State Codes and Statutes

Statutes > New-york > Isc > Article-21 > 2107

§  2107.  Insurance  consultants;  licensing  and  duties. (a) (1) The  superintendent may  issue  an  insurance  consultant's  license  to  any  person,  firm, association or corporation who or which has complied with  the requirements of this chapter with respect to either: life insurance,  meaning all of those kinds of insurance authorized  in  paragraphs  one,  two  and  three  of  subsection  (a) of section one thousand one hundred  thirteen of this chapter; or general insurance,  meaning  all  of  those  kinds of insurance authorized in paragraphs four through twenty-three of  such subsection, as specified in such license.    (2)  Any  such license issued to a firm or association shall authorize  only the members of such firm or association named in  such  license  as  sub-licensees  to  act  individually  as consultants thereunder, and any  such license issued to a corporation shall authorize only  the  officers  and  directors  thereof  named  in  such license as sub-licensees to act  individually as consultants thereunder. Each sub-licensee named in  such  license   must  be  qualified  to  obtain  a  license  as  an  insurance  consultant,  and  for  each  such  sub-licensee  the  fee  specified  in  subsection  (b)  of this section must be paid. Every sub-licensee acting  individually as a consultant pursuant to a license  issued  to  a  firm,  association  or  corporation shall be authorized to act only in the name  of such firm, association or corporation.    (b) (1) Before an insurance consultant's license shall  be  issued  or  renewed  the  prospective  licensee shall properly file in the office of  the superintendent an application therefor in such  form  or  forms  and  supplements  that  the superintendent prescribes, and pay a fee of fifty  dollars for each year or fraction of a year in which a license shall  be  valid  and  pay  an  additional  fee  of  fifty dollars for each year or  fraction of  a  year  in  which  a  license  shall  be  valid  for  each  sub-licensee. Every consultant's license issued pursuant to this section  to a business entity shall expire on the thirty-first day of March, with  respect  to (A) life insurance in the odd year and (B) general insurance  in the even year, next following the date of issue. On and after January  first, two thousand seven, every license issued pursuant to this section  to an individual consultant,  and  every  license  in  effect  prior  to  January  first  two  thousand  seven  that  was  issued pursuant to this  section to an individual consultant, 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 consultant, and every  license in effect prior to January first, two thousand  seven  that  was  issued  pursuant  to  this  section to an individual consultant, 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.    (2)  (A) If an application for a renewal license shall have been filed  with the superintendent before  the  expiration  of  such  license,  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 shall  have  given  notice  of  such refusal to the applicant.    (B) Before refusing to renew any such license, except on the ground of  failure  to  pass  a written examination required pursuant to subsection  (c) of this section, the superintendent shall notify  the  applicant  of  his intention so to do and shall give such applicant a hearing.    (c) (1) The superintendent shall, in order to determine the competency  of  every applicant for license as an insurance consultant, require suchapplicant to submit to and pass to his satisfaction a personal,  written  examination  concerning  the  kinds of insurance specified in paragraphs  one, two and three of subsection (a) of section one thousand one hundred  thirteen  of  this chapter for a life insurance consultant's license and  paragraphs four through twenty-three of such subsection  for  a  general  insurance  consultant's license. The fee for each such examination taken  shall be fifty dollars.    (2) The superintendent may accept, in lieu of any part or all of  such  examination, the result of any previous written examination given by the  superintendent,  The  American College, the American College of Property  and Liability Underwriters,  the  Society  of  Actuaries,  the  Casualty  Actuarial  Society,  the  American  Academy  of Actuaries or any similar  organization which administers professional examinations.    (d) The superintendent may refuse to issue an  insurance  consultant's  license  if, in his judgment, the applicant or any proposed sub-licensee  is not trustworthy and competent to act as a consultant,  or  has  given  cause  for  revocation  or  suspension of such license, or has failed to  comply with any prerequisite for the issuance of such license.    (e) No person licensed as an insurance consultant under  this  section  may be an executive in or employee of or own any shares which give him a  substantial  interest, direct or indirect, in any authorized insurer. No  such consultant may recommend or encourage the  purchase  of  insurance,  annuities  or securities from any authorized insurer in which any member  of  his  immediate  family  holds  an  executive  position  or  holds  a  substantial interest.    (f)  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.

State Codes and Statutes

Statutes > New-york > Isc > Article-21 > 2107

§  2107.  Insurance  consultants;  licensing  and  duties. (a) (1) The  superintendent may  issue  an  insurance  consultant's  license  to  any  person,  firm, association or corporation who or which has complied with  the requirements of this chapter with respect to either: life insurance,  meaning all of those kinds of insurance authorized  in  paragraphs  one,  two  and  three  of  subsection  (a) of section one thousand one hundred  thirteen of this chapter; or general insurance,  meaning  all  of  those  kinds of insurance authorized in paragraphs four through twenty-three of  such subsection, as specified in such license.    (2)  Any  such license issued to a firm or association shall authorize  only the members of such firm or association named in  such  license  as  sub-licensees  to  act  individually  as consultants thereunder, and any  such license issued to a corporation shall authorize only  the  officers  and  directors  thereof  named  in  such license as sub-licensees to act  individually as consultants thereunder. Each sub-licensee named in  such  license   must  be  qualified  to  obtain  a  license  as  an  insurance  consultant,  and  for  each  such  sub-licensee  the  fee  specified  in  subsection  (b)  of this section must be paid. Every sub-licensee acting  individually as a consultant pursuant to a license  issued  to  a  firm,  association  or  corporation shall be authorized to act only in the name  of such firm, association or corporation.    (b) (1) Before an insurance consultant's license shall  be  issued  or  renewed  the  prospective  licensee shall properly file in the office of  the superintendent an application therefor in such  form  or  forms  and  supplements  that  the superintendent prescribes, and pay a fee of fifty  dollars for each year or fraction of a year in which a license shall  be  valid  and  pay  an  additional  fee  of  fifty dollars for each year or  fraction of  a  year  in  which  a  license  shall  be  valid  for  each  sub-licensee. Every consultant's license issued pursuant to this section  to a business entity shall expire on the thirty-first day of March, with  respect  to (A) life insurance in the odd year and (B) general insurance  in the even year, next following the date of issue. On and after January  first, two thousand seven, every license issued pursuant to this section  to an individual consultant,  and  every  license  in  effect  prior  to  January  first  two  thousand  seven  that  was  issued pursuant to this  section to an individual consultant, 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 consultant, and every  license in effect prior to January first, two thousand  seven  that  was  issued  pursuant  to  this  section to an individual consultant, 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.    (2)  (A) If an application for a renewal license shall have been filed  with the superintendent before  the  expiration  of  such  license,  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 shall  have  given  notice  of  such refusal to the applicant.    (B) Before refusing to renew any such license, except on the ground of  failure  to  pass  a written examination required pursuant to subsection  (c) of this section, the superintendent shall notify  the  applicant  of  his intention so to do and shall give such applicant a hearing.    (c) (1) The superintendent shall, in order to determine the competency  of  every applicant for license as an insurance consultant, require suchapplicant to submit to and pass to his satisfaction a personal,  written  examination  concerning  the  kinds of insurance specified in paragraphs  one, two and three of subsection (a) of section one thousand one hundred  thirteen  of  this chapter for a life insurance consultant's license and  paragraphs four through twenty-three of such subsection  for  a  general  insurance  consultant's license. The fee for each such examination taken  shall be fifty dollars.    (2) The superintendent may accept, in lieu of any part or all of  such  examination, the result of any previous written examination given by the  superintendent,  The  American College, the American College of Property  and Liability Underwriters,  the  Society  of  Actuaries,  the  Casualty  Actuarial  Society,  the  American  Academy  of Actuaries or any similar  organization which administers professional examinations.    (d) The superintendent may refuse to issue an  insurance  consultant's  license  if, in his judgment, the applicant or any proposed sub-licensee  is not trustworthy and competent to act as a consultant,  or  has  given  cause  for  revocation  or  suspension of such license, or has failed to  comply with any prerequisite for the issuance of such license.    (e) No person licensed as an insurance consultant under  this  section  may be an executive in or employee of or own any shares which give him a  substantial  interest, direct or indirect, in any authorized insurer. No  such consultant may recommend or encourage the  purchase  of  insurance,  annuities  or securities from any authorized insurer in which any member  of  his  immediate  family  holds  an  executive  position  or  holds  a  substantial interest.    (f)  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-21 > 2107

§  2107.  Insurance  consultants;  licensing  and  duties. (a) (1) The  superintendent may  issue  an  insurance  consultant's  license  to  any  person,  firm, association or corporation who or which has complied with  the requirements of this chapter with respect to either: life insurance,  meaning all of those kinds of insurance authorized  in  paragraphs  one,  two  and  three  of  subsection  (a) of section one thousand one hundred  thirteen of this chapter; or general insurance,  meaning  all  of  those  kinds of insurance authorized in paragraphs four through twenty-three of  such subsection, as specified in such license.    (2)  Any  such license issued to a firm or association shall authorize  only the members of such firm or association named in  such  license  as  sub-licensees  to  act  individually  as consultants thereunder, and any  such license issued to a corporation shall authorize only  the  officers  and  directors  thereof  named  in  such license as sub-licensees to act  individually as consultants thereunder. Each sub-licensee named in  such  license   must  be  qualified  to  obtain  a  license  as  an  insurance  consultant,  and  for  each  such  sub-licensee  the  fee  specified  in  subsection  (b)  of this section must be paid. Every sub-licensee acting  individually as a consultant pursuant to a license  issued  to  a  firm,  association  or  corporation shall be authorized to act only in the name  of such firm, association or corporation.    (b) (1) Before an insurance consultant's license shall  be  issued  or  renewed  the  prospective  licensee shall properly file in the office of  the superintendent an application therefor in such  form  or  forms  and  supplements  that  the superintendent prescribes, and pay a fee of fifty  dollars for each year or fraction of a year in which a license shall  be  valid  and  pay  an  additional  fee  of  fifty dollars for each year or  fraction of  a  year  in  which  a  license  shall  be  valid  for  each  sub-licensee. Every consultant's license issued pursuant to this section  to a business entity shall expire on the thirty-first day of March, with  respect  to (A) life insurance in the odd year and (B) general insurance  in the even year, next following the date of issue. On and after January  first, two thousand seven, every license issued pursuant to this section  to an individual consultant,  and  every  license  in  effect  prior  to  January  first  two  thousand  seven  that  was  issued pursuant to this  section to an individual consultant, 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 consultant, and every  license in effect prior to January first, two thousand  seven  that  was  issued  pursuant  to  this  section to an individual consultant, 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.    (2)  (A) If an application for a renewal license shall have been filed  with the superintendent before  the  expiration  of  such  license,  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 shall  have  given  notice  of  such refusal to the applicant.    (B) Before refusing to renew any such license, except on the ground of  failure  to  pass  a written examination required pursuant to subsection  (c) of this section, the superintendent shall notify  the  applicant  of  his intention so to do and shall give such applicant a hearing.    (c) (1) The superintendent shall, in order to determine the competency  of  every applicant for license as an insurance consultant, require suchapplicant to submit to and pass to his satisfaction a personal,  written  examination  concerning  the  kinds of insurance specified in paragraphs  one, two and three of subsection (a) of section one thousand one hundred  thirteen  of  this chapter for a life insurance consultant's license and  paragraphs four through twenty-three of such subsection  for  a  general  insurance  consultant's license. The fee for each such examination taken  shall be fifty dollars.    (2) The superintendent may accept, in lieu of any part or all of  such  examination, the result of any previous written examination given by the  superintendent,  The  American College, the American College of Property  and Liability Underwriters,  the  Society  of  Actuaries,  the  Casualty  Actuarial  Society,  the  American  Academy  of Actuaries or any similar  organization which administers professional examinations.    (d) The superintendent may refuse to issue an  insurance  consultant's  license  if, in his judgment, the applicant or any proposed sub-licensee  is not trustworthy and competent to act as a consultant,  or  has  given  cause  for  revocation  or  suspension of such license, or has failed to  comply with any prerequisite for the issuance of such license.    (e) No person licensed as an insurance consultant under  this  section  may be an executive in or employee of or own any shares which give him a  substantial  interest, direct or indirect, in any authorized insurer. No  such consultant may recommend or encourage the  purchase  of  insurance,  annuities  or securities from any authorized insurer in which any member  of  his  immediate  family  holds  an  executive  position  or  holds  a  substantial interest.    (f)  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.