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304.9-150 Application for license issued under this subtitle, surplus lines broker
license, life settlement broker license, or life settlement provider license.
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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
applicant. Applications under this subsection shall be certified by the applicant as
true, correct, and complete to the best of the applicant's knowledge and belief under
penalty of perjury and under penalty of refusal, suspension, or revocation of the
license.
The form of application shall require full answers to any questions as may be
reasonably necessary to determine the applicant's identity, residence, personal
history, business record, financial responsibility, experience in insurance, purpose
for which the license is to be used, and other facts as required by the commissioner
to determine whether the applicant meets the applicable qualifications for the
license applied for.
The application shall state the kinds of insurance and any applicable lines of
authority proposed to be transacted.
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
applicant shall attach to the application a copy of his or her legal work authorization
document.
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
in an administrative proceeding regarding any professional or occupational license;
whether the applicant has a history of not being financially responsible; whether the
applicant has any delinquent tax obligation that is not the subject of a repayment
agreement; whether the applicant is currently charged with or has ever been found
liable of fraud, misappropriation, conversion of funds, misrepresentation, or breach
of fiduciary duty; whether the applicant has child support obligations in arrearage or
is subject to a child support-related subpoena or warrant; and whether the applicant
has ever had a business relationship with an insurer terminated for any alleged
misconduct, and the facts thereof.
The commissioner may require additional information or submissions from
applicants and may obtain any documents or information reasonably necessary to
verify the information contained in an application.
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.
An individual designating Kentucky as his or her home state shall submit to the
commissioner the applicant's criminal background report from the Kentucky
Administrative Office of the Courts.
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
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
deceptively similar to, that of another business entity licensee already so authorized.
Effective: July 15, 2010
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
July 15, 2008. -- Amended 2005 Ky. Acts ch. 58, sec. 3, effective June 20, 2005; and
ch. 143, sec. 9, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 273, sec. 19,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 393, sec. 12, effective July
14, 2000. -- Amended 1998 Ky. Acts ch. 483, sec. 10, effective July 15, 1998. -Amended 1974 Ky. Acts ch. 386, sec. 58, effective June 21, 1974. -- Created 1970
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
codified together.
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