第一條 本規則依保險法(以下簡稱本法)第一百七十七條規定訂定之。
Article1 These regulations are adopted pursuant to the provisions of Article 177 of the Insurance Act ("the Act").
第二條 本規則所稱保險業務員(以下簡稱業務員),係指本法第八條之一規定之保險業務員。
Article 2 The term "insurance solicitor" ("solicitor") as used in these regulations means an insurance solicitor as defined in Article 8-1 of the Act.
第三條 業務員非依本規則辦理登錄,領得登錄證,不得為其所屬保險業、保險代理人公司。
Article 3 A solicitor who has not registered and obtained a registration certificate in accordance with these regulations shall not solicit insurance for the insurance enterprise, insurance agency, or insurance brokerage with which the solicitor is affiliated ("company of affiliation").
保險經紀人公司(以下簡稱所屬公司)招攬保險。
Article 3 A solicitor who has not registered and obtained a registration certificate in accordance with these regulations shall not solicit insurance for the insurance enterprise, insurance agency, or insurance brokerage with which the solicitor is affiliated ("company of affiliation").
前項登錄業務由財政部指定之公會辦理之。
The registration referred to in the preceding paragraph is to be handled by an industry association designated by the Ministry of Finance ("MOF").
第四條 業務員得招攬之保險種類,由其所屬公司定之。
Article 4 The types of insurance that a solicitor may solicit are determined by the company of affiliation, provided that this requirement shall not apply to insurance that a solicitor may solicit only after passing a special examination as prescribed by the MOF.
但經財政部規定應通過特別測驗始得招攬之保險,不在此限。
Article 4 The types of insurance that a solicitor may solicit are determined by the company of affiliation, provided that this requirement shall not apply to insurance that a solicitor may solicit only after passing a special examination as prescribed by the MOF.
前項特別測驗由財政部委託財團法人保險事業發展中心或其他經財政部認可之保險相關機構舉辦之。
The special examination referred to in the preceding article shall be held on behalf of the MOF by the Insurance Institute of the Republic of China, or on behalf of the MOF by another MOF-opproved insurance-related organization.
第五條 年滿二十歲,具有國中以上學校畢業或同等學歷者,應經由所屬公司向財政部指定之各有關公會報名,參加其舉辦之業務員資格測驗。
Article 5 Persons of 20 years of age or older who have graduated from a public junior high school or who possess equivalent academic qualifications shall, acting through their company of affiliation, sign up with the appropriate MOF-designated industry association to take a qualification examination for solicitors held by the industry association in question.
參加前項測驗報名前,應通過所屬公司依第十二條所辦理之一定課程之基本教育訓練,並於報名時檢附通過該訓練之證明文件。
Before signing up to take the examination referred to in the preceding article, a prospective solicitor shall undergo basic education and training of a fixed curriculum that the company of affiliation provides pursuant to Article 12, and when signing up shall enclose documents evidencing that he or she has undergone said training.
業務員資格測驗要點,由各有關公會訂定報財政部核備。
Regulations governing solicitor qualification examinations shall be adopted by the appropriate industry association and reported to the MOF for review and recordation.
第六條 參加業務員資格測驗合格者,得填妥登錄申請書,由所屬公司為其向各有關公會辦理登錄。
Article 6 Persons who take and pass a solicitor qualification examination may complete a registration application, to be submitted on their behalf by their company of affiliation to the appropriate industry association for registration.
各有關公會應將登錄申請書格式及登錄程序報財政部備查。
Each industry association shall report its registration application format and registration procedure to the MOF for recordation.
已領有保險代理人、保險經紀人執業證書者,得向財政部繳銷執業證書後,檢附繳銷執業證書證明,由其所屬公司為其辦理登錄。
Persons who already hold an insurance agent or insurance broker practice license may, after surrendering the practice license to the MOF, submit a Certificate of Practice License Surrender and have their company of affiliation handle registration on their behalf.
各有關公會對於業務員之登錄,應定期將登錄情形彙總轉報財政部備查。
Each relevant industry association shall periodically compile information on the registration of solicitors and submit the information to the MOF for recordation.
第七條申請登錄之業務員有下列情事之一者,各有關公會應不予登錄;已登錄者,應予撤銷:
Article 7 When any of the following circumstances apply to a solicitor applying for registration, an industry association shall not grant registration, and it shall revoke the registration of any solicitor who is already registered:
一、限制行為能力者。
1.
The solicitor has limited legal capacity.
二、申請登錄之文件有虛偽之記載者。
2.
The solicitor has included a false statement in a registration application document.
三、動員戡亂時期終止後曾犯內亂、外患罪,經判刑確定者或通緝有案尚未結案者。
3.
The solicitor has, after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, been convicted and sentenced in a final and unappealable judgment for rebellion or treason, or is the subject of an arrest warrant for a case that remains pending.
四、曾犯偽造文書、侵占、詐欺、背信罪,經宣告有期徒刑以上之刑確定,執行完畢、緩刑期滿或赦免後尚未逾三年者。
4.
The solicitor has received a final and unappealable sentence to a punishment of not less than imprisonment for counterfeiting of documents, embezzlement, fraud, or breach of trust, and three years have not yet passed since completion of the imprisonment, completion of probation, or the granting of a pardon.
五、違反本法、銀行法、證券交易法或管理外匯條例,受刑之宣告確定,執行完畢、緩刑期滿或赦免後尚未逾三年者。
5.
The solicitor has violated the Act, the Banking Act, the Securities and Exchange Act, or the Act for Regulation of Foreign Exchange, has received a final and unappealable sentence, and three years have not yet passed since completion of the sentence, completion of probation, or the granting of a pardon.
六、受破產之宣告,尚未復權者。
6.
The solicitor has been declared bankrupt and has not yet had his or her rights reinstated.
七、有重大喪失債信情事尚未了結或了結後尚未逾三年者。
7.
The solicitor has experienced a major loss of creditworthiness and the problem remains unresolved, or three years have not yet passed since resolution.
八、依第二十條規定在受停止招攬行為期限內或受撤銷業務員登錄處分尚未逾三年者。
8.
The solicitor is currently under an order to suspend soliciting activity issued pursuant to the provisions of Article 20, or his/her solicitor′s registration was revoked under these same provisions and three years have not yet passed.