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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/10/05 02:08
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Chapter Law Content

Title: Regulations Governing Insurance Surveyors CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 3 Registration of Business Practice and Application for Practice License
Article 7
A person possessing a surveyor qualification as set out in these Regulations and free of the situations provided in any subparagraph of paragraph 1 of the preceding article may, after obtaining a practice license, practice business independently or as an employee of a corporate a surveyor company organization.
A surveyor company shall employ at least one surveyor to serve as a signatory, and carry out registration of permission with the competent authority. The company shall make appropriate adjustments to the number of such persons according to the scale of its business and the quality of business. When necessary, the competent authority also may require the company to employ additional surveyors to serve as signatories.
After completing the registration of permission set out in the preceding paragraph, it shall duly carry out registration of incorporation with the appropriate competent authority in charge of company registration.
No surveyor may serve as a signatory for two or more companies concurrently.
Article 8
An independent surveyor shall submit the following documents to carry out registration of permission with the competent authority:
1. An application form.
2. Certification showing that the qualification requirements set out in these Regulations are met.
3. Certification of pre-service education and training recognized by the competent authority obtained within the last two years; a person whose certification of pre-service education and training was obtained more than two years ago may submit the already obtained certification of pre-service education and training along with certification of in-service education and training under Article 25; a person who carries out registration of permission with the qualification set out in Article 5, paragraph 1, subparagraph 3 may submit a certification of in-service education and training set out in Article 25 herein;
4. Proof of identity.
5. A business plan.
6. A written statement undertaking the absence of situations provided in paragraph 1 of Article 6.
7. Other documents as required by the competent authority.
Article 9
A surveyor company shall carry the wording “insurance survey” in its name, except for surveyor companies that have been approved and registered with the competent authority to operate surveyor business.
A surveyor company shall submit the following documents to the competent authority for registration of permission:
1. An application form.
2. A photocopy of the valid practice license of surveyors employed or certification showing that surveyors employed meet the qualification requirements set out in these Regulations and any of the following certifications:
(1) Certification of pre-job training, obtained within the past 2 year before submission of the application and recognized by the competent authority;
(2) For an employed surveyor whose certification of pre-job education and training was obtained more than two years ago, submit such certification along with certification of on-the-job training under Article 25; or
(3) Where registration of permission is based on the qualifications set out in subparagraph 3, paragraph 1 of Article 5 herein, certification of on-the-job training set out in Article 25 herein.
3. Proof of identity for any surveyors employed.
4. A written statement that the designated chairman, general manager and any surveyors employed are free of the situations in subparagraphs 1 through 9 and subparagraphs 12 through 19 of paragraph 1, Article 6 herein.
5. A business plan.
6. A list of promoters or shareholders stating each promoter's or shareholder's name, date of birth, domicile, ID number, and amount paid for subscription/purchase of shares.
7. The articles of incorporation.
8. Proof of full payment for shares or proof of the balance of deposits of the company.
9. Documents evidencing the qualifications of the designated chairman and general manager.
10. Other documents as required by the competent authority.
Where any of the promoters or shareholders referred to in subparagraph 6 of the preceding paragraph is a foreign insurance surveyor institution, the documents set out in subparagraphs 2 through 4, subparagraphs 11 and 12, paragraph 1 of Article 41 shall also be submitted.
Article 10
A surveyor company shall have one general manager in charge of managing the overall operations of the company and shall not have other officers in comparable position.
The general manager referred to in the preceding paragraph shall not act concurrently as the chairman or general manager of other surveyor companies.
The general manager of a surveyor company shall possess one of the following qualifications:
1. Has graduated from a domestic or foreign school at the level of junior college or higher or possessing equivalent academic qualifications, and having no less than five years of experience working for an insurance company, insurance cooperative, insurance broker company, insurance agent company, or surveyor company;
2. Has graduated from a domestic or foreign school at the level of junior college or higher or possesses equivalent academic qualifications, and has served for no less than five years as a signatory for an insurance surveyor; or
3. Having other factual evidence sufficient to show professional insurance expertise or insurance work experience that enables him or her to operate an insurance surveyor business soundly and effectively.
The appointment or dismissal of the general manager mentioned in the preceding paragraph shall be duly registered with the competent authority in charge of company registration.
Article 11
The chairman of a surveyor company, at least one third of its directors and supervisors, sales-related vice general manager, managers of branch offices or officers in comparable positions shall possess one of the following qualifications:
1. Has graduated from a domestic or foreign school at the level of junior college or higher or possesses equivalent academic qualifications, and has no less than three years of insurance company, insurance cooperative, insurance broker company, insurance agent company, or surveyor company work experience.
2. Has graduated from a domestic or foreign school at the level of junior college or higher or possesses equivalent academic qualifications, and has served for no less than two years as a signatory for an insurance surveyor.
3. There is other factual evidence sufficient to prove professional insurance expertise or insurance work experience, and capability for safe, sound, and effective operation of an insurance surveyor business.
Article 12
Where there is a change of chairman, director, supervisor, general manager or managers of branch office, a surveyor company shall submit a written statement undertaking that the new appointee is free of situations set out in any of the subparagraphs of paragraph 1, Article 6 and documents evidencing compliance with qualifications provided in the preceding two articles to the surveyors association for recordation within fifteen days after the change.
A surveyor company shall report changes to place of business or paid-in capital to the surveyors association for recordation within fifteen days after registration of the change (with the appropriate authority); the preceding paragraph applies when an independent surveyor changes his or her place of business.
The directions for the reporting operations set out in the preceding two paragraphs shall be drawn up by the surveyors association, and submitted to the competent authority for recordation; the preceding provision shall apply to any amendment to those directions.
Article 13
When a surveyor employed by a surveyor company ceases to serve as a signatory for the company, the surveyor company shall, within fifteen days after the employed surveyor departs, report to the competent authority and surrender the practice license of the departed surveyor, and report same to the surveyors association for recordation.
When a surveyor company employs an additional surveyor or changes a surveyor, and such new surveyor already has a practice license, the surveyor company shall report to the surveyors association for recordation within seven days after employing the additional surveyor or changing the surveyor.
The surveyors association shall prescribe directions for the reporting operation under the two preceding paragraphs.
Article 14
A surveyor company applying to operate surveyor business shall have minimum paid-in capital of NT$2 million. The capital contributions of promoters and shareholders shall be limited to cash.
Article 15
The bond deposited by a surveyor company will be returned upon duly made application only after liquidation of the company is completed according to law, and the practice license is surrendered and cancelled; provided, an independent surveyor may apply for return of the bond after he has ceased practice and his practice license has been surrendered and cancelled.
Article 16
A surveyor shall apply to the competent authority for issuance of a practice license and commence operating or practicing business within six months of the date of registration of permission. If the surveyor has not yet applied or has not yet commenced operation or practice at the end of this period, the competent authority will revoke its registration.
Article 17
A surveyor company having any of the following situations shall submit an application together with its board of directors’ or shareholders’ meeting minutes to the competent authority for approval and register with competent authority in charge of company registration to law:
1. Suspending.
2. Resuming business.
3. Dissolved.
An independent surveyor who ceases business shall, within fifteen days after the fact, file a report with the competent authority and surrender his or her practice license.
A surveyor company may suspend its business up to one year, and where there is legitimate reason, may apply for an extension of business suspension period once. The application for extension shall be made fifteen days before the allowed suspension period expires.
Where a surveyor company fails to apply for business resumption and employ a surveyor to serve as a signatory in accordance with Article 7 before the allowed suspension period expires, the competent authority will revoke its registration and cancel its practice license.
Where a surveyor company applies for business suspension, it shall surrender the practice licenses of surveyors employed by the company. Where a surveyor company applies for dissolution, it shall surrender the practice licenses of surveyors employed by the company as well as the company’s practice license.
Where a surveyor company has a situation set out in subparagraph 1 or 3 of paragraph 1 hereof but fails to surrender the practice licenses of surveyors employed by the company, the employed surveyors shall, within thirty days from business suspension or dissolution of the surveyor company, submit relevant documents for cancellation of registration through the surveyors association.
The directions for the operation mentioned in the preceding paragraph shall be drawn up by the surveyors association.
Article 18
Upon applying to the competent authority for the issuance of a practice license, an independent surveyor shall pay the fees set by the competent authority and submit the following documents:
1. An application form.
2. The proof of the deposit of bond and a duplicate of an insurance policy showing the purchase of professional liability insurance.
3. Certification showing membership in the surveyors association in accordance with Article 33.
Article 19
Upon applying to the competent authority for the issuance of a practice license, a surveyor company shall pay the fees set by the competent authority and submit the following documents:
1. An application form;
2. The proof of the deposit of bond and a duplicate of an insurance policy showing the purchase of professional liability insurance;
3. Company registration form and a list of directors, supervisors and general manager;
4. A written statement undertaking that its directors and supervisors are free of the situations set out any of the subparagraphs of paragraph 1, Article 6 and proofs submitted by its chairman, general manager and employed surveyors that they are free of the situations set out in subparagraphs 10 and 11 of paragraph 1, Article 6 herein;
5. Certification showing membership in the insurance surveyors association in accordance with Article 36 herein; and
6. Other documents as required by the competent authority.
Article 20
The practice license of independent surveyors and surveyors employed by a surveyor company is valid for a period of five years. A surveyor may not practice business unless he or she has completed the procedures for license renewal before the current practice license expires.
Upon applying for renewal of practice license, a surveyor shall pay the fees set by the competent authority and submit the following documents:
1. The original practice license.
2. Certification of on-the-job training recognized by the competent authority.
3. The proof of the deposit of bond and a duplicate of an insurance policy showing the purchase of professional liability insurance;
4. The consolidated income tax returns of the surveyor (listing sources of income) for the past three years, tax withholding statements accompanied by an affidavit, or other documents proving that he or she has actually practiced the business.
5. Written statement of the non-existence of the circumstances listed in paragraph 1 of Article 6.
6. Certification showing membership in the surveyors association in accordance with Article 33.
7. Other documents as required by the competent authority.
Article 21
The competent authority may not renew a practice license if the applying surveyor has any of the following circumstances:
1. Violate paragraph 2 of Article 165 of the Insurance Act.
2. Any of the circumstances listed in paragraph 1 of Article 6.
3. Violation of paragraph 2 or 4 of Article 7 herein.
4. Failure to apply for renewal of the practice license within the time limit specified in Article 20.
5. Failure to file business and financial statements in accordance with Article 32.
6. Failure to pay administrative fines, annual supervisory fees, examination fees, or other fees.
7. Other circumstances as provided by the competent authority.
Article 22
A surveyor who possesses the qualifications of both a general surveyor and a marine surveyor may concurrently obtain a practice license for both general surveyor and marine surveyor.
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