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ARTICLE · 10 JUNE 2019

CBIRC Issues Determination Re Governance Failures

In May 2019, China's Banking & Insurance Regulatory Commission (CBIRC) published two formal determinations (Determinations) via its official website.

ChinaInsurance

In May 2019, China's Banking & Insurance Regulatory Commission (CBIRC) published two formal determinations (Determinations) via its official website. These Determinations demanded that, in respect of certain breaches and within a specified timeframe, two, named, breaching insurance companies (Insurers) (i) undertake certain 'rectification' measures; and (ii) hold individual employees accountable. Key elements of the Determinations are:

  1. In respect of the Insurers' shareholders (Shareholders), (i) changes to the Shareholders register were neither filed with, nor approved by, relevant regulators; (ii) freezing orders that had been directed at certain Shareholders' holdings had not been notified to the Insurers; and (iii) no record had been made in the Shareholders register in respect of certain Shareholders' share pledges.

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