Legislation
SECTION 2106
Reinsurance intermediaries; licensing
Insurance (ISC) CHAPTER 28, ARTICLE 21
§ 2106. Reinsurance intermediaries; licensing. (a) (1) The
superintendent may issue a reinsurance intermediary's license to any
person, firm, association or corporation who or which has complied with
the requirements of this chapter.
(2) Any such license issued to a firm or association shall authorize
all of the members of such firm or association and any designated
employees to act as reinsurance intermediaries under the license, and
all such persons shall be named in the application and supplements
thereto.
(3) Any such license issued to a corporation shall authorize all of
the officers and any designated employees and directors thereof to act
as reinsurance intermediaries on behalf of such corporation, and all
such persons shall be named in the application and supplements thereto.
(4) For each business entity, the officer or officers and director or
directors named in the application shall be designated responsible for
the business entity's compliance with the insurance laws, rules and
regulations of this state.
(b) (1) Before a resident reinsurance intermediary's license shall be
issued or renewed the prospective licensee shall properly file in the
office of the superintendent a written application therefor in such form
or forms and supplements thereto as the superintendent prescribes, and
pay a fee of five hundred dollars for each year or fraction of a year in
which a license shall be valid.
(2) Every resident reinsurance intermediary's license issued to a
business entity pursuant to this section shall expire on the
thirty-first day of August of even-numbered years. On and after January
first, two thousand seven, every license issued pursuant to this section
to an individual resident reinsurance intermediary, and every license in
effect prior to January first, two thousand seven that was issued
pursuant to this section to an individual resident reinsurance
intermediary, who was born in an odd numbered year, shall expire on the
individual's birthday in each odd numbered year. On and after January
first, two thousand seven, every license issued pursuant to this section
to an individual resident reinsurance intermediary, and every license in
effect prior to January first, two thousand seven that was issued
pursuant to this section to an individual resident reinsurance
intermediary, who was born in an even numbered year, shall expire on the
individual's birthday in each even numbered year. Every license issued
pursuant to this section may be renewed for the ensuing period of
twenty-four months upon the filing of an application in conformity with
this subsection.
(c) (1) If an application for a renewal license shall have been filed
with the superintendent before September first of the year of
expiration, the license sought to be renewed shall continue in full
force and effect either until the issuance by the superintendent of the
renewal license applied for or until five days after the superintendent
shall have refused to issue such renewal license and given notice of
such refusal to the applicant.
(2) Before refusing to renew any such license the superintendent shall
notify the applicant of his intention so to do and shall give such
applicant a hearing.
(d) (1) The superintendent may refuse to issue a reinsurance
intermediary's license if, in his judgment, the applicant or any member,
principal, officer or director of such applicant, is not trustworthy and
competent to act as a reinsurance intermediary, or that any controlling
person of such applicant is not trustworthy to act as a reinsurance
intermediary, or that any of the foregoing has given cause for
revocation or suspension of such license, or has failed to comply with
any prerequisite for the issuance of such license.
(2) For the purposes of this section a "controlling person" is any
person who or which directly or indirectly has the power to direct or
cause to be directed the management, control or activities of the
reinsurance intermediary.
(e) Licensees under this section shall be subject to examination by
the superintendent as often as he may deem it expedient. The
superintendent may promulgate regulations establishing methods and
procedures for facilitating and verifying compliance with the
requirements of this section and sections two thousand one hundred two
and two thousand one hundred twenty of this article.
(f) (1) (A) The provisions of this section and of section two thousand
one hundred two, subsection (a) of section two thousand one hundred ten
and section two thousand one hundred twenty of this article shall apply
to resident and non-resident reinsurance intermediaries; provided,
however, that the provisions of this subsection shall be specifically
applicable with respect to non-resident reinsurance intermediaries.
(B) A "non-resident reinsurance intermediary" means a person who is a
non-resident of this state and who is licensed to act as a reinsurance
intermediary in their home state.
(2) (A) Before a non-resident reinsurance intermediary's license shall
be issued or renewed, the prospective licensee shall properly file in
the office of the superintendent a written application therefor in such
form or forms and supplements as the superintendent prescribes, and pay
a fee of five hundred dollars for each year or fraction of a year in
which a license shall be valid.
(B) Every non-resident reinsurance intermediary's license issued to a
business entity pursuant to this section shall expire on the
thirty-first day of August of even-numbered years. On and after January
first, two thousand seven, every license issued pursuant to this section
to an individual non-resident reinsurance intermediary, and every
license in effect prior to January first, two thousand seven that was
issued pursuant to this section to an individual non-resident
reinsurance intermediary, who was born in an odd numbered year, shall
expire on the individual's birthday in each odd numbered year. On and
after January first, two thousand seven, every license issued pursuant
to this section to an individual non-resident reinsurance intermediary,
and every license in effect prior to January first, two thousand seven
that was issued pursuant to this section to an individual non-resident
reinsurance intermediary, who was born in an even numbered year, shall
expire on the individual's birthday in each even numbered year. Every
such license issued pursuant to this subparagraph may be renewed for the
ensuing period of twenty-four months upon the filing of an application
in conformity with this subsection.
(g) The superintendent may issue a replacement for a currently in
force license which has been lost or destroyed. Before such replacement
license shall be issued, there shall be on file in the office of the
superintendent a written application for such replacement license,
affirming under penalty of perjury that the original license has been
lost or destroyed, together with a fee of fifteen dollars.
superintendent may issue a reinsurance intermediary's license to any
person, firm, association or corporation who or which has complied with
the requirements of this chapter.
(2) Any such license issued to a firm or association shall authorize
all of the members of such firm or association and any designated
employees to act as reinsurance intermediaries under the license, and
all such persons shall be named in the application and supplements
thereto.
(3) Any such license issued to a corporation shall authorize all of
the officers and any designated employees and directors thereof to act
as reinsurance intermediaries on behalf of such corporation, and all
such persons shall be named in the application and supplements thereto.
(4) For each business entity, the officer or officers and director or
directors named in the application shall be designated responsible for
the business entity's compliance with the insurance laws, rules and
regulations of this state.
(b) (1) Before a resident reinsurance intermediary's license shall be
issued or renewed the prospective licensee shall properly file in the
office of the superintendent a written application therefor in such form
or forms and supplements thereto as the superintendent prescribes, and
pay a fee of five hundred dollars for each year or fraction of a year in
which a license shall be valid.
(2) Every resident reinsurance intermediary's license issued to a
business entity pursuant to this section shall expire on the
thirty-first day of August of even-numbered years. On and after January
first, two thousand seven, every license issued pursuant to this section
to an individual resident reinsurance intermediary, and every license in
effect prior to January first, two thousand seven that was issued
pursuant to this section to an individual resident reinsurance
intermediary, who was born in an odd numbered year, shall expire on the
individual's birthday in each odd numbered year. On and after January
first, two thousand seven, every license issued pursuant to this section
to an individual resident reinsurance intermediary, and every license in
effect prior to January first, two thousand seven that was issued
pursuant to this section to an individual resident reinsurance
intermediary, who was born in an even numbered year, shall expire on the
individual's birthday in each even numbered year. Every license issued
pursuant to this section may be renewed for the ensuing period of
twenty-four months upon the filing of an application in conformity with
this subsection.
(c) (1) If an application for a renewal license shall have been filed
with the superintendent before September first of the year of
expiration, the license sought to be renewed shall continue in full
force and effect either until the issuance by the superintendent of the
renewal license applied for or until five days after the superintendent
shall have refused to issue such renewal license and given notice of
such refusal to the applicant.
(2) Before refusing to renew any such license the superintendent shall
notify the applicant of his intention so to do and shall give such
applicant a hearing.
(d) (1) The superintendent may refuse to issue a reinsurance
intermediary's license if, in his judgment, the applicant or any member,
principal, officer or director of such applicant, is not trustworthy and
competent to act as a reinsurance intermediary, or that any controlling
person of such applicant is not trustworthy to act as a reinsurance
intermediary, or that any of the foregoing has given cause for
revocation or suspension of such license, or has failed to comply with
any prerequisite for the issuance of such license.
(2) For the purposes of this section a "controlling person" is any
person who or which directly or indirectly has the power to direct or
cause to be directed the management, control or activities of the
reinsurance intermediary.
(e) Licensees under this section shall be subject to examination by
the superintendent as often as he may deem it expedient. The
superintendent may promulgate regulations establishing methods and
procedures for facilitating and verifying compliance with the
requirements of this section and sections two thousand one hundred two
and two thousand one hundred twenty of this article.
(f) (1) (A) The provisions of this section and of section two thousand
one hundred two, subsection (a) of section two thousand one hundred ten
and section two thousand one hundred twenty of this article shall apply
to resident and non-resident reinsurance intermediaries; provided,
however, that the provisions of this subsection shall be specifically
applicable with respect to non-resident reinsurance intermediaries.
(B) A "non-resident reinsurance intermediary" means a person who is a
non-resident of this state and who is licensed to act as a reinsurance
intermediary in their home state.
(2) (A) Before a non-resident reinsurance intermediary's license shall
be issued or renewed, the prospective licensee shall properly file in
the office of the superintendent a written application therefor in such
form or forms and supplements as the superintendent prescribes, and pay
a fee of five hundred dollars for each year or fraction of a year in
which a license shall be valid.
(B) Every non-resident reinsurance intermediary's license issued to a
business entity pursuant to this section shall expire on the
thirty-first day of August of even-numbered years. On and after January
first, two thousand seven, every license issued pursuant to this section
to an individual non-resident reinsurance intermediary, and every
license in effect prior to January first, two thousand seven that was
issued pursuant to this section to an individual non-resident
reinsurance intermediary, who was born in an odd numbered year, shall
expire on the individual's birthday in each odd numbered year. On and
after January first, two thousand seven, every license issued pursuant
to this section to an individual non-resident reinsurance intermediary,
and every license in effect prior to January first, two thousand seven
that was issued pursuant to this section to an individual non-resident
reinsurance intermediary, who was born in an even numbered year, shall
expire on the individual's birthday in each even numbered year. Every
such license issued pursuant to this subparagraph may be renewed for the
ensuing period of twenty-four months upon the filing of an application
in conformity with this subsection.
(g) The superintendent may issue a replacement for a currently in
force license which has been lost or destroyed. Before such replacement
license shall be issued, there shall be on file in the office of the
superintendent a written application for such replacement license,
affirming under penalty of perjury that the original license has been
lost or destroyed, together with a fee of fifteen dollars.