Firstly, if an entity operates and develops an insurance business, including sales, underwriting, settlement of claims, surrender, complaints handling, and customer services, such entity shall obtain an insurance license issued by NFRA. Depending on the type of the insurance business, the entity shall obtain different insurance licenses with different fund requirements. For instance, the minimum paid-in registered capital of an insurance company shall be RMB200 million (equivalent to approximately USD27.7 million or EUR25.8 million), subject to specific business scope. The paid-in registered capital of a nationwide insurance agency/brokerage company shall be at least RMB50 million (equivalent to approximately USD6.92 million or EUR6.44 million). Upon obtaining the license, the entity shall further comply with a series of detailed requirements to carry out the internet insurance business, including but not limited to, the construction of the internet infrastructure (e.g. implement the multi-level protection system for cybersecurity and obtain corresponding certificate) and the insurance products design (e.g. design special products for online distribution) etc.
Secondly, if an entity will not engage in the above-mentioned insurance business, such entity is allowed to provide auxiliary services of Internet technical support for insurance consumers and insurance institutions. It should be noted that such InsurTech-services providers are usually technology companies undertaking the business in terms of big data, blockchain, software, artificial intelligence, cloud computing etc. Accordingly, tech companies need to apply for licenses or qualifications for business related to software and other technology required by specific market regulatory department. On the other hand, such entities are strictly prohibited from providing any insurance sales service, especially, comparing prices of different insurance products. In practice, making profits from providing consultation to insurance customers – e.g. assisting in insurance application, making insurance plans, will be deemed as providing insurance sales services rather than auxiliary services by NFRA. For example, the leading insurance technology company, Hangzhou Fansheng Technology, was imposed by CBIRC (already replaced by NFRA) in 2020 with a fine of RMB0.98 million (equivalent to approximately USD154 thousand or EUR139 thousand) for providing insurance agency/brokerage service without proper license due to the said consultation services through 'Duo Bao Yu' platform.
Additional comments regarding the legal situation for InsurTech-services or what InsurTech’s must be aware of in this business area
In China, insurance services, as an important financial services sector, are highly regulated. At present, only insurance companies, insurance broker companies, insurance agency companies and insurance surveyors and loss adjusters companies incorporated in China with the insurance license issued by NFRA are allowed to engage in internet insurance business as described above.