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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 4 Insurance Solicitation
Article 14
Once registered, a solicitor shall solicit insurance exclusively for the employing company.
After obtaining relevant qualifications, a solicitor of an insurance enterprise or insurance agent company may be registered with another insurance enterprise or insurance agent company not engaged in the same type of insurance business.
After obtaining relevant qualifications, a solicitor of an insurance broker company may register with another insurance broker company not engaged in the same type of insurance business.
A solicitor who transfers to another company shall be re-registered following the provisions of Article 6; the same shall apply where after such transfer the person involved rejoins the original employing company as a solicitor.
Article 15
The activity of insurance solicitation undertaken by a solicitor under authorization shall be deemed as an activity within the scope of authorization by the employing company. The employing company shall administer rigorous supervision of solicitation by its registered solicitors and will be held jointly and severally liable under law for any damage arising out of or in relation to the solicitation activity of its solicitors. Where a solicitor is concurrently registered to solicit both non-life insurance and personal insurance, the respective employing companies under which the solicitor is registered shall assume joint liability under law.
The authorization as referred to in the preceding paragraph shall be made in writing and noted on the solicitor’s registration certificate.
The term “activity of insurance solicitation” referred to in paragraph 1 hereof shall mean any of the following activities undertaken by a solicitor:
1. Explaining the content of an insurance product and relevant policy provisions.
2. Explaining points to note in filling out an application form.
3. Forwarding the application documents or insurance policy.
4. Any other solicitation activities authorized by the employing company.
When engaging in insurance solicitation activities referred to in the preceding paragraph, a solicitor shall obtain application related documents signed by the applicant and the insured in person; when the solicitation involves life insurance products, the solicitor shall meet the applicant and the insured in person, unless it is otherwise stipulated by the competent authority.
A solicitor shall personally sign name and note his or her registration number on the application form that he or she solicits, unless it is otherwise stipulated by the competent authority.
Article 16
The promotional materials, advertising, introductions, product brochures and policy recommendations used by a solicitor in soliciting insurance shall indicate the name of the employing company, and the name of insurance enterprise if the employing company is an agent, a broker or a bank. A solicitor shall not solicit insurance under any other name or in any other manner.
The contents of the promotional materials, advertising, introductions, product brochures and policy recommendations referred to in the preceding paragraph shall conform to the policy provisions, premium rates, application forms, and any other such documents as reported by the insurance enterprise to the competent authority and approved by the competent authority, and as agreed for use by the employing company. The contents of the aforementioned documents shall also comply with the requirements for information disclosure prescribed by the competent authority.
A solicitor of an insurance agent company, insurance broker company or bank shall use only promotional materials, advertising, introductions, product brochures and policy recommendations provided or approved by the insurance enterprise they work with.
Article 17
Where a solicitor is suspected of violating any insurance act or regulation, or where the competent authority conducts an inquiry into matters relating to solicitation of insurance by a solicitor, the employing company or the solicitor shall provide the competent authority with explanations or written reports within the time limit designated by the competent authority.