§431:9A-114  Appointments.  (a)  Aninsurance producer shall not act as an agent of an insurer unless the insuranceproducer becomes an appointed agent of that insurer or is contracted with andappointed by an insurance producer so appointed.

(b)  To appoint a producer as its agent, theappointing insurer or producer shall file, in a format approved by thecommissioner, a notice of appointment within fifteen days from the date theagency or business entity contract is executed or the first insurance applicationis submitted to the insurer or producer.  If the appointment form is notreceived by the commissioner within the fifteen-day period, the appointmentshall become effective on the date on which the commissioner receives theappointment form.  A producer shall disclose to a client if the conditions ofsubsection (a) have not been met.  An insurer or producer may also elect toappoint a producer to all or some insurers within the insurer's or producer'sholding company system or group by filing with the commissioner a singleappointment notice.

(c)  Upon receipt of the notice of appointmentand within a reasonable time not to exceed thirty days, the commissioner shallverify that the insurance producer is eligible for appointment.  If theinsurance producer is determined to be ineligible for appointment, thecommissioner shall notify the appointing insurer or producer within five daysof its determination.

(d)  An appointing insurer or producer shallpay an appointment fee, in the amount and method of payment set forth inarticle 7, for each insurance producer appointed by the appointing insurer orproducer.

(e)  An appointing insurer or producer shallremit, in a manner prescribed by the commissioner, a renewal appointment fee inthe amount set forth in article 7. [L 2001, c 216, pt of §2; am L 2002, c 155,§32]