2009 Kentucky Revised Statutes Subtitle 9. Agents, Consultants, Solicitors and Adjusters 304.9.150 Application for license issued under this subtitle, surplus lines broker license, life settlement broker license, or life settlement provider license.
304.9-150 Application for license issued under this subtitle, surplus lines broker
license, life settlement broker license, or life settlement provider license.
(1) Application for a license issued under this subtitle, surplus lines broker license, life
settlement broker license, or life settlement provider license shall be made by the <br>applicant. Applications under this subsection shall be certified by the applicant as <br>true, correct, and complete to the best of the applicant's knowledge and belief under <br>penalty of perjury and under penalty of refusal, suspension, or revocation of the <br>license.
(2) The form of application shall require full answers to any questions as may be
reasonably necessary to determine the applicant's identity, residence, personal <br>history, business record, financial responsibility, experience in insurance, purpose <br>for which the license is to be used, and other facts as required by the commissioner <br>to determine whether the applicant meets the applicable qualifications for the <br>license applied for.
(3) The application shall state the kinds of insurance and any applicable lines of
authority proposed to be transacted.
(4) The application of a resident individual shall show whether the applicant is a citizen
of the United States. If the applicant is not a citizen of the United States, the <br>applicant shall attach to the application a copy of his or her legal work authorization <br>document.
(5) The application shall also show whether the applicant was ever convicted of or is
currently charged with committing a crime; whether the applicant was ever involved <br>in an administrative proceeding regarding any professional or occupational license; <br>whether the applicant has a history of not being financially responsible; whether the <br>applicant has any delinquent tax obligation that is not the subject of a repayment <br>agreement; whether the applicant is currently charged with or has ever been found <br>liable of fraud, misappropriation, conversion of funds, misrepresentation, or breach <br>of fiduciary duty; whether the applicant has child support obligations in arrearage or <br>is subject to a child support-related subpoena or warrant; and whether the applicant <br>has ever had a business relationship with an insurer terminated for any alleged <br>misconduct, and the facts thereof.
(6) The commissioner may require additional information or submissions from
applicants and may obtain any documents or information reasonably necessary to <br>verify the information contained in an application.
(7) All applications shall be accompanied by:
(a) The applicable license fee and examination fee, in the respective amounts
stated in KRS 304.4-010; and
(b) Documentation supporting affirmative answers to the questions posed in the
background section.
(8) An individual designating Kentucky as his or her home state shall submit to the
commissioner the applicant's criminal background report from the Kentucky <br>Administrative Office of the Courts.
(9) No applicant for any license shall willfully misrepresent or withhold any fact or
information called for in the application form or in connection therewith.
(10) If the licensee is a business entity, the licensee shall notify the commissioner of all
changes among its members, directors, officers and other individuals designated in <br>or registered as to the license, within thirty (30) days of such change.
(11) A business entity applicant or licensee shall not be authorized to transact insurance
in Kentucky if that applicant or licensee has or uses a name which is the same as, or <br>deceptively similar to, that of another business entity licensee already so authorized.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 1054, effective July 15, 2010; and ch. 83,
sec. 4, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 32, sec. 14, effective <br>July 15, 2008. -- Amended 2005 Ky. Acts ch. 58, sec. 3, effective June 20, 2005; and <br>ch. 143, sec. 9, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 273, sec. 19, <br>effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 393, sec. 12, effective July <br>14, 2000. -- Amended 1998 Ky. Acts ch. 483, sec. 10, effective July 15, 1998. -- <br>Amended 1974 Ky. Acts ch. 386, sec. 58, effective June 21, 1974. -- Created 1970 <br>Ky. Acts ch. 301, subtit. 9, sec. 15, effective June 18, 1970.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 24 and 83, which do not appear to be in conflict and have been <br>codified together.
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