CBIRC issued administrative measures on related party transactions of insurance companies. These measures shall come into force as of the date of promulgation. CBIRC also issued questions and answers (Q&As) on these administrative measures. These measures aim to regulate the related party transactions of insurance companies, prevent the risks of connected transactions, safeguard the independence of insurance companies, and the interests of insurance consumers. The measures have been formulated in accordance with the relevant provisions of the Company Law of the People's Republic of China and the Insurance Law of the People's Republic of China.
Under these measures, the related transactions of an insurance company are classified into significant related party transactions and general related party transactions. Significant related party transactions refer to transactions in which the single or annual cumulative transaction amount between the insurance company or its holding subsidiaries and a related party reaches more than CNY 30 million and accounts for more than 1% of the audited net assets of the insurance company at the end of the previous year. General related party transactions refer to related party transactions other than material related party transactions. The key points covered in the administrative measures include the following:
- To improve the related party recognized standards. The measures draw on the international and domestic accounting standards and the actual situation of the supervision of related transactions of insurance companies in China, and reasonably defines the criteria for the identification of related parties.
- To develop regulatory indicators. The measures will help to further improve the proportion of supervision of fund-use related transactions, establish a proportional cap, and control the overall risk of connected transactions.
- To improve internal control and accountability mechanisms. The insurance company is required to set up the Board of Directors' Related Party Transaction Control Committee and the Related Party Transaction Management Office, which will be responsible for the comprehensive and daily management of the connected transactions, optimize the management process, and improve the internal control mechanism.
- To strengthen information disclosure. The Board of Directors' Related Party Transaction Control Committee will coordinate the management of information disclosure to ensure the authenticity, accuracy, and completeness of the information. Insurance companies are required to disclose not only related party transactions in accordance with accounting standards in the annual report, but also to disclose the overall situation of connected transactions in the current year, in accordance with regulatory requirements.
- To strengthen the regulatory function. The measures set up a special section to clarify the related transaction management and supervision duties, requiring the insurance company shareholders, directors, supervisors, senior management personnel, and other related parties to truthfully disclose the relevant information of the relationship, without concealing information or providing false statements.
Related Links (in Chinese)
Effective Date: September 09, 2019
Keywords: Asia Pacific, China, Insurance, Reinsurance, Proportionality, Related Party Transactions, CBIRC
Previous ArticleAPRA Licenses Xinja Bank as Authorized Deposit-Taking Institution
EBA published a report analyzing the impact of the unwind mechanism of the liquidity coverage ratio (LCR) for a sample of European banks over a three-year period, from the end of 2016 to the first quarter of 2020.
In response to questions from a member of the European Parliament, the ECB President Christine Lagarde issued a letter clarifying the possibility of amending the AnaCredit Regulation and making targeted longer-term refinancing operations (TLTROs) dependent on the climate-related impact of bank loans.
IASB started the post-implementation review of the classification and measurement requirements in IFRS 9 on financial instruments and added the review as a project to its work plan.
FSB published a report that examines progress in implementing policy measures to enhance the resolvability of systemically important financial institutions.
EBA published a report on the benchmarking of national loan enforcement frameworks across 27 EU member states, in response to the call for advice from EC.
FSB published a letter from its Chair Randal K. Quarles, along with two reports exploring various aspects of the market turmoil resulting from the COVID-19 event.
RBNZ launched a consultation on the details for implementing the final Capital Review decisions announced in December 2019.
The Trustees of the IFRS Foundation, which are responsible for the governance and oversight of IASB, have announced the appointment of Dr. Andreas Barckow as the IASB Chair, effective July 2021.
HKMA issued a letter to consult the banking industry on a full set of proposed draft amendments to the Banking (Capital) Rules for implementing the Basel standard on capital requirements for banks’ equity investments in funds in Hong Kong.
ESRB published an opinion assessing the decision of Swedish Financial Supervisory Authority (FSA) to extend the application period of a stricter measure for residential mortgage lending, in accordance with Article 458 of the Capital Requirements Regulation (CRR).