Title 33, Chapter 49, Section 3
( 33-49-3)
(a) No person, firm, association, or corporation shall act as a
broker in this state if the broker maintains an office either
directly or as a member or employee of a firm or association or as
an officer, director, or employee of a corporation: (1) In this state, unless such broker is a licensed producer in
this state; or (2) In another state, unless such broker is a licensed producer in
this state or another state having a law substantially similar to
this chapter or unless such broker is licensed in this state as a
nonresident reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a
manager: (1) For a reinsurer domiciled in this state, unless such manager
is a licensed producer in this state; (2) In this state, if the manager maintains an office either
directly or as a member or employee of a firm or association or as
an officer, director, or employee of a corporation in this state,
unless such manager is a licensed producer in this state; (3) In another state for a nondomestic insurer, unless such
manager is a licensed producer in this state or another state
having a law substantially similar to this chapter or such person
is licensed in this state as a nonresident reinsurance
intermediary. (c) The Commissioner may require a manager subject to subsection (b)
of this Code section to: (1) File a bond in an amount from an insurer acceptable to the
Commissioner for the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount
acceptable to the Commissioner. (d)(1) The Commissioner may issue a reinsurance intermediary
license to any person, firm, association, or corporation who has
complied with the requirements of this chapter. Any such license
issued to a firm or association will authorize all the members of
such firm or association and any designated employees to act as
reinsurance intermediaries under the license, and all such
authorized persons shall be named in the application and any
supplements thereto. 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 authorized persons shall
be named in the application and any supplements thereto. (2) If the applicant for a reinsurance intermediary license is a
nonresident, such applicant, as a condition precedent to receiving
or holding a license, shall designate the Commissioner as agent
for service of process in the manner, and with the same legal
effect, provided for by this chapter for designation of service of
process upon unauthorized insurers; and also shall furnish the
Commissioner with the name and address of a resident of this state
upon whom notices or orders of the Commissioner or process
affecting such nonresident reinsurance intermediary may be served.
Such licensee shall promptly notify the Commissioner in writing of
every change in its designated agent for service of process, and
such change shall not become effective until acknowledged by the
Commissioner. (e) The Commissioner may refuse to issue a reinsurance intermediary
license if in his judgment the applicant; any person named on the
application; any member, principal, officer, or director of the
applicant; or 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. Upon written request therefor, the
Commissioner will furnish a summary of the basis for refusal to
issue a license, which document shall be privileged and not subject
to Article 4 of Chapter 18 of Title 50, relating to the inspection
of public records. (f) Licensed attorneys at law of this state when acting in their
professional capacity as such shall be exempt from this Code
section. |