Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS HEADING: PL 1997, C. 457, §23 (NEW); 2001, C. 259, §1 (RPR)
Subchapter 2: GENERAL LICENSING REQUIREMENTS FOR PRODUCERS, ADJUSTERS, CONSULTANTS AND BUSINESS ENTITIES HEADING: PL 1997, C. 457, §23
(NEW); 2001, C. 259, §10 (RPR)
§1413. License requirement for business entities
1.License required. A business entity, whether it has a location in this State or not, must be licensed as an insurance producer, adjuster or
consultant business entity in order to authorize individual licensees to act on the entity's behalf by engaging in insurance
producer, adjuster or consultant activities or in order to use the name of the business entity in insurance-related advertising
in the State. A business entity has no authority to act on its own without an individual licensee. A license authority held
by an individual licensee employed by a business entity does not transfer to other employees within that business entity.
Licensure of a nonresident business entity does not depend upon the entity's maintaining a business entity license in another
state. Business entity licensees are subject to the standards of section 407, subsection 2, when applicable, and section
408, subsections 1 and 4.
[
2001, c. 259, §14 (AMD)
.]
2.Officers; directors; members; partners. A business entity shall notify the superintendent of its members, directors, officers or partners within 14 days of a request
for such information by the superintendent.
[
2001, c. 259, §14 (AMD)
.]
3.Responsible person. Each officer or director of a corporation, each officer and member of a limited liability company and each partner of a
partnership who is acting as an insurance producer, adjuster or consultant shall obtain an insurance producer, adjuster, or
consultant license. Officers, members and partners do not have to be individually licensed if they are not engaging in producer
activities, are not acting as consultants or adjusters and are not being compensated based upon the volume of insurance business
transacted. At least one individual licensee must be designated responsible for the business entity's compliance with the
insurance laws and rules of this State. The responsible person shall ensure that every individual acting in the name of the
entity does not act beyond the scope of that individual's license. The designated responsible person for each business entity
shall maintain a list of all current home addresses and home telephone numbers for each individual designated to act in the
name of the entity. The business entity shall notify the superintendent, within 14 days of every change of the designated
licensed person responsible for the entity's compliance with laws and rules of this State. The designated responsible person
is responsible for all correspondence with the business entity from the superintendent. If the responsible person in a business
entity loses that person's license, the business entity license terminates if a new person is not designated as responsible
for the business entity within 14 days.
[
2001, c. 259, §14 (AMD)
.]
4.Authority. Whenever a business entity changes the individuals designated to act in the name of the entity, the entity shall notify
the superintendent within 30 days of those changes.
[
2001, c. 259, §14 (AMD)
.]
5.Resident branch offices. A resident business entity establishing more than one place of business in this State must procure a business entity branch
registration for each location within the State. A resident branch office is any office location other than the location
of the licensed business entity that regularly conducts insurance business or that is advertised as a location where the public
may contact the business entity or its employees concerning insurance services. An office location that meets this definition
that is itself a separate legal entity from the licensed business entity must obtain a separate business entity license and
can not be registered as a branch office. The licensed person designated as responsible for the business entity is responsible
for all branch locations.
[
2001, c. 259, §14 (AMD)
.]
6.Nonresident branch locations. A nonresident business entity doing business in this State shall procure a business entity license for its principal location
and a branch office registration for each location doing business in the State. The licensed person designated as responsible
for the business entity is responsible for all such branch locations.
[
2001, c. 259, §14 (AMD)
.]
7.Applications.
[
MRSA T. 24-A, §1413, sub-§7 (RP)
.]
8.Motor vehicle rental company. A rental company that primarily provides rental of motor vehicles to the public under a rental agreement that includes travel,
baggage, liability or other related insurance coverage purchased by an individual in connection with and incidental to the
rental of a motor vehicle, whether at the rental office or by preselection of coverage by the individual, shall obtain a limited
insurance producer license under this chapter, and at least one employee at each office of the rental company located in the
State shall obtain a limited insurance producer license.
[
1999, c. 270, §3 (NEW)
.]
SECTION HISTORY
1997, c. 457, §23 (NEW).
1997, c. 592, §20 (AMD).
1997, c. 457, §55 (AFF).
1999, c. 270, §3 (AMD).
2001, c. 259, §14 (AMD).
MRSA T.24A ., §1413/7 (AMD).
Data for this page extracted on 11/09/2009 11:20:25.