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Chapter Law Content

Title: Regulations Governing Insurance Agents CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 3 Registration of Business Practice and Obtaining of Practice License
Article 7
A person possessing an agent qualification as set out in these Regulations and free of the situations provided in any subparagraph of paragraph 3 of the preceding article and subparagraph 27 of Article 49, after obtaining a practice license, practice business independently or as an employee of an agent company.
An agent company and a bank shall employ at least one agent to serve as a signatory, and carry out registration of permission with the competent authority. The agent company and bank 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 agent company or bank to employ additional agents to serve as signatories.
After completing the registration of permission set out in the preceding paragraph, it shall duly carry out registration with the competent authority in charge of company registration or bank.
An independent agent and an agent employed by an agent company or a bank can’t serve as a signatory for any other insurance broker company, agent company, insurance surveyor company or bank concurrently.
Article 8
An independent agent 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-job training, obtained within the last year and recognized by the competent authority; for an agent whose certification of pre-job training was obtained one year or earlier, the already obtained certification of pre-job training along with certification of at least 18 hours of on-the-job training within the last year; where registration of permission is based on the qualifications set out in subparagraph 3, paragraph 1 of Article 5 herein, certification of at least 18 hours of on-the-job training within the past 1 year before submission of the application. For agents who submit certification of at least 18 hours of on-the-job training within the past 1 year, the courses on laws and regulations taken shall not be less than 8 hours and the courses on fair treatment of customers aged 65 and above shall not be less than 2 hours.
4. Proof of identity.
5. A business plan.
6. A written statement undertaking the absence of situations provided in paragraph 3 of Article 6 and subparagraph 27 of Article 49.
7. Other documents as required by the competent authority.
The business plan in subparagraph 5 of the preceding paragraph shall contain at least the following information:
1. Business philosophy;
2. Scope of business;
3. Business development plan;
4. Business solicitation system and procedures;
5. Financial projections for the next three years;
6. Description of work place and equipment; and
7. Other information as required by the competent authority.
Where the information stated in the documents referred to in paragraph 1 hereof is incomplete or insufficient, the application will be rejected; if the situation may be remedied, the applicant shall take remedial actions within the time limit set by the competent authority, or else the application will be rejected.
After an independent agent has obtained a permit, the competent authority may void the permit if false information is discovered in any of the documents under paragraph 1 hereof submitted by the applicant.
Article 9
An agent company shall operate its business as a specialized operation and include the wording “Insurance Agent” in the name of the company.
An agent 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 agents employed or certification showing that agents 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 last year and recognized by the competent authority;
(2) For an agent whose certification of pre-job training was obtained one year or earlier, the already obtained certification of pre-job training and the certification of at least 18 hours of on-the-job training within the past 1 year before submission of the application. For agents who submit certification of at least 18 hours of on-the-job training within the past 1 year, the courses on laws and regulations taken shall not be less than 8 hours and the courses on fair treatment of customers aged 65 and above shall not be less than 2 hours.
(3) For an agent whose registration of permission is based on the qualifications set out in subparagraph 3, paragraph 1 of Article 5 herein, the certification of at least 18 hours of on-the-job training within the past 1 year, including no less than 8 hours of the courses on laws and no less than 2 hours of the courses on fair treatment of customers aged 65 and above.
3. Proof of identity for agents employed.
4. A written statement by the designated chairman, director externally representing an agent company organized as a limited company, general manager and agents employed that they are free of the situations in subparagraphs 1 through 9 and subparagraphs 12 through 17 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, director externally representing an agent company organized as a limited company, and general manager.
10. Other documents as required by the competent authority.
The business plan in subparagraph 5 of the preceding paragraph shall contain at least the following information:
1. Company philosophy;
2. Scope of business;
3. Business development plan;
4. Organizational Structure and job duties.
5. Business solicitation system and procedures;
6. Financial projections for the next three years;
7. Description of work place and equipment; and
8. Other information as required by the competent authority.
Where any of the promoters or shareholders referred to in subparagraph 6 of the second paragraph is a foreign insurance agency institution, the documents set out in subparagraphs 2 through 4, subparagraphs 11 and 12, paragraph 1 of Article 55 shall also be submitted.
Where the information stated in the documents referred to in paragraph 2 hereof is incomplete or insufficient, the application will be rejected; if the situation may be remedied, the applicant shall take remedial actions within the time limit set by the competent authority, or else the application will be rejected.
After an agent company has obtained a permit, the competent authority may void the permit if false information is discovered in any of the documents under paragraph 1 hereof submitted by the applicant.
Article 10
A bank that applies for approval to operate concurrently insurance agent business or to increase the types of business shall comply with the provisions of the following subparagraphs:
1. The ratio of regulatory capital to risk-weighted assets within the past year meets the requirement set out in Article 5 of the Ratio of Regulatory Capital to Risk-weighted Assets Regulations Governing the Capital Adequacy and Capital Category of Banks;
2. Having not been imposed disciplinary action by the competent authority pursuant to subparagraphs 1 ~ 5, paragraph 1, Article 61-1, or paragraph 1, Article 62 of the Banking Act, or paragraph 1, Article 164, or Articles 167-2 ~ 167-4 of the Insurance Act within the past half year; or if there has been any violation, having made concrete improvements recognized by the competent authority; and
3. Not having any material deficiency or irregularity in the implementation of internal controls within the past year; or having made concrete improvements recognized by the competent authority.
If the period from the date of the internet-only bank commencing its business operation to its application date for approval to operate concurrently insurance agent business or to increase the types of business is less than the period set forth in the subparagraphs of preceding paragraph, the foregoing period is calculated as the actual period of business operation of such a bank.
Article 11
A bank apply to operate insurance agent business or increase of the type of business shall submit the following documents to the competent authority for registration of permission:
1. An application form.
2. A photocopy of its business license.
3. Articles of incorporation or equivalent documentation.
4. The minutes of the directors or trustees meetings.
5. The list of directors (council members) and supervisors.
6. A photocopy of the valid practice license of agents employed or certification showing that agents 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 last year and recognized by the competent authority;
(2) For an agent whose certification of pre-job training was obtained one year or earlier, the already obtained certification of pre-job training and the certification of at least 18 hours of on-the-job training within the past 1 year before submission of the application. For agents who submit certification of at least 18 hours of on-the-job training within the past 1 year, the courses on laws and regulations taken shall not be less than 8 hours and the courses on fair treatment of customers aged 65 and above shall not be less than 2 hours.
(3) For an agent whose registration of permission is based on the qualifications set out in subparagraph 3, paragraph 1 of Article 5 herein, the certification of at least 18 hours of on-the-job training within the past 1 year, including no less than 8 hours of the courses on laws and no less than 2 hours of the courses on fair treatment of customers aged 65 and above.
7. Proof of identity for agents employed.
8. A written statement by designated department head, department deputy head and agents employed that they are free of the situations in subparagraphs 1 through 9 and subparagraphs 12 through 17, paragraph 1 of Article 6 herein.
9. A business plan.
10. Documentary proof evidencing allocation of operating capital.
11. Documents evidencing the qualifications of the designated department head, department deputy head.
12. Other documents as required by the competent authority.
The business plan in subparagraph 9 of the preceding paragraph shall contain at least the following information:
1. Company philosophy;
2. Scope of business;
3. Business development plan;
4. Organizational Structure and job duties.
5. Business solicitation system and procedures;
6. Financial projections for the next three years;
7. Description of work place and equipment; and
8. Other information as required by the competent authority.
Where the information stated in the documents referred to in paragraph 1 hereof is incomplete or insufficient, the application will be rejected; if the situation may be remedied, the applicant shall take remedial actions within the time limit set by the competent authority, or else the application will be rejected.
After a bank has obtained a permit, the competent authority may void the permit if false information is discovered in any of the documents under paragraph 1 hereof submitted by the applicant.
Article 12
An agent 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 agent companies or insurance broker companies as well as the director externally representing other agent companies or insurance broker companies organized as limited companies.
The general manager of an agent 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 has served for no less than five years of experience in the position of manager or higher or in an equivalent position of an insurance company, insurance cooperative, insurance broker company, insurance agent company, insurance surveyor company, or in the position of deputy head of a bank’s separate department operating insurance broker or agent business and has performed with excellence in such position;
2. Has served for no less than five years as a signatory for an insurance agent or broker; or
3. Has other academic or employment experience sufficient to show that he/she has professional insurance expertise, or experience in managing an insurance business, and is capable of operating an insurance agent business soundly and efficiently.
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 13
The chairman of an agent company, director externally representing an agent company organized as a limited 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 served for no less than three years of experience in the position of assistant manager or higher or in an equivalent position on an insurance company, insurance cooperative, insurance broker company, insurance agent company, insurance surveyor company, or in the position of deputy head of a bank’s separate department operating insurance broker or agent business and has performed with excellence in such position.
2. Has served for no less than two years as a signatory for an insurance agent or broker.
3. Has other academic or employment experience sufficient to show that he/she has professional insurance expertise, or experience in managing an insurance business, and is capable of operating an insurance agent business soundly and efficiently.
Article 14
An agent company shall submit a written statement by the new chairperson, general manager or director externally representing an agent company organized as a limited company undertaking that who 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, within 15 days after he/she is elected as the chairperson or appointed as the general manager to the competent authority for approval; where the qualifications of the chairperson or general manager are not approved by the competent authority, the competent authority may order the insurance broker company to make changes within a prescribed period of time; The same shall apply if factual evidence shows that an individual does not possess the required qualifications specified in preceding two paragraphs after taking office.
Where an agent company has question over whether its chairperson or general manager to be elected or appointed, or an agent company organized as a limited company has question over whether the director to be elected to externally represent it meets the qualification requirements set forth in subparagraph 3 of preceding Article or Article 12, paragraph 3, subparagraph 3 herein, the agent company may submit the qualification information for approval by the competent authority before the election or appointment.
Where there is a change of director, supervisor, or managers of branch office, an agent company shall submit a written statement by the new appointee undertaking that who 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 agents association for recordation within fifteen days after the change.
An agent company shall report changes to place of business or paid-in capital to the agents association for recordation within fifteen days after registration of the change (with the appropriate authority); the preceding paragraph applies when an independent agent or a bank changes his or her place of business.
The directions for the relevant operations set out in the paragraph 1 and the preceding two paragraphs shall be drawn up by the agents association, and submitted to the competent authority for recordation; the preceding provision shall apply to any amendment to those directions.
Article 15
When an agent employed by an agent company and a bank ceases to serve as a signatory for the company, the agent company and bank shall, within fifteen days after the employed agent departs, report to the competent authority and surrender the practice license of the departed agent, and report same to the agents association for recordation.
When an agent company and a bank employs an additional agent or changes an agent, and such new agent already has a practice license, the agent company and bank shall report to the agents association for recordation within seven days after employing the additional agent or changing the agent.
The agents association shall draw up directions for the procedures under the preceding two paragraphs.
Article 16
For the agent company applying for operating insurance agent business after Regulations are amended and in force on June 24, 2014 and before Regulations are amended and in force on March 3, 2021, the agent company applying to operate insurance agency business shall have minimum paid-in capital of NT$5 million. to operate insurance agent business
An agent company already being granted practice license before the amended Regulations are in force on June 24, 2014 shall adjust its capital in accordance with the requirement set out in the preceding paragraph before June 24, 2019.
For the agent company applying for operating insurance agent business after Regulations are amended and in force on March 3, 2021, the agent company shall have minimum paid-in capital of NT$10 million.
For the agent company already being granted practice license before the amended Regulations are in force on March 3, 2021, the agent company shall adjust its capital in accordance with the requirement set out in the preceding paragraph within six months from date following the settlement date of shares or the transfer date of capital contribution if its accumulated shareholdings or capital contributions transferred is no less than fifty percent of the total outstanding shares or paid-in capital. However, the above requirement is not applicable to the case where the transfer of shares or capital contributions is due to the death of the shareholder or investor and undertaken by his/her successors.
The capital contributions of promoters and shareholders shall be limited to cash.
Article 17
A bank shall allocate at least NT$50 million as operating capital. The operating capital shall be used exclusively for the insurance agent business and may not be used for other purposes.
A bank already being granted practice license to engage in agent business before the amended Regulations are in force on March 3, 2021 shall adjust its capital to become compliant as set forth in preceding paragraph within one year from the date the amended Regulations enter into force.
Article 18
Upon applying to the competent authority for the issuance of a practice license, an independent agent 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 agents association in accordance with Article 45 herein.
4. Other documents as required by the competent authority.
Article 19
Upon applying to the competent authority for the issuance of a practice license, an agent 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 by directors and supervisors undertaking that they are free of the situations set out any of the subparagraphs of paragraph 1, Article 6 and proofs submitted by its chairman and general manager as well as the director externally representing an agent company organized as a limited company that they are free of the situations set out in subparagraphs 10 and 11 of paragraph 1, Article 6 herein, and employed agents are free of the situation set out in subparagraph 27, Article 49 herein;
5. Certification showing membership in the agents association in accordance with Article 45 herein; and
6. Other documents as required by the competent authority.
Article 20
Upon applying to the competent authority for the issuance of a practice license to operate insurance agent business, a bank 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. A list of the department head, department deputy head.
4. A written statement by department head and department deputy head undertaking that they are free of the situations set out any of the subparagraphs of paragraph 1, Article 6 and proofs submitted by employed agents are free of the situation set out in subparagraph 27, Article 49 herein;
5. Certification showing membership in the insurance agent association in accordance with Article 45 herein; and
6. Other documents as required by the competent authority.
Article 21
A bank that applies to the competent authority for registration to operate insurance agent business shall establish a separate department for such operations with independent operations, and accounting.
Paragraphs 1 of Article 6, paragraphs 1 ~ 3 of Article 12, paragraph 1 and 2 of Article 14 and Article 60 herein shall apply mutatis mutandis to the head of department described in the preceding paragraph; and paragraphs 1 of Article 6, Article 13 and Article 60 herein shall apply mutatis mutandis to the deputy head of department.
Article 22
An agent who possesses the qualifications of both non-life insurance agent and personal insurance agent may only choose to apply for one practice license for either non-life insurance agent or personal insurance, unless it is otherwise approved by the competent authority.
Article 23
Independent agents, agent companies and banks shall apply to the competent authority for issuance of a practice license and commence practicing or operating business within six months of the date of registration of permission. If the agent has not yet applied or has not yet commenced practice or operation at the end of this period, the competent authority will revoke its registration.
Article 24
The practice license of independent agents and agents employed by an agent company and a bank is valid for a period of five years. An agent 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, an agent 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. Proof of 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 agent (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. A written statement by applicant undertaking that who is free of the situations set out of the paragraph 3 , Article 6 and subparagraph 27, Article 49 herein.
6. Certification showing membership in the agents association in accordance with Article 45.
7. Other documents as required by the competent authority.
Article 25
The competent authority may not renew a practice license if the applying agent 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 3 of Article 6 or subparagraph 26, Article 49 herein.
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 paragraph 1 of preceding article.
5. Failure to file business and financial statements in accordance with Article 43.
6. Other circumstances as provided by the competent authority.
Article 26
An independent agent who ceases business shall, within fifteen days after the fact, file a report with the competent authority and surrender his or her practice license.
Article 27
An agent 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 agent 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 an agent company fails to apply for business resumption and employ an agent to serve as a signatory in accordance with Article 7 before the allowed suspension period expires, the competent authority will revoke its permission and cancel its practice license.
Where an agent company applies for business suspension, it shall surrender the practice licenses of agents employed by the company. Where an agent company applies for dissolution, it shall surrender the practice licenses of agents employed by the company as well as the company’s practice license.
Where an agent company has a situation set out in subparagraph 1 or 3 of paragraph 1 hereof or cancel its practice license by the competent authority but fails to surrender the practice licenses of agents employed by the company, the employed agents shall, within thirty days from business suspension or dissolution of the agent company or cancel its practice license by the competent authority, submit relevant documents to competent authority for cancellation of registration through the agents association.
Article 28
A bank that applies to suspend or terminate its insurance agent business in part or in whole shall describe reasons therefor and submit an application form and the minutes of its board of directors’ meeting to the competent authority for approval.
A bank that applies to suspend its insurance agent business shall surrender the practice licenses of agents employed by it. A bank that applies to terminate its insurance agent business shall surrender the practice licenses of agents employed by it and its practice license for operating concurrently insurance agent business.
A bank that has been approved by the competent authority to suspend or terminate its insurance agent business in part or in whole, or has its business permit revoked or voided and its practice license for operating concurrently insurance agent business cancelled but fails to surrender the practice licenses of agents employed by it, the employed agents should, within thirty days from the date the competent authority approves the bank to suspend or terminate its insurance agent business in part or in whole, or from the date the competent authority cancels the bank’s practice license for operating concurrently insurance agent business, submit relevant documents for registration cancellation through the agent association.
The directions for the operation of cancellation registration mentioned in the paragraph 5 of preceding article and preceding paragraph shall be drawn up by the agents association.
Article 29
An independent agent may apply for return of the bond after who has ceased practice and its practice license has been surrendered and cancelled, or after its business permit has been voided or revoked by the competent authority.
The bond deposited by an agent 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,
The bond deposited by a bank will be returned upon duly made application after the bank has terminated its insurance agent business with approval of the competent authority and surrendered its practice license, or after its business permit has been revoked or voided by the competent authority.