§431:9A-106  Application for license (a)  A person applying for an insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of denial, suspension, or revocation of the license that the statements made in the application are true, accurate, and complete to the best of the applicant’s knowledge and belief.  Before approving the application, the commissioner shall find that the applicant:

     (1)  Is at least eighteen years of age;

     (2)  Has not committed any act that is a ground for a licensure sanction set forth in § 431:9A-112;

     (3)  Has paid the applicable fees set forth in § 431:7-101;

     (4)  Has passed, within the two years immediately preceding the issuance of the license, the applicable examination for each line of authority for which the applicant has applied; and

     (5)  Has submitted a full set of fingerprints, including a scanned file from a hard copy fingerprint, for the commissioner to obtain and receive national and state criminal history record checks from the Federal Bureau of Investigation and the Hawaii criminal justice data center, pursuant to § 846-2.7.

Terms Used In Hawaii Revised Statutes 431:9A-106

  • Business entity: means an association, corporation, limited liability company, limited liability partnership, partnership, or other legal entity. See Hawaii Revised Statutes 431:9A-102
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 431:9A-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • License: means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Hawaii Revised Statutes 431:9A-102
  • Line of authority: means a category of insurance products, as set forth in § 431:9A-107(a), which an insurance producer may be licensed to sell pursuant to this article. See Hawaii Revised Statutes 431:9A-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • producer: means a person required to be licensed under the laws of this State to sell, solicit, or negotiate insurance. See Hawaii Revised Statutes 431:9A-102
  • Uniform application: means the current version of National Association of Insurance Commissioners' uniform application for resident and nonresident producer licensing. See Hawaii Revised Statutes 431:9A-102
  • Uniform business entity application: means the current version of National Association of Insurance Commissioners' uniform business entity application for resident and nonresident business entities. See Hawaii Revised Statutes 431:9A-102

     (b)  A business entity acting as an insurance producer is required to obtain an insurance producer license.  Application shall be made using the uniform business entity application.  Before approving the application, the commissioner shall find that:

     (1)  The business entity has paid all applicable fees;

     (2)  The business entity has designated a licensed producer who is a natural person responsible for the business entity’s compliance with the insurance laws and rules of this State; and

     (3)  Any licensed producer so designated or empowered by a corporation or partnership may not be so designated or empowered by more than one corporation or partnership, except when the corporations or partnerships are affiliates of each other.

     As used herein:

     “Control” has the same meaning as in § 431:11-102.

     “Corporation or partnership” includes an affiliate of another corporation or partnership, if the same person, directly or indirectly through one or more intermediaries, controls both corporations or partnerships.

     (c)  The commissioner may require any documents reasonably necessary to verify the information contained in an application.