(a) No person shall actas or hold himself or herself out to be an agent, broker, limitedrepresentative, adjuster, or motor vehicle damage appraiser unless dulylicensed.
(b) No agent, broker,or limited representative shall make application for, procure, negotiate for,or place for others, any policies for any kinds of insurance as to which thatperson is not then qualified and duly licensed.
(c) Effective for newlicenses issued before January 1, 2008, an agent or broker may be licensed forthe following kinds of insurance:
(1) Life and healthinsurance, meaning:
a. Life‑insurancecoverage on human lives, including benefits of endowment and annuities, and mayinclude benefits in the event of death or dismemberment by accident andbenefits for disability income.
b. Variable life andvariable annuity products‑insurance coverage provided under variable lifeinsurance contracts and variable annuities.
c. Accident and healthor sickness‑insurance coverage for sickness, bodily injury, or accidentaldeath and may include benefits for disability income.
(2) Property andliability insurance, meaning:
a. Coverage for thedirect or consequential loss or damage to property of every kind.
b. Coverage againstlegal liability, including that for death, injury, or disability or damage toreal or personal property.
(3) Personal lines,meaning property and liability insurance coverage sold to individuals andfamilies for primarily noncommercial purposes.
(4) Medicare supplementinsurance and long‑term care insurance, as a supplement to a license forthe kinds of insurance listed in subdivision (1) of this subsection.
Theselines of authority shall remain applicable for holders of these licenses untilthe Commissioner provides applicable replacement licenses under the new linesthat will go into effect for new licenses on January 1, 2008. Replacementlicenses shall grant authority comparable to the licenses being replaced.
(c1) Effective forlicenses issued on or after January 1, 2008, an agent or broker may be licensedfor the following kinds of insurance:
(1) Accident and healthor sickness. Insurance coverage for sickness, bodily injury, or accidentaldeath and may include benefits for disability income.
(2) Casualty. Insurancecoverage against legal liability, including that for death, injury, ordisability, or damage to real or personal property.
(3) Limited lineinsurance.
(4) Life. Insurancecoverage on human lives, including benefits in the event of death ordismemberment by accident and benefits for disability income.
(5) Medicare supplementinsurance and long‑term care insurance, as a supplement to a license forthe kinds of insurance listed in subdivision (1) of this subsection.
(6) Personal lines. Propertyand casualty insurance coverage sold to individuals and families for primarilynoncommercial purposes.
(7) Property. Insurancecoverage for the direct or consequential loss or damage to property of everykind.
(8) Variable life andvariable annuity products. Insurance coverage provided under variable lifeinsurance contracts and variable annuities.
(9) Any other kind ofinsurance permitted under State laws or administrative rules.
(d) A person holding alicense or licenses for the kind or kinds of insurance specified in subsection(c1) of this section may sell, solicit, or negotiate only the kind or kinds ofinsurance for which that person is licensed.
(e) A variable life andvariable annuity products license authorizes a resident agent to sell, solicit,or negotiate variable contracts if the agent satisfies the Commissioner thatthe agent has met the FINRA requirements of the Secretary of State of NorthCarolina.
(f) An accident andhealth or sickness license authorizes a resident agent to sell, solicit, ornegotiate Medicare supplement and long‑term care insurance policies asdefined respectively in Articles 54 and 55 of this Chapter, provided that thelicensee takes and passes a supplemental written examination for the insuranceas provided in G.S. 58‑33‑30(e) and pays the supplementalregistration fee provided in G.S. 58‑33‑125(c).
(g) The Commissionermay issue one or more licenses without examination to individuals for limitedlines insurance per qualifications and application procedures defined in theadministrative rules.
(h) No licensed agent,broker, or limited representative shall sell, solicit, or negotiate anywhere inthe boundaries of this State, or receive or transmit an application or premiumof insurance, for a company not licensed to do business in this State, exceptas provided in G.S. 58‑28‑5 and Article 21 of this Chapter.
(i) No agent shallplace a policy of insurance with any insurer unless the agent has a currentappointment as agent for the insurer in accordance with G.S. 58‑33‑40or has a valid temporary license issued in accordance with G.S. 58‑33‑66.
(j) A business entitythat sells, solicits, or negotiates insurance shall be licensed in accordancewith G.S. 58‑33‑31(b). Every member of the partnership and everyofficer, director, stockholder, and employee of the business entity personallyengaged in this State in selling, soliciting, or negotiating policies ofinsurance shall qualify as an individual licensee. A business entity licenseshall expire on March 31 of each year unless the business entity pays therenewal fee.
(k) The license shallstate the name and an identifying number of the licensee, date of issue, kindor kinds of insurance covered by the license, and any other information as theCommissioner deems to be proper.
(l) A license issuedto an agent authorizes him to act until his license is otherwise suspended orrevoked. Upon the suspension or revocation of a license, the licensee or anyperson having possession of such license shall return it to the Commissioner.
(m) A license of a broker,limited representative, adjuster, or motor vehicle damage appraiser shall berenewed on April 1 each year, and renewal fees shall be paid. The Commissioneris not required to print licenses for the purpose of renewing licenses. TheCommissioner may establish for licenses "staggered" license renewaldates that will apportion renewals throughout each calendar year. If the systemof staggered licensing is adopted, the Commissioner may extend the licensureperiod for some licensees. License renewal fees prescribed by G.S. 58‑33‑125shall be prorated to the extent they are commensurate with extensions.
(n) A license as aninsurance producer is not required of the following:
(1) An officer,director, or employee of an insurer or of an insurance producer, provided thatthe officer, director, or employee does not receive any commission on policieswritten or sold to insure risks residing, located, or to be performed in thisState, except for indirect receipt of proceeds of commissions in the form ofsalary, benefits, or distributions, and:
a. The officer,director, or employee's activities are executive, administrative, managerial,clerical, or a combination of these, and are only indirectly related to thesale, solicitation, or negotiation of insurance; or
b. The officer,director, or employee's function relates to underwriting, loss control,inspection, or the processing, adjusting, investigating, or settling of a claimon a contract of insurance; or
c. The officer,director, or employee is acting in the capacity of a special agent or agencysupervisor assisting insurance producers where the person's activities arelimited to providing technical advice and assistance to licensed insuranceproducers and do not include the sale, solicitation, or negotiation of insurance.
(2) A person who securesand furnishes information for the purpose of group life insurance, groupproperty and casualty insurance, group annuities, group or blanket accident andhealth insurance; or for the purpose of enrolling individuals under plans;issuing certificates under plans or otherwise assisting in administering plans;or performs administrative services related to mass‑marketed property andcasualty insurance; where no commission is paid to the person for the service.
(3) An employer orassociation or its officers, directors, employees, or the trustees of anemployee trust plan, to the extent that the employers, officers, employees,director, or trustees are engaged in the administration or operation of aprogram of employee benefits for the employer's or association's own employeesor the employees of its subsidiaries or affiliates, which program involves theuse of insurance issued by an insurer, as long as the employers, associations,officers, directors, employees, or trustees are not in any manner compensated,directly or indirectly, by the company issuing the contracts.
(4) Employees ofinsurers or organizations employed by insurers who are engaging in theinspection, rating, or classification of risks, or in the supervision of thetraining of insurance producers and who are not individually engaged in thesale, solicitation, or negotiation of insurance.
(5) A person whoseactivities in this State are limited to advertising without the intent tosolicit insurance in this State through communications in printed publicationsor other forms of electronic mass media whose distribution is not limited toresidents of this State, provided that the person does not sell, solicit, ornegotiate insurance that would insure risks residing, located, or to beperformed in this State.
(6) A person who is nota resident of this State who sells, solicits, or negotiates a contract ofinsurance for commercial property and casualty risks to an insured with riskslocated in more than one state insured under that contract, provided that thatperson is otherwise licensed as an insurance producer to sell, solicit, ornegotiate that insurance in the state where the insured maintains its principalplace of business and the contract of insurance insures risks located in thatstate.
(7) A salaried full‑timeemployee who counsels or advises his or her employer relative to the insuranceinterests of the employer or of the subsidiaries or business affiliates of theemployer provided that the employee does not sell or solicit insurance orreceive a commission.
(8) Licensed insurersauthorized to write the kinds of insurance described in G.S. 58‑7‑15(1)through G.S. 58‑7‑15(3) that do business without the involvement ofa licensed agent.
(9) A person indirectlyreceiving proceeds of commissions as part of the transfer of insurance businessor in the form of retirement or similar benefits.
(o) Nothing in thisArticle requires an insurer to obtain an insurance producer license. In thissubsection, "insurer" does not include an insurer's officers,directors, employees, subsidiaries, or affiliates.
(p) An individual shallnot simultaneously hold a property, casualty, or personal lines insurancelicense and an adjuster's license in this State. An individual who holds aproperty, casualty, or personal lines insurance license may apply for anadjuster license without having to take the adjuster examination in G.S. 58‑33‑30(e)if the individual applies for the adjuster license within 60 days aftersurrendering the property, casualty, or personal lines insurance license. Anindividual who holds an adjuster license may apply for a property and liabilityinsurance license without having to take the property and liability insuranceagent examination in G.S. 58‑33‑30(e) if the individual applies forthe property, casualty, or personal lines insurance license within 60 daysafter surrendering the adjuster license. (2001‑203, s. 6; 2007‑507, s. 1; 2009‑383,s. 1; 2009‑566, ss. 2, 3.)
(a) No person shall actas or hold himself or herself out to be an agent, broker, limitedrepresentative, adjuster, or motor vehicle damage appraiser unless dulylicensed.
(b) No agent, broker,or limited representative shall make application for, procure, negotiate for,or place for others, any policies for any kinds of insurance as to which thatperson is not then qualified and duly licensed.
(c) Effective for newlicenses issued before January 1, 2008, an agent or broker may be licensed forthe following kinds of insurance:
(1) Life and healthinsurance, meaning:
a. Life‑insurancecoverage on human lives, including benefits of endowment and annuities, and mayinclude benefits in the event of death or dismemberment by accident andbenefits for disability income.
b. Variable life andvariable annuity products‑insurance coverage provided under variable lifeinsurance contracts and variable annuities.
c. Accident and healthor sickness‑insurance coverage for sickness, bodily injury, or accidentaldeath and may include benefits for disability income.
(2) Property andliability insurance, meaning:
a. Coverage for thedirect or consequential loss or damage to property of every kind.
b. Coverage againstlegal liability, including that for death, injury, or disability or damage toreal or personal property.
(3) Personal lines,meaning property and liability insurance coverage sold to individuals andfamilies for primarily noncommercial purposes.
(4) Medicare supplementinsurance and long‑term care insurance, as a supplement to a license forthe kinds of insurance listed in subdivision (1) of this subsection.
Theselines of authority shall remain applicable for holders of these licenses untilthe Commissioner provides applicable replacement licenses under the new linesthat will go into effect for new licenses on January 1, 2008. Replacementlicenses shall grant authority comparable to the licenses being replaced.
(c1) Effective forlicenses issued on or after January 1, 2008, an agent or broker may be licensedfor the following kinds of insurance:
(1) Accident and healthor sickness. Insurance coverage for sickness, bodily injury, or accidentaldeath and may include benefits for disability income.
(2) Casualty. Insurancecoverage against legal liability, including that for death, injury, ordisability, or damage to real or personal property.
(3) Limited lineinsurance.
(4) Life. Insurancecoverage on human lives, including benefits in the event of death ordismemberment by accident and benefits for disability income.
(5) Medicare supplementinsurance and long‑term care insurance, as a supplement to a license forthe kinds of insurance listed in subdivision (1) of this subsection.
(6) Personal lines. Propertyand casualty insurance coverage sold to individuals and families for primarilynoncommercial purposes.
(7) Property. Insurancecoverage for the direct or consequential loss or damage to property of everykind.
(8) Variable life andvariable annuity products. Insurance coverage provided under variable lifeinsurance contracts and variable annuities.
(9) Any other kind ofinsurance permitted under State laws or administrative rules.
(d) A person holding alicense or licenses for the kind or kinds of insurance specified in subsection(c1) of this section may sell, solicit, or negotiate only the kind or kinds ofinsurance for which that person is licensed.
(e) A variable life andvariable annuity products license authorizes a resident agent to sell, solicit,or negotiate variable contracts if the agent satisfies the Commissioner thatthe agent has met the FINRA requirements of the Secretary of State of NorthCarolina.
(f) An accident andhealth or sickness license authorizes a resident agent to sell, solicit, ornegotiate Medicare supplement and long‑term care insurance policies asdefined respectively in Articles 54 and 55 of this Chapter, provided that thelicensee takes and passes a supplemental written examination for the insuranceas provided in G.S. 58‑33‑30(e) and pays the supplementalregistration fee provided in G.S. 58‑33‑125(c).
(g) The Commissionermay issue one or more licenses without examination to individuals for limitedlines insurance per qualifications and application procedures defined in theadministrative rules.
(h) No licensed agent,broker, or limited representative shall sell, solicit, or negotiate anywhere inthe boundaries of this State, or receive or transmit an application or premiumof insurance, for a company not licensed to do business in this State, exceptas provided in G.S. 58‑28‑5 and Article 21 of this Chapter.
(i) No agent shallplace a policy of insurance with any insurer unless the agent has a currentappointment as agent for the insurer in accordance with G.S. 58‑33‑40or has a valid temporary license issued in accordance with G.S. 58‑33‑66.
(j) A business entitythat sells, solicits, or negotiates insurance shall be licensed in accordancewith G.S. 58‑33‑31(b). Every member of the partnership and everyofficer, director, stockholder, and employee of the business entity personallyengaged in this State in selling, soliciting, or negotiating policies ofinsurance shall qualify as an individual licensee. A business entity licenseshall expire on March 31 of each year unless the business entity pays therenewal fee.
(k) The license shallstate the name and an identifying number of the licensee, date of issue, kindor kinds of insurance covered by the license, and any other information as theCommissioner deems to be proper.
(l) A license issuedto an agent authorizes him to act until his license is otherwise suspended orrevoked. Upon the suspension or revocation of a license, the licensee or anyperson having possession of such license shall return it to the Commissioner.
(m) A license of a broker,limited representative, adjuster, or motor vehicle damage appraiser shall berenewed on April 1 each year, and renewal fees shall be paid. The Commissioneris not required to print licenses for the purpose of renewing licenses. TheCommissioner may establish for licenses "staggered" license renewaldates that will apportion renewals throughout each calendar year. If the systemof staggered licensing is adopted, the Commissioner may extend the licensureperiod for some licensees. License renewal fees prescribed by G.S. 58‑33‑125shall be prorated to the extent they are commensurate with extensions.
(n) A license as aninsurance producer is not required of the following:
(1) An officer,director, or employee of an insurer or of an insurance producer, provided thatthe officer, director, or employee does not receive any commission on policieswritten or sold to insure risks residing, located, or to be performed in thisState, except for indirect receipt of proceeds of commissions in the form ofsalary, benefits, or distributions, and:
a. The officer,director, or employee's activities are executive, administrative, managerial,clerical, or a combination of these, and are only indirectly related to thesale, solicitation, or negotiation of insurance; or
b. The officer,director, or employee's function relates to underwriting, loss control,inspection, or the processing, adjusting, investigating, or settling of a claimon a contract of insurance; or
c. The officer,director, or employee is acting in the capacity of a special agent or agencysupervisor assisting insurance producers where the person's activities arelimited to providing technical advice and assistance to licensed insuranceproducers and do not include the sale, solicitation, or negotiation of insurance.
(2) A person who securesand furnishes information for the purpose of group life insurance, groupproperty and casualty insurance, group annuities, group or blanket accident andhealth insurance; or for the purpose of enrolling individuals under plans;issuing certificates under plans or otherwise assisting in administering plans;or performs administrative services related to mass‑marketed property andcasualty insurance; where no commission is paid to the person for the service.
(3) An employer orassociation or its officers, directors, employees, or the trustees of anemployee trust plan, to the extent that the employers, officers, employees,director, or trustees are engaged in the administration or operation of aprogram of employee benefits for the employer's or association's own employeesor the employees of its subsidiaries or affiliates, which program involves theuse of insurance issued by an insurer, as long as the employers, associations,officers, directors, employees, or trustees are not in any manner compensated,directly or indirectly, by the company issuing the contracts.
(4) Employees ofinsurers or organizations employed by insurers who are engaging in theinspection, rating, or classification of risks, or in the supervision of thetraining of insurance producers and who are not individually engaged in thesale, solicitation, or negotiation of insurance.
(5) A person whoseactivities in this State are limited to advertising without the intent tosolicit insurance in this State through communications in printed publicationsor other forms of electronic mass media whose distribution is not limited toresidents of this State, provided that the person does not sell, solicit, ornegotiate insurance that would insure risks residing, located, or to beperformed in this State.
(6) A person who is nota resident of this State who sells, solicits, or negotiates a contract ofinsurance for commercial property and casualty risks to an insured with riskslocated in more than one state insured under that contract, provided that thatperson is otherwise licensed as an insurance producer to sell, solicit, ornegotiate that insurance in the state where the insured maintains its principalplace of business and the contract of insurance insures risks located in thatstate.
(7) A salaried full‑timeemployee who counsels or advises his or her employer relative to the insuranceinterests of the employer or of the subsidiaries or business affiliates of theemployer provided that the employee does not sell or solicit insurance orreceive a commission.
(8) Licensed insurersauthorized to write the kinds of insurance described in G.S. 58‑7‑15(1)through G.S. 58‑7‑15(3) that do business without the involvement ofa licensed agent.
(9) A person indirectlyreceiving proceeds of commissions as part of the transfer of insurance businessor in the form of retirement or similar benefits.
(o) Nothing in thisArticle requires an insurer to obtain an insurance producer license. In thissubsection, "insurer" does not include an insurer's officers,directors, employees, subsidiaries, or affiliates.
(p) An individual shallnot simultaneously hold a property, casualty, or personal lines insurancelicense and an adjuster's license in this State. An individual who holds aproperty, casualty, or personal lines insurance license may apply for anadjuster license without having to take the adjuster examination in G.S. 58‑33‑30(e)if the individual applies for the adjuster license within 60 days aftersurrendering the property, casualty, or personal lines insurance license. Anindividual who holds an adjuster license may apply for a property and liabilityinsurance license without having to take the property and liability insuranceagent examination in G.S. 58‑33‑30(e) if the individual applies forthe property, casualty, or personal lines insurance license within 60 daysafter surrendering the adjuster license. (2001‑203, s. 6; 2007‑507, s. 1; 2009‑383,s. 1; 2009‑566, ss. 2, 3.)
(a) No person shall actas or hold himself or herself out to be an agent, broker, limitedrepresentative, adjuster, or motor vehicle damage appraiser unless dulylicensed.
(b) No agent, broker,or limited representative shall make application for, procure, negotiate for,or place for others, any policies for any kinds of insurance as to which thatperson is not then qualified and duly licensed.
(c) Effective for newlicenses issued before January 1, 2008, an agent or broker may be licensed forthe following kinds of insurance:
(1) Life and healthinsurance, meaning:
a. Life‑insurancecoverage on human lives, including benefits of endowment and annuities, and mayinclude benefits in the event of death or dismemberment by accident andbenefits for disability income.
b. Variable life andvariable annuity products‑insurance coverage provided under variable lifeinsurance contracts and variable annuities.
c. Accident and healthor sickness‑insurance coverage for sickness, bodily injury, or accidentaldeath and may include benefits for disability income.
(2) Property andliability insurance, meaning:
a. Coverage for thedirect or consequential loss or damage to property of every kind.
b. Coverage againstlegal liability, including that for death, injury, or disability or damage toreal or personal property.
(3) Personal lines,meaning property and liability insurance coverage sold to individuals andfamilies for primarily noncommercial purposes.
(4) Medicare supplementinsurance and long‑term care insurance, as a supplement to a license forthe kinds of insurance listed in subdivision (1) of this subsection.
Theselines of authority shall remain applicable for holders of these licenses untilthe Commissioner provides applicable replacement licenses under the new linesthat will go into effect for new licenses on January 1, 2008. Replacementlicenses shall grant authority comparable to the licenses being replaced.
(c1) Effective forlicenses issued on or after January 1, 2008, an agent or broker may be licensedfor the following kinds of insurance:
(1) Accident and healthor sickness. Insurance coverage for sickness, bodily injury, or accidentaldeath and may include benefits for disability income.
(2) Casualty. Insurancecoverage against legal liability, including that for death, injury, ordisability, or damage to real or personal property.
(3) Limited lineinsurance.
(4) Life. Insurancecoverage on human lives, including benefits in the event of death ordismemberment by accident and benefits for disability income.
(5) Medicare supplementinsurance and long‑term care insurance, as a supplement to a license forthe kinds of insurance listed in subdivision (1) of this subsection.
(6) Personal lines. Propertyand casualty insurance coverage sold to individuals and families for primarilynoncommercial purposes.
(7) Property. Insurancecoverage for the direct or consequential loss or damage to property of everykind.
(8) Variable life andvariable annuity products. Insurance coverage provided under variable lifeinsurance contracts and variable annuities.
(9) Any other kind ofinsurance permitted under State laws or administrative rules.
(d) A person holding alicense or licenses for the kind or kinds of insurance specified in subsection(c1) of this section may sell, solicit, or negotiate only the kind or kinds ofinsurance for which that person is licensed.
(e) A variable life andvariable annuity products license authorizes a resident agent to sell, solicit,or negotiate variable contracts if the agent satisfies the Commissioner thatthe agent has met the FINRA requirements of the Secretary of State of NorthCarolina.
(f) An accident andhealth or sickness license authorizes a resident agent to sell, solicit, ornegotiate Medicare supplement and long‑term care insurance policies asdefined respectively in Articles 54 and 55 of this Chapter, provided that thelicensee takes and passes a supplemental written examination for the insuranceas provided in G.S. 58‑33‑30(e) and pays the supplementalregistration fee provided in G.S. 58‑33‑125(c).
(g) The Commissionermay issue one or more licenses without examination to individuals for limitedlines insurance per qualifications and application procedures defined in theadministrative rules.
(h) No licensed agent,broker, or limited representative shall sell, solicit, or negotiate anywhere inthe boundaries of this State, or receive or transmit an application or premiumof insurance, for a company not licensed to do business in this State, exceptas provided in G.S. 58‑28‑5 and Article 21 of this Chapter.
(i) No agent shallplace a policy of insurance with any insurer unless the agent has a currentappointment as agent for the insurer in accordance with G.S. 58‑33‑40or has a valid temporary license issued in accordance with G.S. 58‑33‑66.
(j) A business entitythat sells, solicits, or negotiates insurance shall be licensed in accordancewith G.S. 58‑33‑31(b). Every member of the partnership and everyofficer, director, stockholder, and employee of the business entity personallyengaged in this State in selling, soliciting, or negotiating policies ofinsurance shall qualify as an individual licensee. A business entity licenseshall expire on March 31 of each year unless the business entity pays therenewal fee.
(k) The license shallstate the name and an identifying number of the licensee, date of issue, kindor kinds of insurance covered by the license, and any other information as theCommissioner deems to be proper.
(l) A license issuedto an agent authorizes him to act until his license is otherwise suspended orrevoked. Upon the suspension or revocation of a license, the licensee or anyperson having possession of such license shall return it to the Commissioner.
(m) A license of a broker,limited representative, adjuster, or motor vehicle damage appraiser shall berenewed on April 1 each year, and renewal fees shall be paid. The Commissioneris not required to print licenses for the purpose of renewing licenses. TheCommissioner may establish for licenses "staggered" license renewaldates that will apportion renewals throughout each calendar year. If the systemof staggered licensing is adopted, the Commissioner may extend the licensureperiod for some licensees. License renewal fees prescribed by G.S. 58‑33‑125shall be prorated to the extent they are commensurate with extensions.
(n) A license as aninsurance producer is not required of the following:
(1) An officer,director, or employee of an insurer or of an insurance producer, provided thatthe officer, director, or employee does not receive any commission on policieswritten or sold to insure risks residing, located, or to be performed in thisState, except for indirect receipt of proceeds of commissions in the form ofsalary, benefits, or distributions, and:
a. The officer,director, or employee's activities are executive, administrative, managerial,clerical, or a combination of these, and are only indirectly related to thesale, solicitation, or negotiation of insurance; or
b. The officer,director, or employee's function relates to underwriting, loss control,inspection, or the processing, adjusting, investigating, or settling of a claimon a contract of insurance; or
c. The officer,director, or employee is acting in the capacity of a special agent or agencysupervisor assisting insurance producers where the person's activities arelimited to providing technical advice and assistance to licensed insuranceproducers and do not include the sale, solicitation, or negotiation of insurance.
(2) A person who securesand furnishes information for the purpose of group life insurance, groupproperty and casualty insurance, group annuities, group or blanket accident andhealth insurance; or for the purpose of enrolling individuals under plans;issuing certificates under plans or otherwise assisting in administering plans;or performs administrative services related to mass‑marketed property andcasualty insurance; where no commission is paid to the person for the service.
(3) An employer orassociation or its officers, directors, employees, or the trustees of anemployee trust plan, to the extent that the employers, officers, employees,director, or trustees are engaged in the administration or operation of aprogram of employee benefits for the employer's or association's own employeesor the employees of its subsidiaries or affiliates, which program involves theuse of insurance issued by an insurer, as long as the employers, associations,officers, directors, employees, or trustees are not in any manner compensated,directly or indirectly, by the company issuing the contracts.
(4) Employees ofinsurers or organizations employed by insurers who are engaging in theinspection, rating, or classification of risks, or in the supervision of thetraining of insurance producers and who are not individually engaged in thesale, solicitation, or negotiation of insurance.
(5) A person whoseactivities in this State are limited to advertising without the intent tosolicit insurance in this State through communications in printed publicationsor other forms of electronic mass media whose distribution is not limited toresidents of this State, provided that the person does not sell, solicit, ornegotiate insurance that would insure risks residing, located, or to beperformed in this State.
(6) A person who is nota resident of this State who sells, solicits, or negotiates a contract ofinsurance for commercial property and casualty risks to an insured with riskslocated in more than one state insured under that contract, provided that thatperson is otherwise licensed as an insurance producer to sell, solicit, ornegotiate that insurance in the state where the insured maintains its principalplace of business and the contract of insurance insures risks located in thatstate.
(7) A salaried full‑timeemployee who counsels or advises his or her employer relative to the insuranceinterests of the employer or of the subsidiaries or business affiliates of theemployer provided that the employee does not sell or solicit insurance orreceive a commission.
(8) Licensed insurersauthorized to write the kinds of insurance described in G.S. 58‑7‑15(1)through G.S. 58‑7‑15(3) that do business without the involvement ofa licensed agent.
(9) A person indirectlyreceiving proceeds of commissions as part of the transfer of insurance businessor in the form of retirement or similar benefits.
(o) Nothing in thisArticle requires an insurer to obtain an insurance producer license. In thissubsection, "insurer" does not include an insurer's officers,directors, employees, subsidiaries, or affiliates.
(p) An individual shallnot simultaneously hold a property, casualty, or personal lines insurancelicense and an adjuster's license in this State. An individual who holds aproperty, casualty, or personal lines insurance license may apply for anadjuster license without having to take the adjuster examination in G.S. 58‑33‑30(e)if the individual applies for the adjuster license within 60 days aftersurrendering the property, casualty, or personal lines insurance license. Anindividual who holds an adjuster license may apply for a property and liabilityinsurance license without having to take the property and liability insuranceagent examination in G.S. 58‑33‑30(e) if the individual applies forthe property, casualty, or personal lines insurance license within 60 daysafter surrendering the adjuster license. (2001‑203, s. 6; 2007‑507, s. 1; 2009‑383,s. 1; 2009‑566, ss. 2, 3.)
