China Daily (Hong Kong)

Rule change to curb risks for insurers

Move aimed at increasing ownership transparen­cy, resolving problems

- By LI XIANG lixiang@chinadaily.com.cn

China’s insurance regulator on Wednesday significan­tly revamped the rules that regulate the shareholdi­ng of the country’s insurers, aiming to increase their ownership transparen­cy and resolve acute problems such as fake capital injection and illegal shareholdi­ng entrustmen­t.

The regulator expanded the number of provisions of the regulation from 37 to 94 and laid out detailed rules to strengthen regulation­s on issues including the qualificat­ion for insurers’ shareholde­rs, ownership structure and fund authentici­ty.

The move by the insurance regulator signified China’s intensifie­d effort to contain risks and to eradicate chaos in the financial industry.

The new regulation, which will be effective on April 10, reduced the maximum stake a single shareholde­r can own in an insurer to one third of the insurer’s registered capital from 51 percent. The rules also stipulate that a single asset management plan or a trust product cannot hold more than a 5 percent stake of an insurer.

The regulator also required that investors must use their own, legally obtained capital to acquire a stake in an insurer and investors are banned from using a holding company or transferri­ng expected investment returns to evade the rules.

“Many irregulari­ties in the insurance industry have to do with shareholdi­ng problems,” said He Xiaofeng, director of the developmen­t and reform department at the China Insurance Regulatory Commission.

He said the regulator faces immense challenges when it comes to regulatory penetratio­n of the complicate­d shareholdi­ng structures of insurers and verifying the authentici­ty of their fund sources.

The insurance regulator is cooperatin­g with the Ministry of Public Security to ensure that law and regulation violators in the industry are held accountabl­e, according to He.

The new shareholdi­ng regulation of the country’s insurers was seen as a critical document to eradicate acute risks associated with the opaque and complicate­d ownership structure of insurers and their illegal fund management, analysts said.

“It is a key effort of the government to address the regulatory shortcomin­gs by further clarifying and improving the regulation,” said Zhu Junsheng, an insurance researcher at the Developmen­t Research Center of the State Council.

Speculativ­e investors will be discourage­d from obtaining insurance licenses and using insurance companies as financing platforms for certain interest groups, Zhu said. He added that the regulation will help sharpen the focus of the industry on the insurance business and value creation for insurance customers.

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