2020 New York Laws
ISC - Insurance
Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries
2139 - Title Insurance Agents; Licensing.

§  2139. Title insurance agents; licensing. (a) The superintendent may
issue a license to any person, firm, association or corporation that has
complied with the requirements of this chapter, authorizing the licensee
to act as a title insurance agent  of  any  authorized  title  insurance
corporation.
  (b)  Any  such license issued to a firm or association shall authorize
only the members thereof, named in such license as sub-licensees, to act
individually as title insurance agents thereunder, and any such  license
issued  to a corporation shall authorize only the officers and directors
thereof, named in such license as sub-licensees, to act individually  as
title  insurance  agents  thereunder. Every sub-licensee acting as title
insurance agent pursuant to such a license shall be authorized so to act
only in the name of the licensee. At least one  designated  sub-licensee
must have a financial or other beneficial interest in the licensee.
  (c)  Every  individual  applicant for a license under this section and
every proposed licensee shall be eighteen years of age or older  at  the
time of the issuance of such license.
  (d)  Before  any  original  title insurance agent's license is issued,
there  shall  be  on  file  in  the  office  of  the  superintendent  an
application  by  the  prospective  licensee  in  such  form or forms and
supplements thereto, along with a fee in the amount of forty dollars for
each year or fraction of a year in which the license shall be valid, and
containing information the superintendent prescribes.
  (e) The superintendent shall, in order to determine the competency  of
every  individual  applicant  and of every proposed sub-licensee for the
title insurance agent license, require such individual to  submit  to  a
personal written examination and to pass the same to the satisfaction of
the  superintendent.  The  examination  shall  be held at such times and
places as the superintendent shall from time to  time  determine.  Every
individual  applying  to take any written examination shall, at the time
of applying therefor, pay to the superintendent or, at the discretion of
the superintendent, directly to any organization that is under  contract
to provide examination services, an examination fee of an amount that is
the  actual documented administrative cost of conducting said qualifying
examination as certified by the superintendent from  time  to  time.  An
examination  fee  represents  an administrative expense and shall not be
refundable.  The  superintendent  may  accept,  in  lieu  of  any   such
examination,  the  result  of any previous written examination, given by
the  superintendent,  which  in  the   superintendent's   judgment,   is
equivalent to the examination for which it is substituted.
  (f)  Every  individual  seeking  to  qualify to obtain a license under
subsection (b) of this section shall be required to  pass  the  type  or
types  of  examination  prescribed  by the superintendent. An individual
shall not be  deemed  qualified  to  take  the  examination  unless  the
individual  has  successfully completed a course or courses, approved as
to  method  and  content  by  the  superintendent,  covering  the  title
insurance business and requiring not less than twenty hours of classroom
work  or  the  equivalent in correspondence work or similar instruction.
Such course or courses shall have been given by an  institution  meeting
the  standards  prescribed  by  subparagraph  (A)  of  paragraph  one of
subsection (c) of section two thousand one hundred four of this article.
  (g) No such written examination or pre-licensing  education  shall  be
required of any:
  (1)  applicant  who files an application under this section within one
year after the effective date of this subsection and who demonstrates to
the satisfaction of  the  superintendent  that  such  applicant  or  its
prospective   sub-licensee  has,  without  interruption,  regularly  and
continuously performed the functions of a title insurance  agent  for  a

period  of  at least five years immediately preceding the filing of such
application and is competent and trustworthy to act as a title insurance
agent;
  (2)  applicant  who  has  passed  the written examination given by the
superintendent for a title insurance agent's license and was licensed as
such, or of an applicant who was licensed as a title insurance agent but
did not pass such an examination, provided the applicant applies  within
two  years following the date of termination of the applicant's license;
or
  (3) applicant seeking to obtain a license as a title insurance  agent,
when such applicant is a licensed attorney-at-law in this state provided
that such attorney is in good standing with the New York state office of
court administration.
  (h)  The  superintendent  may  refuse to issue to an applicant a title
insurance agent's license if,  in  the  superintendent's  judgment,  the
proposed licensee or any sub-licensee:
  (1) is not trustworthy and competent to act as such agent;
  (2)  has  given  cause  for  the  revocation  or  suspension of such a
license; or
  (3) has failed to comply with any prerequisite  for  the  issuance  of
such license.
  (i)  (1)  Every  license  issued  to  a  business  entity  pursuant to
subsection (a) of  this  section  shall  expire  on  June  thirtieth  of
odd-numbered years.
  (2) Every license issued to an individual born in an odd-numbered year
shall  expire  on  the  individual's birthday in each odd-numbered year.
Licenses issued to individuals born in even-numbered years shall  expire
on the individual's birthday in each even-numbered year.
  (3) Every license may be renewed for the ensuing period of twenty-four
months  upon  the  filing  of  an  application  in  conformity with this
subsection.
  (4) The license may be issued for all of such two year terms, or  upon
application made during any such term, for the balance thereof.
  (5)  Any  license  shall  be  considered  in  good standing within the
license term unless:
  (A) revoked or  suspended  by  the  superintendent  pursuant  to  this
article; or
  (B)  if at the expiration date of the license term, the licensee fails
to file a renewal application, provided the license was in good standing
during the term.
  (6) Before the renewal of any title insurance agent's license shall be
issued, the licensee shall have:
  (A) filed a completed renewal application in such form or  forms,  and
supplements   thereto,   and   containing   such   information   as  the
superintendent may prescribe; and
  (B) paid such fees as are prescribed in this section.
  (7) If an application for a renewal license shall have been filed with
the superintendent before the  expiration  of  such  license,  then  the
license  sought  to  be  renewed shall continue in full force and effect
either until the issuance by the superintendent of the  renewal  license
applied  for  or  until  five  days  after the superintendent shall have
refused to issue such renewal license and shall  have  given  notice  of
such  refusal to the applicant and to each proposed sub-licensee. Before
refusing to renew any such license, except on the ground of  failure  to
pass   a  written  examination,  the  superintendent  shall  notify  the
applicant of the superintendent's intention to do so and shall give  the
applicant a hearing.
  (8)  The  superintendent  may,  in issuing a renewal license, dispense
with the requirements  of  a  verified  application  by  any  individual
licensee or sub-licensee who, by reason of being engaged in any military
service  for  the  United States, is unable to make personal application
for such renewal license, upon the filing of an application on behalf of
such  individual, in such form as the superintendent shall prescribe, by
some person or persons who in his or her judgment have knowledge of  the
facts  and  who  make  affidavit  showing  such military service and the
inability of such title insurance agent to make personal application.
  (9) An individual licensee or sub-licensee who  is  unable  to  comply
with  license renewal procedures due to other extenuating circumstances,
such as a long-term medical disability, may request  a  waiver  of  such
procedures,  in  such  form  as  the superintendent shall prescribe. The
licensee or sub-licensee may also request a waiver  of  any  examination
requirement  or any other fine or sanction imposed for failure to comply
with renewal procedures.
  (10) An application for the renewal of a license shall be  filed  with
the  superintendent  not  less  than  sixty  days  prior to the date the
license expires or the applicant shall be subject to a  further  fee  of
ten dollars for late filing.
  (11)  No  license  fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall  have  been  discharged  therefrom  under  conditions  other  than
dishonorable,  or  (B) has a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received  a  discharge
other  than  bad  conduct or dishonorable from such service, or (C) is a
discharged LGBT veteran, as defined in section three  hundred  fifty  of
the  executive  law, and has received a discharge other than bad conduct
or dishonorable from such service, in a current licensing period for the
duration of such period.
  (12) Except where a corporation, association or  firm  licensed  as  a
title  insurance  agent is applying to add a sub-licensee or the date of
the expiration of the license is changed, there shall be no fee required
for the issuance of an amended license.
  (13)  The  superintendent  may  issue  a  replacement  license  for  a
currently  in-force license that has been lost or destroyed. Before such
replacement license shall be issued, there  shall  be  on  file  in  the
office  of the superintendent a written application for such replacement
license, affirming under penalty of perjury that  the  original  license
has been lost or destroyed, together with a fee of fifteen dollars.
  (j)  The  superintendent  may  refuse  to  issue  a license or renewal
license, as the case may be, to  any  applicant  if  the  superintendent
finds that the applicant has been or will be:
  (1)  receiving  any  benefit  or advantage in violation of section six
thousand four hundred nine of this chapter; or
  (2) acting in a manner inconsistent with:
  (A)  regulations  by  the  superintendent  which  are  promulgated  in
accordance  with  the  relevant  provisions  of  the federal real estate
settlement procedures act of 1974, as amended; or
  (B) section twenty-one hundred thirteen of this article.
  (k) For the purposes of this chapter, any person or entity  performing
any activity related to the procurement or issuance of a title insurance
policy,  as  the  result  of an authorization or request from a licensed
title agent or title insurance corporation,  shall  be  presumed  to  be
acting  under  the  authority  of such licensed agent or title insurance
corporation, for the purpose of performing such activity  so  authorized
or requested.