The Law concerning the Control of Insurance Soliciting (Law No.171 of 1948) shall be partially amended as follows:
In Article 1, "and the officers and employees of the insurance companies" shall be deleted.
Article 2 paragraph 1 shall be amended as follows:
A "life insurance solicitor" as used in this Law shall mean an officer (excluding an officer who has power to represent his company and an auditor) or an employee of a life insurance company or an employee of these persons, or a person who is commissioned by a life insurance company (including unincorporated "Shadan" (Associational entity) and "Zaidan" (Foundation)) or his officer (excluding an officer who has power to represent his company and an auditor) administrator or employee, and who acts as an intermediary in making life insurance contracts for the said insurance company.
In paragraph 2 of the same Article, "(including unincorporated" Shadan "and" Zaidan ";hereinafter the same)" shall be added next to "shall mean a person."
Paragraph 4 of the same Article shall be amended as follows:
4 An "insurance company concerned" as used in this Law shall mean an insurance company which shall become an insurer of an insurance contract solicited by a life insurance solicitor, an officer or employee of a non-life insurance company, or a non-life insurance agent or its officers or employees.
In Article 3 paragraph 2 item 3, "by which he is commissioned" shall be amended as "concerned" ;paragraph 3 items 1 and 2 of the same Article shall be amended as follows;and paragraph 4 of the same Article shall be deleted:
1. Documents certifying that the applicant is an insurance solicitor or a non-life insurance agent. However, in the case of a life insurance solicitor who is commissioned and a non-life insurance agent the above documents shall be the contract of commission for soliciting;
2. In the case of incorporated or unincorporated "Shadan" or "Zaidan" , Articles of Incorporation or Act of Endowment (in the case of unincorporated "Shadan" or "Zaidan" , the documents of similar nature;hereinafter the same in Article 7), the personal history, copy of the family register or the documents of similar nature, of an officer or an administrator, and the written oath that the incorporated or unincorporated "Shadan" or "Zaidan" does not fall under any one of items 2, 3 and 5 of Article 5 paragraph 1;
3. In the case of an individual person, the personal history and copy of the family register or the documents of similar nature of that person (in case the said person has his legal representative, of that person and also that legal representative) and the written oath that he does not fall under any one of items 1 to 4 inclusive of Article 5.
The heading of Article 4 shall be amended as "(The Register and Notice of Registration)" ;in paragraph 2 item 3 of the same Article, "by which he is commissioned" shall be amended as "concerned" ;and the following one paragraph shall be added to the same Article:
3 In case the Minister of Finance has registered in accordance with the provision of the preceding paragraph, he shall give notice in writing, without delay, to the applicant to that effect.
In Article 5 paragraph 1, "after investigating facts in regard to the applicant" shall be deleted;and in item 5 of the same paragraph "or administrators" shall be added next to "the officers" , and paragraph 2 of the same Article shall be amended as follows:
2 In case the Minister of Finance intends to refuse registration in accordance with the provision of the preceding paragraph, he shall beforehand give notice to the applicant for registration to that effect and request the attendance of the applicant or his deputy and shall make the official designated by him hold a hearing in order to give opportunity to present evidence for explanation.
3 In the case of the preceding paragraph, if the person to be heard, does not appear for the hearing without a proper reason, the Minister of Finance may refuse registration without a hearing.
In Article 6, "in writing stating the reason" shall be added next to "to that effect" .
Articles 7 and 8 shall be amended as follows:
(Matters to be Reported by Life Insurance Solicitor or Non-Life Insurance Agent)
Article 7. When a change has taken place pertaining to the matters enumerated in any one of the items of Article 3 paragraph 2 or in documents mentioned in paragraph 3 item 1 of the same Article or matters stated in the Articles of Incorporation or Act of Endowment mentioned in item 2 of the same paragraph, a life insurance solicitor or non-life insurance agent must, without delay, report to the Minister of Finance to that effect.
2 A life insurance solicitor or non-life insurance agent shall report, without delay, to the Minister of Finance to that effect when he has come to fall under any one of items 1, 2, 4 and 5 of Article 5 paragraph 1 or when it has been made clear that he fell under any one of items 1 to 5 inclusive of the same paragraph at the time of registration.
3 In case a life insurance solicitor or a non-life insurance agent has come to fall under any one of the following items, persons mentioned therein shall report, without delay, to the Minister of Finance to that effect:
1. In case the business of soliciting has been discontinued, the said life insurance solicitor or non-life insurance agent;
2. In the case of death of an individual person, the heir;
3. In the case of bankruptcy of an individual person or dissolution of a juridical person by bankruptcy, the bankruptcy administrator;
4. In the case of dissolution of a juridical person by amalgamation, persons who was executive officers;
5. In the case of a dissolution of a juridical person by reason other than amalgamation or bankruptcy, its liquidator;
6. In case unincorporated "Shadan" or "Zaidan" has ceased to exist, persons who was administrators.
(Cancellation of Registration)
Article 7-(2). The Minister of Finance shall cancel the registration if a life insurance solicitor or non-life insurance agent falls under any one of the following items, except the case where he cancels the registration in accordance with the provision of Article 20 paragraph 1:
1. In case the person has come to fall under any one of items 1, 2, 4 and 5 of Article 5 paragraph 1 or when it has been made clear that the person fell under any one of items 1 to 5 inclusive of the same paragraph at the time of registrations;
2. When it has been made clear that the person fell under Article 5 paragraph 1 item 6 at the time of registration;
3. When the person has been registered in accordance with the provisions of Article 4 paragraph 2 by false means.
2 The provisions of Article 5 paragraphs 2 and 3 shall apply mutatis mutandis to the cancellation of registration under the provision of the preceding paragraph. In this case, "Applicant for registration" mentioned in Article 5 paragraph 2 shall read "the said life insurance solicitor or non-life insurance agent" .
(Withdrawal of Registration)
Article 7-(3). In the following cases, the Minister of Finance shall withdraw the registration of matters in regard to the said life insurance solicitor or non-life insurance agent from the Life Insurance Solicitors Register or Non-Life Insurance Agents Register:
1. When the registration has been cancelled in accordance with the provisions of the preceding Article or Article 20 paragraph 1;
2. When the report has been made in accotdance with the provision of Article 7 paragraph 3;
3. When it is deemed by the Minister of Finance that it comes under any one of the items of Article 7 paragraph 3 and the same is confirmed after having issued a notice to any of those persons as mentioned in items of the same paragraph requesting him to appear either in himself or by deputy and holding a hearing by the designated official to give the above person a chance to present evidence for explanation.
(Filing of Officer or Employee of Non-Life Insurance Agent)
Article 8. When a non-life insurance agent causes its officers (officers other than auditors, having no power to represent the company;hereinafter the same, except the cases under Article 10 and Article 16) or employees engage in soliciting, the agent shall file their names and addresses with the Minister of Finance.
2 The non-life insurance agent shall report, without delay, to the Minister of Finance, any changes of matters filed in accordance with the provision of the preceding paragraph or in case the officers or employees filed in accordance with the provisions of the same paragraph has ceased to engage in soliciting or in the case of deaths of these persons.
In Article 9, "an insurance company" shall be amended as "a non-life insurance company" .
In Article 10 paragraph 1, "commissioned by" shall be deleted;in paragraph 2 of the same Article, "or employee of these persons" shall be added next to "officer or employee of another life insurance company" , and "nor to be engaged in soliciting as an officer or employee of the person engaged in soliciting for another life insurance company under commission" shall be added next to "to do the soliciting" .
In the heading of Article 11, "(...... the Consignor-Insurance Company)" shall be amended as "(...... the Insurance Company concerned)" ;in paragraph 1 of the same Article "A consignor-insurance company" and "or non-life insurance agent" shall be respectively amended as "The insurance company concerned" and "an officer or employee of a non-life insurance company, or a non-life insurance agent" ;the proviso to the same paragraph shall be deleted;in paragraph 2 of the same Article, "the preceding paragraph" and "or non-life insurance agent" shall be respectively amended as "paragraph 1" and "an officer and employee of a non-life insurance company, or a non-life insurance agent" ;paragraphs 2 and 3 of the same Article shall be made respectively paragraphs 3 and 4;and the following one paragraph shall be added next to paragraph 1 of the same Article as paragraph 2:
2 The provision of the preceding paragraph shall not apply to the following cases:
1. In the case of life insurance solicitor who is an officer or employee of a life insurance company and an officer of a non-life insurance company who is engaged in soliciting, if the insurance company concerned has paid due care in nominating the said officer and further has taken proper care for the prevention of less inflicted to the insured in connection with the soliciting of these persons;
2. In the case of a life insurance solicitor who is an employee of a life insurance company or an employee of the said employee and an employee of a non-life insurance company who is engaged in soliciting, if the insurance company concerned haspaid due care concerning the employment of the said employee (excluding an employee of the employee of a life insurance company) and further has taken proper care for the prevention of loss inflicted to the insured in connection with the soliciting of these persons;
3. In the case of a life insurance solicitor commissioned by a life insurance company and a life insurance solicitor who is an officer or employee of the said insurance solicitor and a non-life insurance agent, if the insurance company concerned has paid due care in commissioning the life insurance solicitor or non-life insurance agent and further has taken proper care for the prevention of loss inflicted to the insured in connection with the soliciting of these persons.
In Article 12 paragraph 1 and in Article 13, "the company by which he is commissioned" and "The consignor-insurance company" shall be both amended as "the insurance company concerned" .
In Article 14, "...... by the officers, employees or life insurance solicitors of an insurance company......" shall be amended as "...... by the officers, employees of a non-life insurance company or life insurance solicitors......" and "(including an officer or employee of a non-life in-surance agent filed in accordance with the provision of Article 8 paragraph 1;hereinafter the same in this Article and in Article 19" shall be added next to "non-life insurance agent" , and "of the insurance company to which these persons belong or of the insurance company by which they are commissioned" shall be amended as "of the insurance company concerned to which these persons belong" .
In Article 16 paragraph 1, "The officers, employees or life insurance solicitors of an insurance company" shall be amended as "The officers and employees of a non-life insurance company or life insurance solicitors" ;and the following one item shall be added to the same paragraph:
5 The act to obtain an application for a new insurance contract from a person effecting insurance or insured by improperly nullifying the insurance contract then in force (hereinafter referred to as "existing insurance contract" in this item or to improperly nullify the existing insurance contract by obtaining an application for a new insurance contract or to improperly nullify the existing insurance contract or to improperly obtain an application for a new insurance contract or any act persuading such acts.
In Article 18 paragraph 1, "Excepting its officers and employees and the life insurance solicitors or non-life insurance agents registered in accordance with the provisions of Art.4,......" shall be amended as "Excepting the life insurance solicitors registered in accordance with the provisions of Article 4 paragraph 2 in the case of a life insurance company, or the officers, employees or non-life insurance agents registered in accordance with the provisions of the same paragraph in the case of a non-life insurance company, a life insurance company or non-life insurance company......" ;and in paragraph 3 of the same Article, "Excepting the officers or employees reported in accordance with the provisions of Art.8 or the life insurance solicitors or non-life insurance agents registered in accordance with the provisions of Art.4......" shall be amended as "Excepting the life insurance solicitors registered in accordance with the provision of Article 4 paragraph 2 in the case of a life insurance solicitors, or the officers or employees filed in accordance with the provision of Article 8 paragraph 1 or the non-life insurance agents registered in accordance with the provisions of Article 4 paragraph 2 in the case of a non-life insurance agents,......" .
Article 20 paragraph 1 item 1 shall be amended as follows: 1. When he has acted in contravention of this Law or orders issued by the Minister of Finance based upon this Law, and other laws and orders. Paragraphs 2 to 5 inclusive of the same Article shall be amnede as follows:
2 The provisions of Article 5 paragraphs 2 and 3 and Article 6 shall apply mutatis mutandis to the suspension of business and cancellation of registration under the provision of the preceding paragraph. In this case, "applicant for registration" mentioned in Article 5 paragraph 2 shall read "the said life insurance solicitor or non-life insurance" agent ";and in paragraph 3 of the same Article," if does not appear for the hearing "shall read" if he does not appear within one month from the day requested to appear".
Article 21 shall be amended as follows:
(Exemption of Application of the Law to Officers, etc. of Foreign Life Insurers)
Article 21. The provisions of Article 3 to Article 7-(3), inclusive, Article 9, and Article 20 (confined only to the part referring to the cancellation of registration) shall not apply to the officers and employees of the foreign life insurers.
In Article 23, "or non-life insurance company" shall be added next to "of the life insurance company" .
In Article 25 item 2, "(including the cases where they apply with the necessary modifications to those of Art.21;hereinafter the same)" shall be deleted.
Article 26 shall be amended as follows:
Article 26. Any one who has neglected to file or report as provided for in Article 7 or 8 shall be liable to a non-criminal fine not exceeding \5,000.