Chapter 5 Rewards and Discipline
Article 18
An employing company shall adopt reward and disciplinary measures with respect to the solicitation activities of its solicitors and submit the same to the trade association of which it is a member for recordation.
With respect to the drafting or revision of the reward and disciplinary measures mentioned in the preceding paragraph, an employing company should include the opinions given by the representatives of its solicitors and adopt the measures in a fair and open manner that also uphold the interests of policyholders. The measures should also contain the procedure of giving a solicitor the chance to state his or her case before meting out any disciplinary action and a mechanism for ex post relief.
The competent authority or the appropriate industry association may issue commendations or otherwise reward outstanding companies or outstanding solicitors that have made earnest efforts in promoting public good with actual deeds or have made contribution to the development of the insurance market.
Article 19
Where a solicitor has committed any of the acts in the following subparagraphs, the employing company at the time of the act shall refer the solicitor to the law enforcement for investigation of alleged crime, and suspend said solicitor’s solicitation activities for a period of not less than three months but not more than one year, depending on the severity of the circumstance:
1. Misrepresented or failed to explain any matter that affects the rights and interests of the applicant or the insured.
2. Instigated an applicant or an insured to conceal information from or give false information to the insurer, or knowingly concealed the fact that an applicant or an insured has concealed information from or given false information to the insurer.
3. Prevented an applicant or an insured from disclosing information.
4. Solicited business from an applicant or an insured by means of unfair discrimination, improper rebate, or any other inappropriate reduction of insurance premium.
5. Solicited business from an applicant, an insured or any third party by means of exaggerated or false publicity, advertising, or by another other inappropriate means.
6. Recruited or hired persons without the consent of the employing company.
7. Signed documents on behalf of an applicant or an insured, or filled out an insurance contract document without the consent or authorization of an applicant or an insured.
8. Instigated an applicant by means of threat, inducement with promise of gain, concealment, deceit, or any other inappropriate means, or false representation to terminate an in-force insurance contract and enter into a new contract that resulted in damage to the applicant.
9. Collected premiums without authorization, or collected premiums with authorization but misappropriated or embezzled the collected premiums, or collected premiums without duly delivering a formal receipt issued by the insurance enterprise.
10. Lent his or her solicitor registration certificate for use by others or used other’s registration certificate.
11. Solicited or recommended insurance business or other financial products not yet approved or recorded by the competent authority.
12. Solicited insurance business or business in similar nature on behalf of a juristic person or an individual that has not been approved by the competent authority to engage in insurance business.
13. Made improper comparison by means of exaggeration or misrepresentation between different insurance contracts, or between an insurance product and bank deposit or other financial products.
14. Disseminated untrue statements or promotional materials, hence disrupting the financial order.
15. Diverted the funds of the applicant or kept the policy and the seal of the applicant under his or her custody.
16. Violated the provisions of Article 9, paragraph 2 of Article 11, paragraph 1 of Article 14, paragraph 4 or 5 of Article 15, or Article 16 herein
17. Other business misconduct in the capacity of a solicitor.
Where the employing company of a solicitor at the time the solicitor committed an act under the preceding paragraph has been dissolved or cancelled practice license, the employing company that the solicitor is currently registered with shall impose the sanction on the solicitor.
Where a solicitor has been suspended from solicitation activities accumulatively for two years or longer in the most recent five years, the employing company shall revoke his or her solicitor registration.
Article 19-1
A solicitor who disagrees with the sanction of suspension or revocation of solicitation registration against him or her may, within one month from the date of receiving a notice of sanction, appeal to the original decision-making company in writing by stating his or her reasons. A solicitor is allowed to make such an appeal once only. The original decision-making company shall, within one month after receiving the written appeal, notify the solicitor of the appeal result in writing.
If the solicitor disagrees with the appeal result in the preceding paragraph, he or she may, within three months from the date of receiving the appeal result, apply to the grievance and appeal committee of the appropriate industry association for review in writing by stating his or her reasons. A solicitor is allowed to make such an application once only.
Members of the grievance and appeal committee mentioned in the preceding paragraph shall include solicitor representatives. The appropriate industry association should report the composition of its grievance and appeal committee to the competent authority for recordation.
Article 20
Where a solicitor has any of the situations under Article 7, Article 11-1, Article 13, paragraph 1 of Article 19 or paragraph 3 of Article 19, the employing company shall notify the solicitor and the appropriate industry association.
Where a solicitor who has been registered with another employing company pursuant to paragraph 2 or paragraph 3 of Article 14 herein has any situation under Article 7 or paragraph 1 of Article 19, respective employing companies shall handle the matter in accordance with the preceding paragraph, and notify the other employing company and the appropriate industry association.
Appropriate industry associations shall set up a file based on the information provided in the notices under the preceding two paragraphs for the inquiry of other industry associations and member companies. The appropriate industry associations shall also submit related statistics and analyses to the competent authority for recordation on a regular basis.