Chapter Six Insurance Agents Management
Article 47
“Insurance agents” as mentioned in the regulations hereof refer to persons who engage in soliciting postal simple life insurance business. “Insurance agents management” as mentioned in the regulations hereof refers to the management of these insurance agents as they solicit insurance contracts.
Insurance agents of Chunghwa Post may not solicit postal simple life insurance business without obtaining an agent registration certificate from Chunghwa Post first.
Article 48
The person has attained the age of majority and hold a degree from a junior high school or higher-level educational institution, or an equivalency diploma of that level may apply, subject to Chunghwa Post’s approval, to be a Chunghwa Post insurance agent if they fall into any of the following qualifying categories:
1. Those who have received educational training on simple life insurance and passed an insurance agent qualification test.
2. Those who have passed the life insurance agent qualification test held by the Life Insurance Association of the ROC may directly register after receiving educational training on simple life insurance.
3. Any insurance agent who has passed the postal simple life insurance agent qualification test before the enforcement of the regulations hereof.
The required qualifications as mentioned in the preceding paragraph shall be set forth in the regulations governing the insurance agents.
Chunghwa Post shall draw up the guidelines for the insurance agent qualification tests as mentioned in subparagraph 1 of paragraph 1 and submit them to the MOTC and FSC for reference.
Article 49
Chunghwa Post shall not approve an insurance agent registration application from anyone who falls into any of the following categories (and registration shall be cancelled for anyone who already possesses a registration found to belong to any of the following categories):
1. Legally incompetent persons, legally quasi-incompetent persons or those with limited legal capacity or subject to the court order of commencement of assistance and such order has not been revoked.
2. Persons whose applications are found to contain false statements.
3. Persons who have violated provisions of the Organized Crime Prevention Act and who were sentenced to imprisonment and are either still in prison or were released from prison, on probation or pardoned within the last 5 years.
4. Persons convicted of forgery, embezzlement, fraud or breach of trust and sentenced to imprisonment who are either still in prison or were released from prison, on probation or pardoned within the last 3 years.
5. Persons who have violated provisions of this Act, Insurance Act, Banking Act, Financial Holding Company Act, Trust Enterprise Act, the Act Governing Bills Finance Business, Financial Asset Securitization Act, Real Estate Securitization Act, Securities Transaction Act, Futures Trading Act, Securities Investment Trust and Consulting Act, Foreign Exchange Management Act, Credit Cooperative Act, Money Laundering Control Act, or other financial regulations who were sentenced to imprisonment in a final judgment and are either still in prison or were released from prison, on probation or pardoned within the last 3 years.
6. Persons who have declared bankruptcy and have not yet restored the rights they lost.
7. Persons who have suffered or are responsible for a major loss of credit standing, whether resolved or not, within the last 3 years.
8. Persons whose registration is currently suspended or was revoked hereof over the past three years as mandated in Article 56.
9. Persons who are registered with other insurance carriers, insurance agencies or insurance broker company or bank engaging in the same type of insurance business, and the previous registration has not been cancelled their registration.
10. Persons who already possess licenses of insurance agents or insurance brokers, 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 over the past three years and are therefore not fit for the positions.
The “same kinds of insurance” as mentioned in subparagraph 9 of the preceding paragraph means life insurance or simple life insurance.
Article 50
Should there be any change of status for an insurance agent, Chunghwa Post shall take the following actions towards the agent’s registration within 5 days:
1. Add an entry of changes should there be any changes on the items registered.
2. Add an entry of suspension if the agent is ordered to stop soliciting as punishment.
3. The solicitor’ s registration revoked in accordance with Articles 49 hereof add an entry of annulment should the agent die, lose legal capacity, terminate his/her contract with Chunghwa Post or for other reasons stop soliciting for Chunghwa Post.
4. Add an entry of revocation should the agent’s registration revoked in accordance with Articles 51 or 56 hereof.
Under any of the situations set forth in subparagraphs 2 - 4 of the preceding paragraph, the agent or his/her heir shall hand in the registration certificate for cancellation.
The change of status of an agent as mentioned in subparagraph 3 of the first paragraph shall be the date on which the solicitor has completed the change formalities.
Before any change in an agent’s registration is completed, the agent’s actions soliciting insurance will still be deemed as acts of the company.
Article 51
After registering with Chunghwa Post, insurance agents shall attend training held by Chunghwa Post regularly.
Chunghwa Post shall revoke the registration of any insurance agent failing to attend an training course. The same shall apply to any agent who fails the training course twice in a row.
Article 52
Agents registered with Chunghwa Post shall solicit simple life insurance business for Chunghwa Post only.
Article 53
Any agent who solicits postal simple life insurance business with Chunghwa Post’s authorization shall be deemed as engaging in behavior authorized by Chunghwa Post; Chunghwa Post shall strictly manage the registered solicitors and shall be jointly and severally liable for any damage caused by solicitation of the solicitors.
The authorization as mentioned in the preceding paragraph shall be in a written form and entered on the agent’s registration certificate.
The soliciting of postal simple life insurance business as mentioned in the first paragraph hereof refers to the following behaviors of solicitors:
1. Explaining the contents and policy clauses of insurance products.
2. Explaining how to fill out application forms.
3. Conveying application documents and policies.
4. Other behaviors authorized by Chunghwa Post to carry out solicitation of postal simple life insurance business.
In engaging in the act of insurance solicitation referred to in the preceding paragraph, a solicitor shall meet with the applicant and the insured in person and obtain the relevant insurance documents signed by the applicant and the insured, unless otherwise stipulated by the FSC.
Article 54
Chunghwa Post shall establish a separate set of guidelines to govern the solicitation of business of the insurance agents.
Article 55
In the case that an insurance agent has violated the Simple Life Insurance Act, or the FSC or MOTC has made enquiries about the soliciting of insurance of an insurance agent, Chunghwa Post shall make an explanation within certain timeframe set by the FSC or MOTC.
Article 56
Should an agent violate the regulations hereof or be at fault in any of the following ways, apart from when an agent suspected of breaking the law shall refer the solicitor to the law enforcement for investigation of alleged crime, Chunghwa Post shall punish him/her with a suspension for the said solicitation activities for a period of not less than three months but not more than one year or revoke his or her solicitor registration, and arrange mandatory trainings for the solicitor:
1. In regard to matters affecting the rights and interests of the applicant or the insured, the agent has either given an explanation that is a misrepresentation or has failed to give any explanation at all.
2. The agent instigates the applicant or the insured to conceal facts or make false statements; or the agent knows that the applicant or the insured has concealed facts or made false statements and has intentionally kept it from the company.
3. The agent hinders the applicant or the insured from providing relevant information.
4. In order to obtain business, the agent gives the applicant or the insured incorrect quotes, sharing parts of the commission or employing some other inappropriate method to provide a discount on the premium.
5. The agent has made exaggerated promotional statements or advertisements or used other inappropriate methods to solicit business.
6. The agent has hired people to work for him or her without the permission of Chunghwa Post.
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. The agent has received premiums without Chunghwa Post’s authorization, or the agent has received premiums with Chunghwa Post’s authorization but instead of turning in the money has embezzled it or failed to give a formal receipt in accordance to regulations.
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 FSC.
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 FSC 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.Involved in any major violation or malpractice in the qualification test provided in Article 48, which has been verified.
17. Other business misconduct in the capacity of a solicitor.
For any agent whose registration has been suspended for a total of two years while the agent’s registration is still valid, the agent’s registration shall revoke his or her solicitor registration.
Solicitors who refuse to accept suspension and revoke of solicitor registration may lodge an appeal to Chunghwa Post within one month from the day following the date on which the notice of punishment arrives, and the appeal shall not be made more than once. Chunghwa Post shall notify the solicitor in writing of the result of the review within one month from the day following the date on which the written materials of the appeal arrive.