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Chapter Law Content

Chapter 3 Setting up Branch Offices and Making Equity Investment in Mainland Area
Section 1 Representative Offices
Article 15
A Taiwan-area insurance enterprise that meets the following requirements may apply to the Competent Authority for approval to establish a representative office in Mainland Area:
1. The enterprise has shown sound operational performance and secure financial capacity in the three years prior to application; and
2. The enterprise has not been subject to sanction under the provisions of Article 149, paragraph 2 of the Insurance Act in the three years prior to application, or has been subject to sanction but specific remedial actions have been taken therefor and accepted by the Competent Authority.
Article 16
A Taiwan-area insurance agent company, insurance broker company, or insurance surveyor company that meets the following requirements may apply to the Competent Authority for approval to establish a representative office in Mainland Area:
1. The company has shown sound operational performance and secure financial capacity in the three years prior to application; and
2. The company has not been subject to sanction under the provisions of Article 167-2 of the Insurance Act in the three years prior to application, or has been subject to sanction but specific remedial actions have been taken therefor and accepted by the Competent Authority.
Article 17
A Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company intending to establish a representative office in Mainland Area shall submit the following documents or information to the Competent Authority to apply for approval:
1. An application form;
2. Minutes of the board resolution, or the consent of all directors in the absence of a board of directors;
3. Financial statements audited and certified by a certified public accountant (CPA) for the last three (3) years;
4. Name of the proposed representative; and
5. Such other information or documents as may be required by the Competent Authority.
The proposed representative of the insurance enterprise should have good moral character and professional leadership ability, and is free of the situations set forth in Article 3, paragraph 1, of the Amendments to Article 4, Article 5-1, and Article 9 of the Regulations Governing Required Qualifications for Responsible Persons of Insurance Enterprises.
Article 18
A representative office established in Mainland Area by a Taiwan-area insurance enterprise, insurance agent company, insurance broker company or insurance surveyor company may conduct the following types of business and should comply with the laws and regulations of Mainland Area:
1. Investigations of insurance-related market intelligence.
2. Collection of insurance-related information.
3. Other related liaison matters.
Article 19
A Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company must have obtained the approval of the Competent Authority before applying to [the insurance authority in] Mainland Area for the establishment of a representative office. When a Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company plans to replace its proposed representative, it shall submit relevant documents including a document verifying that the new representative meets the qualification requirements set forth in Article 17, paragraph 2 herein for approval.
A Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company shall promptly inform the Competent Authority after obtaining approval from the insurance authority in Mainland Area to establish a representative office. The preceding provisions shall apply when a Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company closes its representative office in Mainland Area.
A Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company shall submit the following documents to the Competent Authority for recordation prior to setting up the representative office:
1. An approval letter from the insurance authority in Mainland Area;
2. Planned date of establishment and detailed address [of the representative office]; and
3. Name of the proposed representative.
Article 20
A Taiwan-area insurance enterprise, insurance agent company, insurance broker company, or insurance surveyor company shall comply with the following provisions after it has established a representative office in Mainland Area:
1. If the representative office has a material contingent or fraud incident, the company shall handle and report it according to the provisions set forth by the Competent Authority;
2. The company shall input all relevant information on the representative office into an information reporting system designated by the Competent Authority and update the information when changes occur;
3. Before replacing its representative, the company shall report to the Competent Authority for approval and submit documents verifying that the newly appointed representative meets the qualification requirements set forth in Article 17, paragraph 2 herein to the Competent Authority for approval; and
4. Before changing the address of its representative office, the company shall report to the Competent Authority for recordation.