| Regulatory Framework > Regulation
of Insurance Intermediaries |
|
A person intending to act as an insurance
broker shall either seek authorization from the Insurance
Authority ("IA") or apply to become a member of
a body of insurance brokers approved by the IA. An insurance
broker who is directly authorized by the IA or is a member
of an approved body of insurance brokers is subject to the
same statutory requirements.
For an insurance broker who is a member of
an approved body of insurance brokers, he is also subject
to the membership regulation of his own professional body
which is approved by the IA.
In order to be authorized as an insurance broker or be admitted
as a member of an approved body of insurance brokers, a person,
apart from being fit and proper to be an insurance broker,
has to satisfy the minimum requirements specified by the IA
with regard to:
- qualifications and experience;
- capital and net assets;
- professional indemnity insurance;
- keeping of separate client accounts; and
- keeping of proper books and accounts.
The detailed requirements are set out as
follows:
- Requirement on qualifications and experience
- An insurance broker or his Chief Executive is required
to have attained the age of 21; to be a Hong Kong Permanent
Resident or a Hong Kong Resident whose employment visa conditions,
if any, do not restrict him from being engaged in insurance
broking business and to have minimum education standard
of Form 5 or equivalent. He is additionally required to
have:
- an acceptable insurance qualification and a minimum
of 2 years' experience in the insurance industry occupying
a management position, and if he intends to be engaged
in the long term (including linked long term) insurance
broking business, passed the Investment-linked Long
Term Insurance paper of the Insurance Intermediaries
Qualifying Examination ("IIQE") recognized
by the IA, unless exempted ; or
- a minimum of 5 years' experience in the insurance
industry of which 2 years is at management position
and passed the relevant papers of the IIQE recognized
by the IA unless exempted.
- Requirement on capital and net assets
- An insurance broker shall maintain a minimum capital and
net assets value of not less than HK$100,000.
- Requirement for professional indemnity
insurance - An insurance broker is required to maintain
a professional indemnity insurance with a minimum limit
of indemnity for any one claim and in any one insurance
period of 12 months. The minimum limit of indemnity shall
be a sum equal to two times the aggregate insurance brokerage
income in the immediate preceding period of twelve months,
subject to a minimum of HK$3 million and a maximum of HK$75
million. Cover in excess of HK$75 million may of course
be arranged on a voluntary basis, if the insurance broker
so decides.
- Requirement to keep separate client accounts
- An insurance broker is required to keep client monies
in a designated client account separate from his own monies.
- Requirement to keep proper books
and records - An insurance broker is required to keep proper
books and accounts and other records as will sufficiently
explain the transactions and enable a proper audit to be
made.
Please click
here [PDF] to read the Minimum Requirements for Insurance
Brokers specified by the Insurance Authority.
The IA is required to maintain a register
of authorized insurance brokers as well as a register of approved
bodies of insurance brokers. The registers are open for public
inspection.
An approved body of insurance brokers is
required to maintain a register of its members which contains
information required by the IA in respect of each member for
public inspection.
An insurance broker authorized by the IA
is required to submit to the IA annual audited financial statements
together with an auditor's report certifying the insurance
broker's continued compliance with the minimum requirements.
An insurance broker who is a member of an approved body of
insurance brokers is required to submit to the body annually
audited financial statements with an auditor's report certifying
the member's continued compliance with the minimum requirements.
The approved body of insurance brokers is required to submit
annually to the IA an auditor's report on the continued compliance
with the minimum requirements by its members.
Some of the above materials are presented in PDF format. Please
download Adobe
Reader for viewing. Install the Asian
Font Pack if necessary.
|