Compliance System
II-4-1-1 Significance
It is important to fully recognize the public nature of the business of an insurance company, strictly comply with laws and regulations and business rules, and strive for sound and appropriate business operations in order to establish the trust of customers.
II-4-1-2 Main focus points
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(1) Do the representative director, directors, and board of directors regard compliance with laws and regulations as one of the most important management issues, and work on compliance with laws and regulations? (See “II-1 Business Management” section)
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(2) Has the board of directors established a basic policy and standards for compliance with laws and regulations?
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(3) Has a specific guidebook (compliance manual) been formulated to achieve compliance? In addition, are officers and employees and insurance solicitors thoroughly informed?
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(4) Whether a specific implementation plan (compliance program) for achieving compliance is formulated in a timely and reasonable manner.
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(5) Has a compliance control department been established as a system to centrally manage legal issues such as compliance? Also, is it functioning properly?
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(6) Are compliance officers appropriately assigned to each business division and business base?
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(7) Is the internal audit system for compliance sufficiently established?
II-4-1-3 Supervisory methods and responses
If it is recognized that there is a problem with the compliance system, a report will be requested based on Article 128 of the Law as necessary. shall be disposed of.
II-4-2 Insurance solicitation management system
Insurance companies and insurance solicitors need to establish an appropriate insurance solicitation management system so as not to harm the interests of policyholders, etc.
For this reason, it is required that the following measures, etc. are properly implemented, and that their appropriateness is verified after the fact through audits by the internal audit department and agency audits, etc., and improvements are made as necessary. .
II-4-2-1 Establishment of Appropriate Insurance Solicitation Management System
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(1) Significance of insurance solicitation
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Insurance solicitation stipulated in Article 2, Paragraph 26 of the Law shall mean the following a. From D. refers to the act of-
ah. soliciting the conclusion of insurance contracts;
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stomach. Explaining the details of insurance products for the purpose of soliciting the conclusion of insurance contracts
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hare. Receipt of application for insurance policy
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workman. Agent or intermediary for conclusion of other insurance contracts
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In addition, the above D. As to whether or not it falls under a., the following a. and b. It shall be judged comprehensively in light of the requirements of-
ah. Circumstances that make it possible to infer unity or continuity with the solicitation activities performed by insurance companies or insurance solicitors, such as when receiving remuneration from an insurance company or insurance solicitor, or when having a capital relationship with an insurance company or insurance solicitor. that there is
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stomach. It should recommend and explain specific insurance products.
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(2) Regarding “Recruitment-Related Acts”
In the process of insurance solicitation in a broad sense, from the discovery of prospective customers to the conclusion of a contract, actions that do not fall under insurance solicitation in light of (1) above (hereinafter referred to as “soliciting-related actions”) shall be immediately handled. No recruitment regulations apply.
However, if an insurance company or an insurance solicitor outsources solicitation-related activities to a third party or has them perform such solicitation-related activities based on a relationship For example, do you pay attention to the following points
to prevent inappropriate acts by “person engaged in related acts”) ?
In addition, in the event that an insurance sales representative outsources sales-related activities to a third party or has a third party perform such activities based on a relationship equivalent to such, the insurance company shall ensure that the insurance sales representative conducts appropriate Do you provide guidance on how to manage subcontractors, etc.?
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(Note 1) Solicitation-related acts include, for example, acts that only provide information on prospective customers to insurance companies or insurance agents without recommending or explaining insurance products, or acts that provide product information on comparison sites, etc. It is conceivable that the main purpose of the service is only to reprint information from the insurance company or the insurance solicitor.
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(Note 2) However, it should be noted that, for example, the following acts may fall under insurance solicitation.
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ah. An act of actively introducing only the products (groups) of a specific insurance company to prospective customers as a business and earning a reward from the insurance company or the insurance solicitor, etc.
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stomach. Acts of recommending and explaining specific insurance products by those who provide services whose main purpose is to provide product information on comparison sites, etc., in return for compensation from insurance companies or insurance agents.
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(Note 3) For example, if only the following acts are performed, in light of the above requirements, it is considered that they do not basically correspond to neither insurance solicitation nor solicitation-related acts.
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ah. Mere distribution of product information leaflets under the direction of an insurance company or insurance agent
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stomach. Explanation of reception of clerical communications and clerical procedures by call center operators
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hare. Explanation of general insurance product structures, usage methods, etc. at financial product briefings
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workman. Acts of posting advertisements of insurance companies or insurance solicitors
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(Note 4) It should be noted that, in principle, outsourcing of insurance sales operations by insurance sales representatives is not permitted, as this falls under subcontracting of insurance sales as provided for in Article 275, Paragraph 3 of the Act.
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Whether the solicitation-related activities engage in insurance solicitation activities or acts that lead to the evasion of solicitation regulations, such as the provision of special benefits.
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In a service mainly aimed at providing product information such as a comparison site operated by a solicitor-related act, when an insurance solicitor conducts solicitation activities, such as incorrect product explanations or inappropriate evaluations of specific products, Is there any action that may hinder the correct understanding of the product?
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Are the procedures for obtaining customer consent regarding the provision of personal information to third parties, etc., performed appropriately in accordance with the Act on the Protection of Personal Information, etc., among those engaged in solicitation-related activities?
Also, is the institution taking a cautious approach to setting fees to be paid to employees engaged in solicitation-related activities?
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(Note) For example, when an insurance salesperson receives a prospective customer introduction from a solicitation-related activity worker by paying a high referral fee or incentive fee, such a compensation system generally does not allow the solicitation-related activity It should be noted that it is thought that the probability of recommending and explaining specific insurance products that cannot be done is increased.
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(3) Recruitment, entrustment, registration, and notification of insurance solicitors
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When hiring insurance solicitors and entrusting them to insurance agents, is their eligibility screened?
Also, are the examination standards for the examination established?
When entrusting an insurance agency, we will check and examine the following points regarding the original business purpose, business content, etc., in addition to knowledge of laws and regulations related to insurance solicitation, knowledge of insurance contracts, and ability to perform insurance solicitation operations. are you there?
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ah. An internal control system and an insurance solicitation management system are in place to ensure the protection of policyholders, etc. and the fairness of insurance solicitation.
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stomach. The person must not be a person who is prohibited from soliciting insurance under laws and regulations.
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hare. In light of the original business purpose and business content, a person who is suitable for conducting insurance solicitation as a business.
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workman. In insurance agencies, it is necessary to keep in mind that officers or employees engaged in insurance sales must meet the following requirements.
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(a) Officers or employees engaged in insurance solicitation shall be those who conduct insurance solicitation after receiving appropriate education, management and guidance regarding insurance solicitation from insurance agents.
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(b) For employees, in addition to (a) above, the employee must be a person who works at an insurance agency’s office and conducts insurance solicitation under the direction, supervision and order of the insurance agency.
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(c) Officers or employees engaged in insurance solicitation as stipulated in Article 302 of the Law may not become officers or employees engaged in insurance solicitation at other insurance agencies or non-life insurance companies.
(Note) It should be noted that re-entrustment of insurance solicitation is prohibited except in the cases stipulated in Article 275, Paragraph 3 of the Act.
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A person who conducts insurance solicitation is a specified insurance solicitor stipulated in Article 276 of the Act (meaning a person other than a “small amount short-term insurance solicitor” among the “specified insurance solicitors” prescribed in Article 276 of the Act. Below) Same as above.) and if you are an officer or employee of a non-life insurance agency, have you submitted the notification prescribed in Article 302 of the Act?
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Does the life insurance company take measures to eliminate acts that circumvent laws and regulations, etc., such as outsourcing insurance agents without registration to corporations, etc.?
For example, is there any money payment or other convenience provided in the name of an introduction fee or the like that has no consideration for a corporation, etc., by entrusting it to an introduction agency?
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(4) Education, management, and guidance for specified insurance sales representatives, etc. (meaning specified insurance sales representatives and employees who exclusively engage in insurance sales for non-life insurance companies; the same applies to II-4-2-1(4))
In insurance companies, compliance with laws and regulations related to insurance sales, knowledge of insurance contracts, maintenance of internal administrative management systems (including proper management of customer information), etc. are stipulated in internal rules, etc. Is appropriate education, management, and guidance provided, such as taking measures to develop and improve the quality of personnel?
Are employees who exclusively engage in insurance solicitation for non-life insurance companies provided with appropriate education, management, and guidance regarding insurance solicitation?
