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the China Insurance Regulatory Commission Circular of the China Insurance Regulatory Commission on Printing and Distributing the Notice on the Provisional Measures for the Administration of Bond Investments of Insurance Institutional Investors Bao Jian Fa [2005] No. 72 All insurance companies and insurance asset management companies: With a view to strengthening the administration of bond investments, diversifying investment products, optimizing the asset structure, effectively spreading risks and enhancing the asset quality, this Commission has formulated the Provisional Measures for the Administration of Bond Investments of Insurance Institutional Investors (hereinafter referred to as the Measures) according to the requirements of insurance fund investments and the bond market. These Measures are hereby printed and distributed to you, and the relevant matters are notified as follows:
the China Insurance Regulatory Commission August 17, 2005 Provisional Measures for the Administration of Bond Investments of Insurance Institutional Investors Chapter I General Provisions Article 1 With a view to strengthening the administration of bond investments, diversifying investment products, optimizing the asset structure, effectively spreading risks and enhancing the asset quality, these Measures are formulated in accordance with the Insurance Law of the People's Republic of China and other relevant laws and regulations.
Article 2 The term "insurance institutional investors" (hereinafter referred to as insurance institutions) as mentioned in these Measures refers to those insurance companies and insurance asset management companies that are established and registered upon approval of the China Insurance Regulatory Commission (hereinafter referred to as the CIRC) and are engaged in bond investments. These Measures shall be applicable to insurance group companies and insurance holding companies that undertake the bond investments.
Article 3 The term "bonds" as mentioned in these Measures refers to the Renminbi bonds and foreign currency bonds which are issued within the territory of China by all kinds of issuers.
Article 4 An insurance institution can invest in bonds, which include the government bonds, financial bonds, enterprise (corporate) bonds and other bonds issued upon approval of the department concerned.
Article 5 An insurance institution shall, in accordance with the requirements of matching assets with liabilities and the supervisory standards of the CIRC, formulate the strategic plan of asset allocation and investment strategies, allocate bond assets on its own initiative, and assume risks and the responsibility for its profits and losses by itself.
Article 6 An insurance institution shall, in accordance with the relevant provisions of the CIRC, entrust a third party for the independent custody of bond assets.
Article 7 The CIRC shall be responsible for formulating policies and regulations on the administration of bond investments of insurance institutions, adjusting the varieties and proportion of bond investment and carrying out the administration of and supervision over investment activities.
Chapter II Government Bond Investments
Article 8 When investing in government bonds, an insurance institution may, according to the requirements of asset allocation and investment strategies, freely determine the proportions of total investment each investment and keep a certain proportion of government bonds.
Chapter III Financial Bond Investments
Article 9 The financial bonds as invested in by an insurance institution include the central bank bills, financial bonds of policy banks, subordinated bonds of policy banks, financial bonds of commercial banks, subordinated bonds of commercial banks, subordinated term debts of commercial banks, subordinated term debts of insurance companies and Renminbi bonds of international development institutions, etc..Section I Central Bank Bills
Article 10 When investing in the central bank bills, an insurance institution may, according to the needs of asset allocation as well as investment strategies, freely determine the proportions of total investment and each investment.Section II Financial Bonds and Subordinated Bonds of Policy Banks
Article 11 The financial bonds of policy banks invested in by an insurance institution shall be the financial bonds which, upon approval of the People's Bank of China, are issued by policy banks in the national inter-bank bond market in accordance with the Measures for the Administration of the Issuance of Financial Bonds in the National Inter-bank Bond Market (hereinafter referred to as the Measures for the Administration).The subordinated bonds of policy banks as invested in by an insurance institution shall be the subordinated bonds which, upon the qualification examination by the China Banking Regulatory Commission (hereinafter referred to as the CBRC) and the approval of the People's Bank of China, are issued by policy banks in the national inter-bank bond market in accordance with the Measures for the Administration of the Issuance of Subordinated Bonds of Commercial Banks (hereinafter referred to as the Measures for Subordinated Bonds),.
Article 12 The financial bonds and subordinated bonds of policy banks as invested in by an insurance institution may not be subject to credit rating.
Article 13 When investing in the financial bonds and subordinated bonds of policy banks, an insurance institution may, according to the requirements of asset allocation as well as investment strategies, freely determine the proportions of total investment and each investment.
Article 14 If an insurance institution invests in the financial bonds of policy banks issued towards particular investors or in the subordinated bonds issued privately, the conditions for issuers and the bond credit rating shall be fulfilled in accordance with Articles 11 and 12 of these Measures. The balance of investment in the above-mentioned bonds shall be reckoned in the balance of financial bonds and subordinated bonds of policy banks, and the proportions of total investment and each investment shall be governed by Article 13 of these Measures.Section III Financial Bonds and Subordinated Bonds of Commercial Banks
Article 15 In the case of the financial bonds and subordinated bonds of commercial banks invested in by an insurance institution, their issuer shall, in addition to complying with the Measures for the Administration, the Measures for Subordinated Bonds and other relevant provisions as set down by the People's Bank of China and the CBRC, satisfy the following conditions: (1) Its total assets are no less than RMB 200 billion Yuan; (2) Its core capital adequacy ratio is no less than 4 %; (3) It has been continuously profitable for last three years; (4) It is assessed by a domestic credit rating institution as the long-term credit rating of Class A or a level higher than Class A; (5) It is listed overseas and not subject to domestic credit rating, and is assessed as the long-term credit rating of Class BB or a level higher than Class BB by an international credit rating institution; (6) It has timely, sufficiently, accurately and completely disclosed relevant information, which at least includes the total assets, total liabilities, owners' equities, operating income, net profits, rate of return on average equity, ratio of non-performing loans, ratio of bad and doubtful debts, capital adequacy ratio and other indicators and data; and (7) Other conditions as prescribed by the CIRC.Where an issuer simultaneously has the domestic credit rating and international credit rating as mentioned in Items (4) and (5) of the preceding paragraph, the domestic credit rating shall prevail.
Article 16 If an insurance institution invests in the financial bonds and subordinated bonds of commercial banks, the issuer of the aforesaid bonds shall be assessed as the long-term credit rating of Class A or a level higher than Class A by a domestic credit rating institution.
Article 17 If an insurance institution invests in the financial bonds and subordinated bonds with guarantee, the credit standing of the guarantor may not be lower than the credit rating of the issuer.
Article 18 The financial bonds and subordinated bonds of commercial banks invested in by an insurance institution shall comply with the following provisions for the proportion: (1) The total balance of investments in the financial bonds and subordinated bonds of commercial banks may not exceed 30% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price; (2) The balances of investments in the financial bonds and subordinated bonds of a same commercial bank may not add up to over 10% of the total assets of the aforesaid insurance institution at the end of last quarter; (3) The portion of investments in a single type of financial bonds or subordinated bonds of commercial banks with the long-term credit rating of Class AA or a level higher than Class AA at a period may not exceed 20% of the amount of issuance of the aforesaid single type at the same period, and the balance thereof may not exceed 5% of the total assets of the aforesaid insurance institution at the end of last quarter; and (4) The portion of investments in a single type of financial bonds or subordinated bonds of commercial banks with the long-term credit rating of Class A or a level higher than Class A at a period may not exceed 10% of the amount of issuance of the aforesaid single type at the same period, and the balance thereof may not exceed 3% of the total assets of the aforesaid insurance institution at the end of last quarter.
Article 19 If an insurance institution invests in the financial bonds of commercial banks issued towards particular investors or in subordinated bonds issued privately, the conditions for issuers and the bond credit rating shall be governed by Articles 15, 16 and 17 of these Measures. The balance of investments in the above-mentioned bonds shall be reckoned in the balance of financial bonds and subordinated bonds of commercial banks, and the proportions of total investment each investment shall be governed by Article 18 of these Measures.Section IV Subordinated Term Debts of Commercial Banks
Article 20 The subordinated term debts of commercial banks as invested in by an insurance institution shall be the subordinated term debts which, upon approval of the CBRC, are issued by state-owned commercial banks or national joint stock commercial banks in accordance with the Circular on Including Subordinated Term Debts into the Attached Capital and the Measures for Subordinated Bonds.As for the subordinated term debts of commercial banks invested in by an insurance institution, their issuer and the subordinated term debts shall comply with Articles 15 and 16 of these Measures.
Article 21 The subordinated term debts of commercial banks as invested in by an insurance institution shall comply with the following provisions for the proportion: (1) The balance of investments in the subordinated term bonds of commercial banks may not exceed 8% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price; (2) The balance of investments in the subordinated term bonds of a same bank may not add up to over 5% of the total assets of the aforesaid insurance institution at the end of last quarter; and (3) The portion of investments in a single type of subordinated term bonds of commercial banks at a period may not exceed 10% of the amount of issuance of the aforesaid single type at the same period, and the balance may not exceed 3% of the total assets of the aforesaid insurance institution at the end of last quarter.
Article 22 The term of subordinated term debts of commercial banks as invested in by an insurance institution may not exceed six years.Section V Subordinated Term Debts of Insurance Companies
Article 23 The subordinated term debts of insurance companies as invested in by an insurance institution shall be the subordinated term debts which, upon approval of the CIRC, are raised from targeted sources by insurance companies in accordance with the Interim Measures for the Administration of Subordinated Term Debts of Insurance Companies.
Article 24 The subordinated term debts of insurance companies as invested in by an insurance institution shall comply with the following provisions for the proportion: (1) The balance of investments in the subordinated term bonds of insurance companies may not exceed 20% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price; (2) The balance of investments in the subordinated term bonds of a same insurance company may not add up to over 4% of the total assets of the aforesaid insurance institution at the end of last quarter; and (3) The portion of investment in the subordinated term bonds of insurance companies at a period may not exceed 20% of the issuance amount of subordinated term bonds of insurance companies at the same period, and the balance may not exceed 1% of the total assets of the aforesaid insurance institution at the end of last quarter.
Article 25 Where an insurance institution has any of the following relations with an insurance company that raises subordinated term debts from targeted sources, the insurance institution is not allowed to invest in the subordinated term debts raised by the insurance company from targeted sources: (1) The insurance institution is in the control of the insurance company; (2) The insurance institution controls the insurance company; or (3) Both the insurance institution and the insurance company are in the control of a same third party.Section VI Renminbi Bonds of International Development Institutions
Article 26 The Renminbi bonds of international development institutions invested in by an insurance institution shall be the Renminbi bonds which, upon the examination by the department concerned and the approval of the State Council, are issued by international development institutions in accordance with the Interim Measures for the Administration of the Issuance of Renminbi Bonds by International Development Institutions.
Article 27 When investing in Renminbi bonds of international development institutions, an insurance institution may, according to the requirements of asset allocation as well as investment strategies, freely determine the proportions of total investment and each investment.
Chapter IV Enterprise (Corporate) Bond Investments
Article 28 In case an insurance institution invests in short-term financing bonds or convertible corporate bonds, it shall be governed by the provisions on the enterprise (corporate) bond investments.Section I Enterprise (Corporate) Bonds
Article 29 In the case of the enterprise (corporate) bonds invested in by an insurance institution, their issuer shall, in addition to complying with the relevant provisions of the state, satisfy the following conditions: (1) Its net assets are not lower than RMB 2 billion Yuan at the end of last year; (2) It has been continuously profitable for the last three fiscal years; (3) It has provided the audited financial statements for last three fiscal years in a timely manner; (4) The balance of enterprise (corporate) bonds to be repaid may not exceed 40% of its net assets of the latest fiscal year; (5) The credit standing of the guarantor may not be lower than the credit rating of the issuer; (6) It provides the legal opinions on information disclosure issued by practicing lawyers in a timely manner; (7) The financial information, which includes the total assets, total liabilities, revenues of main businesses, assets-liabilities ratio, EBITDA/interests, quick ratio, rate of return on shareholders' equities, other indicators and data, is disclosed in a timely manner ; and (8) Other conditions as prescribed by the CIRC.
Article 30 The enterprise (corporate) bonds as invested in by an insurance institution shall be assessed as the long-term credit rating of Class AA or a level higher than Class AA by an international credit rating institution.
Article 31 The enterprise (corporate) bonds as invested in by an insurance institution shall comply with the following provisions for the proportion: (1) The balance of investments in the enterprise (corporate) bonds may not exceed 30% of the total assets of the insurance institution at the end of last quarter as calculated at the cost price; (2) The balance of investments in the enterprise (corporate) bonds of a same enterprise (corporate) may not add up to over 10% of the total assets of the insurance institution at the end of last quarter; (3) Where the guarantor meets any of the following conditions and provides the irrevocable guarantee, for which the guarantor shall bear joint and several liabilities, the portion of investments in a single type of enterprise (corporate) bonds made by the insurance institution at a period may not exceed 20% of the amount of issuance at the same period, and the balance thereof may not exceed 5% of the total assets of the insurance institution at the end of last quarter: a. A financial institution that is assessed as the credit rating of Class AA or a level higher than Class AA for the last year by a domestic credit rating institution; b. Special funds of the state such as the Railway Construction Fund or the Three-Gorges Dam Construction Fund, etc.; or c. A non-financial enterprise whose net assets are RMB20 billion Yuan or more at the end of last year. (4) Where the guarantor or the guarantee method does not comply with the conditions or provisions as listed in Item (3) of this Article, the portion of investments in a single type of enterprise (corporate) bonds made by the insurance institution at a period may not exceed 10% of the amount of issuance at the same period, and the balance thereof may not exceed 3% of the total assets of the aforesaid insurance institution at the end of last quarter.
Article 32 The provisions for insurance institutions to invest in the unsecured enterprise (corporate) bonds shall be separately formulated by the CIRC. Section II Convertible Corporate Bonds
Article 33 The convertible corporate bonds as invested in by an insurance institution shall, in addition to complying with the relevant provisions of the state, satisfy the following conditions: (1) The credit standing of the guarantor may not be lower than the credit rating of the issuer of bonds; and (2) The specific debt redemption plans and the contract of guarantee shall be provided.
Article 34 The convertible corporate bonds as invested in by an insurance institution shall comply with the following provisions for the proportion: (1) The total balance of the enterprise (corporate) bonds, which shall include the balance of investment in the convertible corporate bonds, may not exceed 30% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price; (2) The sum of the balance of investment in the convertible corporate bonds of a same enterprise (corporation), which shall be reckoned in the balance of the enterprise (corporate) bonds of the same enterprise (corporation), may not exceed 10% of the total assets of the aforesaid insurance institution at the end of last quarter. In particular, the balance of convertible corporate bonds may not exceed 5% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price; (3) Where the guarantor satisfies any of the following conditions, the portion of investment in a single type of convertible corporate bonds made by an insurance institution at a period may not exceed 20% of the amount of issuance at the same period, and the balance may not exceed 3% of the total assets of the aforesaid insurance institution at the end of last quarter; a. A financial institution that is assessed as the credit rating of Class AA or a level higher than Clas AA for the last year by a domestic credit rating institution; or b. An enterprise whose net assets are RMB20 million Yuan or more at the end of last year. (4) If the guarantor does not satisfies the conditions as listed in Item (3) of this Article, the portion of investment in a single type of convertible corporate bonds made by an insurance institution at a period may not exceed 10% of the amount of issuance at the same period, and the balance may not exceed 1% of the total assets of the aforesaid insurance institution at the end of last quarter.
Article 35 Where an insurance institution converts the convertible corporate bonds that it invests in into stocks, the Provisional Measures for the Administration of Stock Investments of Insurance Institutional Investors (hereinafter referred to as the Measures for Stock Investments) shall be applied to the conversion .Section III Short-term Financing Bonds
Article 36 The short-term financing bonds as invested in by an insurance institution shall be the short-term financing bonds which, after filing with the People's Bank of China for record, are issued in the national inter-bank bond market by non-financial enterprises according to the Measures for the Administration of Short-term Financing Bonds.
Article 37 In the case of the short-term financing bonds as invested in by an insurance institution, their issuer shall meet the following conditions as well as the conditions as prescribed in the Measures for the Administration of Short-term Financing Bond,: (1) Its net assets may not be lower than RMB 2 billion Yuan at the end of last year; (2) It has been continuously profitable for last two fiscal years; (3) The balance of short-term financing bonds to be redeemed may not exceed 40% of its net assets of the latest fiscal year; (4) It has timely disclosed the financial information, which at least includes the total assets, total liabilities, main business income, assets-liabilities ratio, EBITDA/interests, quick ratio, rate of return on shareholders' equities, other indicators and data; and (5) Other conditions as prescribed by the CIRC.
Article 38 The credit rating of short-term financing bonds as invested in by an insurance institution shall satisfy the following conditions: (1) Being assessed as the short-term credit rating of Class A-1 or a level higher than Class A-1 by a domestic credit rating institution; and (2) As for a listed company that is not subject to the credit rating under the Measures for the Administration of Short-term Financing Bonds, its credit rating and follow-up rating for recent three years shall satisfy either of the following conditions: a. Being assessed as the long-term credit rating of Class AA or a level higher than Class AA by a domestic credit rating institution; b. Being assessed as the long-term credit rating of Class BBB or a level higher than Class BBB by an international credit rating institution. Where an issuer simultaneously has the domestic credit rating and international credit rating, the domestic credit rating shall prevail.
Article 39 The short-term financing bonds as invested in by an insurance institution shall comply with the following provisions for the proportion: (1) The total of the balance of enterprise (corporate) bonds, which shall include the balance of investment in the short-term financing bonds, may not exceed 30% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price. In particular, the balance of short-term financing bonds may not exceed 10% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price; (2) The sum of the balance of investment in the short-term financing bonds of a same enterprise (corporation), which shall be reckoned in the balance of the bonds of the same enterprise (corporate), may not exceed 10% of the total assets of the aforesaid insurance institution at the end of last quarter as calculated at the cost price. In particular, the balance of short-term financing bonds may not exceed 3% of the total assets of the aforesaid insurance institution at the end of last quarter; and (3) The portion of investment in a single type of short-term financing bonds at a period may not exceed 10% of the amount of issuance at the same period, and the balance thereof may not exceed 3% of the total assets of the aforesaid insurance institution at the end of last quarter.
Chapter V Risk Control
Article 40 An insurance institution shall, in accordance with the requirements as stated in the Guidelines for Risk Control in the Utilization of Insurance Funds, establish a sound risk control system of bond investment, formulate scientific, rigorous and high-efficiency business operational procedures and report them to the CIRC for record.
Article 41 The custodian of bond assets as selected by an insurance institution shall be a commercial bank or any other professional financial institution that satisfies the conditions as prescribed in the Measures for Stock Investments.
Article 42 The relevant provisions as stated in the Guidelines for the Custody of Stock Assets of Insurance Companies (for Trial Implementation) shall be applied to the contents of the bond custody agreement entered into between an insurance institution and a custodian, the duties and obligations of the custodian as well as the supervision and administration of the custodian.
Article 43 An insurance institution should intensify the risk management of bond investment, properly arrange the term structure, allocation of bond types, credit distribution and liquidity requirements of bond portfolio, carry out follow-up administration of the capital quality, rate of return, risk nature, harms and occurrence of risks of bond investments. It shall regularly analyze and evaluate the policy risk, credit risk, market risk, liquidity risk and operational risk, and control the overall risks of bond investments within the endurable range.
Article 44 An insurance institution should establish an assessment system of credit risks of bond issuers and bonds, carry out continuous follow-up assessment of the credit standing of the bond issuer and bonds, on which decisions with regard to bond investments should be based.
Article 45 An insurance institution shall, according to the credit standing of the bond issuer, the risk degree of bonds and the supervisory standards of the CIRC, set the investment restrictions, and adjust the investment quota regularly or do so when the credit standing of the bond issuer is changed.
Article 46 If an insurance institution invests in various bonds (excluding government bonds, central bank bills, financial bonds of policy banks or subordinated bonds of policy banks) issued or guaranteed by a same issuer, the total of the balance of aforesaid various bonds may not exceed 20% of the total assets of the aforesaid insurance institution at the end of the previous quarter as calculated at the cost price.
Article 47 If an insurance institution establishes an investment account for investment-linked insurance products, the proportion of investment in the financial bonds and subordinated bonds of commercial banks and the enterprise (corporate) bonds may not exceed 100% of the total assets of the aforesaid account at the end of the last quarter.If an insurance institution establishes an investment account for universal life insurance products, the proportion of investment in the financial bonds and subordinated bonds of commercial banks and the enterprise (corporate) bonds may not exceed 80% of the total assets of the aforesaid account at the end of the last quarter.If an insurance institution establishes an independent account for other insurance products, the proportion of investment in the financial bonds and subordinated bonds of commercial banks and the enterprise (corporate) bonds may not exceed the proportion as stipulated in the insurance clause or go against the relevant provisions as prescribed by the CIRC.
Article 48 As for the bonds as invested in by an insurance institution, when the latest follow-up credit rating is downgraded, the insurance institution shall, in accordance with the relevant provisions as prescribed by the CIRC, work out the adjustment measures and adjust the above-mentioned bond investments to the prescribed proportion within the time limit.
Article 49 Where the issuer of the bonds as invested in by an insurance institution is under any of the following circumstances, the insurance institution shall stop investing in the bonds that are newly or already issued by the aforesaid issuer, and shall properly dispose of the bonds it holds: (1) The latest information shows that the issuer fails to satisfy the conditions as prescribed in these Measures; (2) The issuer cannot pay the principal or interest on schedule; (3) The issuer fails to comply with the relevant provisions to timely, sufficiently, accurately or completely disclose the relevant information; (4) The follow-up credit rating cannot be carried out for the issuer according to the provisions; or (5) The issuer fails to satisfy any other condition as prescribed by the CIRC.
Article 50 If an insurance institution carries out bond repurchase transactions, it shall effectively control the size of repurchase program and evade the liquidity risk.In case an insurance institution carries out the bond transactions or repurchase transactions at the seat of a securities institution, it shall check the balance of standard bonds and the conditions on the repurchase of undue bonds every day, and avoid the occupation and embezzlement of bonds and capital.When carrying out bond repurchase transactions in the inter-bank bond market, the insurance institution shall, according to the relevant provisions of the CIRC, determine the standards for selecting counterparty, and the financing amount of repurchase may not be higher than the fair market price of the aforesaid bonds under mortgage, so as to prevent credit risk, market risk and moral risk.
Article 51 Where an insurance institution entrusts several investment management institutions for bond investments, the consolidated balance of bond investments may not exceed the investment proportion as prescribed by the CIRC.
Article 52 If an insurance assets management company is entrusted to manage the bond assets of several insurance companies and other institutions, it shall, according to the asset collocation requirements of those insurance companies and other institutions, fairly and impartially manage the bond assets.The total investment proportion of self-owned funds and the funds under its custody of an insurance assets management company in the same investment channel and the investment proportion of a single investment target shall be calculated separately.
Article 53 If an insurance institution selects the seat of a securities institution for bond transactions, the aforesaid securities institution shall satisfy the conditions as provided for in the Measures for Stock Investments.
Article 54 The insurance institution shall conclude a brokerage agreement with the head office of the securities institution, the said agreement shall at least set out the obligations of the securities institution as provided for in the Measures for Stock Investments. Where the securities institution violates the relevant obligations and thus is required by the CIRC to change the securities institution, the insurance institution shall have the right to terminate the aforesaid agreement in advance.
Article 55 The capital allocation or fee payment between an insurance institution and a custodian of bond assets, or the fee payment between an insurance institution and a securities institution shall be carried out by way of account transfer.
Article 56 An insurance institution may not commit any of the following acts in conjunction with a securities institution or any other non-insurance institution: (1) Leasing or lending any kind of bond under its custody; (2) Entering into any entrusted bond investment agreement; (3) Illegally transferring profits in a direct way or in any other disguised form, or conducting profit transfer by any other means for seeking for improper interests; or (4) Any other act as prohibited by laws or administrative regulations or by the CIRC.
Chapter VI Supervision and Administration
Article 57 Where an securities institution rents any seat to an insurance institution, it shall provide evidentiary materials conforming to the requirements as prescribed in the Measures for Stock Investments, and a letter of commitment promising to perform its duties and responsibilities, to the CIRC, which shall conduct assessment and issue its review opinions in terms of assets size, corporate governance, internal control, credit standing, research capability and market position, etc..
Article 58 When establishing a securities account or renting a seat, the insurance institution shall submit to the CIRC an Application Form for Securities Accounts or an Application Form for Seats and go through the relevant formalities after obtaining a letter of confirmation issued by the supervisory department of fund management under the CIRC.
Article 59 An insurance institution shall report the following statements, reports or other matters to the CIRC according to the provisions: (1) Statements about the bond investments; (2) Explanations on the calculation methods of risk indicators and the usage thereof; (3) Duplicates of the bond custody agreement and the bond brokerage agreement concluded with the custodian and the securities institution respectively; and (4) Other matters that shall be reported as required by the CIRC.
Article 60 The CIRC may, regularly or irregularly, carry out inspections of the risk control systems, business operational procedures and credit risk assessment systems for bond investments of insurance institutions, or may employ public accounting firms or other intermediary institutions to inspect the bond investments of insurance institutions.
Article 61 The CIRC shall be responsible for the examination and approval of the credit rating institutions for the insurance institutions that may invest in bonds, and the relevant provisions thereof shall be formulated separately. Prior to the promulgation of new provisions, the provisions on the credit rating institutions of enterprise bonds as approved by the CIRC shall be applicable to the credit rating institutions as mentioned in these Measures.
Article 62 The relevant provisions for insurance institutions to invest in the asset-backed securities, financial bonds issued by non-bank financial institutions, short-term financing bonds issued by financial institutions and other financial products shall be separately formulated by the CIRC.
Article 63 The relevant provisions on the participation of insurance institutions in the bond forward transactions or other derivative product transactions shall be separately formulated by the CIRC.
Article 64 Where an insurance institution violates any of the laws, administrative regulations or these Measures when investing in bonds, the CIRC shall hold supervisory talks with or address inquiries to the senior managerial personnel concerned and main business operators; if the circumstances are serious, the CIRC shall give an administrative punishment to them.
Article 65 Where an insurance institution violates any of the laws, administrative regulations or these Measures when investing in bonds, the CIRC shall restrict the scope of its bond investments or suspend its bond investment qualification and give corresponding punishment to it pursuant to the relevant laws.
Chapter VII Supplementary Provisions
Article 66 Any branch established within the territory of China by a foreign insurance institution shall be administrated as a domestic insurance institutional legal person under these Measures.
Article 67 The power to interpret these Measures shall reside in the CIRC. In case any discrepancy between the provisions promulgated heretofore and these Measures, the latter shall prevail.
Article 68 These Measures shall go into effect as of the day of promulgation. |
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