the employing companies of solicitors who have passed its review to prepare and issue a registration certificate to said solicitors. The employing companies shall, before the 15th of each month, compile information on the registration certificates prepared and issued in the previous month and forward such information to the appropriate industry association for the purpose of data compilation.
The registration application form, registration procedure, format of the registration certificate, and information to be included in the registration certificate shall be set forth by the appropriate industry association.
A person who already has an insurance agent or insurance broker practice license may, after surrendering the practice license to the competent authority, submit a proof of practice license surrender and make registration through his or her employing company.
A person whose solicitor registration has been revoked pursuant to Article 11-1, Article 13 or paragraph 3 of Article 19 herein shall retake the qualification examination under subparagraph 1, paragraph 1 of the preceding article before making registration.
Solicitors shall present their registration certificate and make known the scope of business for which they are authorized to conduct when soliciting insurance, unless it is otherwise stipulated by the competent authority.
Article 7
Registration will not be granted to any person applying for solicitor registration and having any of the following situations; if any such person is already registered as a solicitor, the employing company shall notify the appropriate industry association to cancel the registration:
1. Having no legal capacity or having limited legal capacity.
2. Having made a false statement in registration application document.
3. Having received a final and unappealable sentence for violating the Organized Crime Prevention Act, and the sentence has not been completed, or five (5) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.
4. Having received a final and unappealable sentence to imprisonment for committing forgery, embezzlement, fraud or breach of trust, and the sentence has not been completed or three (3) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.
5. Having received a final and unappealable sentence to imprisonment for violating the Insurance Act, the Banking Act, the Financial Holding Company Act, the Trust Enterprise Act, the Act Governing Bills Finance Business, the Financial Asset Securitization Act, the Real Estate Securitization Act, the Securities and Exchange Act, the Futures Trading Act, the Securities Investment Trust and Consulting Act, the Act for Regulation of Foreign Exchange, the Credit Cooperative Act, the Money Laundering Control Act, or any other financial regulatory law, and the sentence has not been completed, or three (3) years have not elapsed since the date of sentence completion, the expiration of probation period, or the pardon of such punishment.
6. Having been adjudicated bankrupt, and rights and privileges have not been reinstated.
7. Having an ongoing event that seriously damages his or her credit worthiness or three (3) years have not elapsed since the closure of such an event.
8. Currently being suspended from solicitation in the same type of insurance business as an insurance company, insurance agent company, insurance broker company, or bank pursuant to Article 19 herein.
9. Having been registered as a solicitor by another insurance company, insurance agent company, insurance broker company or bank engaging in the same type of insurance business, and the previous registration has not been cancelled, hence having made double registration.
10. Having obtained an insurance agent or insurance broker practice license, or acting as the responsible person of another insurance agent company, insurance broker company, or insurance surveyor company.
11. There is factual proof that the person has engaged in or otherwise been involved in any other dishonest or improper activity in the past three years, which demonstrates unsuitability to work as a solicitor.
Article 8
The appropriate industry association and the employing company shall each establish a file for the registration of solicitors, assigning a file number in sequence and stating the following information therein:
1. the solicitor's name, sex/gender, date of birth, domicile information, registration number or national ID number, Resident Certificate for the Taiwan Area ID number, Alien Permanent Resident Certificate number, or ID number of Long-term Resident Certificate held by Mainland spouse, year in which the solicitor passed the solicitor qualification examination, and the period of validity of the registration certificate;
2. the name, location, and phone number of the employing company;
3. the date of registration;
4. any registration of change, suspension from solicitation, cancellation or revocation of registration, and the cause;
5. the scope of solicitation in which the solicitor is authorized to engage;
6. the type(s) of insurance the solicitor is allowed to solicit; and
7. any other information where its registration is required by the competent authority.
Where necessary, an interested party may inquire the appropriate industry association or the employing company regarding a solicitor's registration, to which, the industry association or the employing company may not refuse.
The employing company may inquire the appropriate industry association whether a solicitor has the situation of registering with another insurance enterprise, insurance agent company or insurance broker company not engaging in the same type of insurance business in accordance with Paragraph 2 or Paragraph 3 of Article 14 herein.
Article 9
A solicitor registration certificate is valid for a period of five years and procedures for its renewal shall be completed before the expiration of the original certificate. Solicitation of insurance shall not be made until renewal procedures have been completed.
Rules governing the procedures for renewal of solicitor registration certificates shall be formulated by the appropriate industry association and submitted to the competent authority for recordation.
Article 10
Where there is any change to a solicitor’s status, the employing company shall report to the appropriate industry association within five days of occurrence in accordance with the following provisions:
1. Where there has been a change in the registration items, the employing company shall register the change.
2. Where a solicitor has been sanctioned to stop solicitation activities, the employing company shall register the suspension of solicitation.
3. Where a solicitor has any situation under Article 7 herein or has died, lost legal capacity, terminated the employment contract, or otherwise ceased solicitation activities, the employing company shall register the cancellation of solicitor’s registration.
4. Where a solicitor has registration revoked under Article 11-1, Article 13 or paragraph 3 of Article 19 herein, the employing company shall register the revocation.
Under any of the situations set forth in subparagraphs 2 ~ 4 of the preceding paragraph, a solicitor shall surrender his or her registration certificate to the original employing company. The date of change in a solicitor’s status under subparagraph 3 of the preceding paragraph shall be the date on which the solicitor has completed the change formalities.
Until the employing company has completed the formalities for registering the change in solicitor’s status, the insurance solicitation activities of such solicitor shall still be deemed as solicitation undertaken by the employing company.
If the employing company ceases business operation, is dissolved, or is otherwise unable to continue business operation or conduct business activities for any other reason, it shall file on behalf of all of its solicitors registration cancellation with the appropriate industry association. Where the employing company fails to make such filing, a solicitor may request the trade association of which the employing company is a member to file cancellation of registration on his or her behalf with the appropriate industry association.
After a solicitor has terminated his or her employment contract with the employing company, the solicitor may apply through the trade association of which the employing company is a member for cancellation of registration, provided his or her employing company did not carry out the cancellation of the solicitor’s registration without justified causes.
If the application in the preceding paragraph is found factual, the appropriate industry association shall cancel the solicitor’s registration and notify the employing company.
Article 11
The special examination referred to Article 4 herein shall be held by Taiwan Insurance Institute, the appropriate industry association, or any other insurance-related institution sanctioned by the competent authority.
Before soliciting insurance for which the passage of a special examination as referred to in Article 4 herein is required, a solicitor shall pass the special examination arranged by one of the institutions set forth in the preceding paragraph and file a change in solicitor registration with the appropriate industry association pursuant to subparagraph 1, paragraph 1 of Article 10 herein through the employing company before the solicitor may solicit that type of insurance.
A person whose solicitor registration has been revoked pursuant to Article 11-1, Article 13 or paragraph 3 of Article 19 herein shall retake and pass the examination under the preceding paragraph and carry out change of registration before being allowed to solicit that type of insurance.
Article 11-1
Where a solicitor has been found upon investigation to have engaged in material violation of the rules or cheating when taking a qualification examination under Article 5 herein or a special examination under Article 11 herein, the employing company at the time of the act shall revoke the solicitor’s registration; where the employing company at the time of the act is dissolved or has its business registration canceled, the current employing company where the solicitor is registered shall impose the sanction.