Kentucky Statutes 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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(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 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.
(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 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.
(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 applicant shall attach to the application a copy of his or her legal work authorization 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 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.
(6) 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.
(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 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 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.
(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 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.
Terms Used In Kentucky Statutes 304.9-150
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, employer group, professional employer organization, or other legal entity. See Kentucky Statutes 304.9-020
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- Home state: means the District of Columbia and any state or territory of the United States in which a licensee maintains his or her principal place of residence or principal place of business and is licensed by that state. See Kentucky Statutes 304.9-020
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Subpoena: A command to a witness to appear and give testimony.
(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 applicant shall attach to the application a copy of his or her legal work authorization 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 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.
(6) 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.
(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 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 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.