reglab/housing_qa huggingface dataset:
CO Code § 10-11-123 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 1 - Title Insurance Code|§ 10-11-123. Notification of Severed Mineral Estates

  For purposes of this section:   “Mineral estate” means a mineral interest in real property.    “Severed” means that the surface owner does not own all or any part of the mineral estate.    “Surface estate” means an interest in real property that does not include the full mineral estate as shown by recorded documents that impart constructive notice in the office of the clerk and recorder of the county in which the real property is situated.    “Surface owner” means the owner of the surface estate and any purchaser with rights under a contract to purchase all or part of the surface estate.       A title insurance agent or title insurance company shall provide, as part of each title commitment for the issuance of an owner's title insurance policy, the following written statement when it is determined that a mineral estate has been severed from the surface estate:   That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and    That such mineral estate may include the right to enter and use the property without the surface owner's permission.       In determining compliance with this section, a title insurance agent or title insurance company may rely on recorded documents that impart constructive notice in the office of the clerk and recorder of the county in which the real property is situated and shall not be liable for any errors or omissions in such records.    A title insurance company or title insurance agent may rely on any document purporting to sever mineral interests to act as notice of such severance when such document is recorded in the office of the county clerk and recorder in the county in which the real property is situated.    A title insurance agent or title insurance company shall be deemed to be in compliance with this section when it relies on any document purporting to sever mineral interests or to act as notice of such severance when such document is recorded in the office of the county clerk and recorder of the county in which the real property is situated. No title insurance agent or title insurance company shall be liable for obligations above, or for an amount in excess of, those stated in the owner's policy of title insurance issued pursuant to the commitment for failure to comply with the provision of subsection (2) of this section.     History. Source: L. 2001: Entire section added, p. 485, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Tension Beneath the Surface: The Evolving Relationship Between Surface and Mineral Estates”, see 30 Colo. Law. 67 (Dec. 2001).
CO Code § 10-11-124 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 1 - Title Insurance Code|§ 10-11-124. Affiliated Business Arrangements - Rules - Investigative Information Shared With Division of Real Estate

     An affiliated business arrangement is permitted where the person referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 10-11-108 (1).    A title insurance company or a title insurance agent making a referral as part of an affiliated business arrangement shall disclose the affiliation in accordance with the federal “Real Estate Settlement Procedures Act of 1974”, as amended, 12 U.S.C. sec. 2601 et seq.    Neither a title insurance company nor a title insurance agent shall require the use of an affiliated business arrangement or a particular settlement producer as a condition of obtaining title insurance services from the company or agent. For the purposes of this paragraph (c), “require the use” shall have the same meaning as “required use” in 12 CFR 1024.2.       The commissioner may promulgate rules concerning the creation and conduct of an affiliated business arrangement, including, but not limited to, rules defining what constitutes a sham affiliated business arrangement. Nothing in this subsection (2) shall be construed to increase a fee or create a licensure program for affiliated business arrangements. The commissioner shall adopt the rules, policies, or guidelines issued by the United States department of housing and urban development concerning the federal “Real Estate Settlement Procedures Act of 1974”, as amended, 12 U.S.C. sec. 2601 et seq. Rules adopted by the commissioner shall be at least as stringent as the federal rules and shall ensure that consumers are adequately informed about affiliated business arrangements. The commissioner shall consult with the real estate commission pursuant to section 12-10-218 (5) concerning rules the real estate commission may promulgate concerning affiliated business arrangements. Neither the rules promulgated by the commissioner nor the real estate commission may create a conflicting regulatory burden on an affiliated business arrangement.    The division may share information gathered during an investigation of an affiliated business arrangement with the division of real estate.     History. Source: L. 2006: Entire section added, p. 266, § 2, effective July 1. L. 2007: (1)(b) and (2) amended, p. 2019, § 10, effective June 1. L. 2019: (2) amended,(HB 19-1172), ch. 136, p. 1652, § 38, effective October 1. L. 2020: (1)(c) amended,(HB 20-1402), ch. 216, p. 1043, § 15, effective June 30.    ANNOTATION   Law reviews. For article, “Affiliated Business Arrangements: Compliance with RESPA and H.B. 06-1141”, see 35 Colo. Law. 65 (Nov. 2006).
CO Code § 10-11-125 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 1 - Title Insurance Code|§ 10-11-125. Fees, Salaries, Compensation, or Other Payments

  Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit payment of a fee to:   An attorney for services actually rendered;    A title insurance company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance; or    A lender to its duly appointed agent for services actually performed in the making of a loan.       Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit payment to any person of:   A bona fide salary or compensation or other payment for goods or facilities actually furnished or for services actually performed; or    A fee pursuant to cooperative brokerage and referral arrangements or agreements between real estate brokers.       It shall not be a violation of section 10-11-124:   For an affiliated business arrangement to require a buyer, borrower, or seller to pay for the services of any attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or    For an affiliated business arrangement where an attorney or law firm represents a client in a real estate transaction and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice.        History. Source: L. 2006: Entire section added, p. 267, § 2, effective July 1.    ANNOTATION   Law reviews. For article, “Affiliated Business Arrangements: Compliance with RESPA and H.B. 06-1141”, see 35 Colo. Law. 65 (Nov. 2006).
CO Code § 10-11-126 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 1 - Title Insurance Code|§ 10-11-126. Affiliated Business Arrangements - Enforcement - Penalties

  The commissioner shall have the same remedies available to him or her as those available to the administrator of the department of housing and urban development in the federal “Real Estate Settlement Procedures Act of 1974”, as amended, 12 U.S.C. sec. 2607.    In addition to any other remedies available to the commissioner pursuant to this title, after notice and a hearing pursuant to section 24-4-105, C.R.S., the commissioner may assess a penalty for a violation of this article or a rule promulgated under this article. The penalty shall be the amount of remuneration improperly paid and shall be paid to the person aggrieved by the violation or apportioned among multiple aggrieved persons as determined by the commissioner.    No person shall be liable for a violation of section 10-11-124 if such person proves by a preponderance of the evidence that such violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adopted to avoid such error.     History. Source: L. 2006: Entire section added, p. 268, § 2, effective July 1. L. 2007: (1) amended, p. 2020, § 11, effective June 1.    ANNOTATION   Law reviews. For article, “Affiliated Business Arrangements: Compliance with RESPA and H.B. 06-1141”, see 35 Colo. Law. 65 (Nov. 2006).
CO Code § 10-11-127 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 1 - Title Insurance Code|§ 10-11-127. Fiduciary Responsibilities of Title Insurance Entities - Definition of Fiduciary Funds - Deceptive Act or Practice - Rules

  A title insurance entity and its affiliates or subsidiaries in possession of fiduciary funds received and belonging to others shall hold those funds in a fiduciary capacity.    The commissioner shall promulgate reasonable rules that are consistent with this section and are necessary or proper to:   Require the segregation and accounting of fiduciary funds;    Require notice to the commissioner by title insurance companies that are aware of a violation of the fiduciary fund segregation and accounting rules, and the appointment, suspension, or dismissal of title insurance agents; and    Provide for the implementation and administration of this section.       For the purposes of this section, “fiduciary funds” means any money received in conjunction with closing and settlement services other than a fee charged by the title insurance company or title insurance agent to perform the closing and settlement services for a real estate transaction.     History. Source: L. 2018: Entire section added,(SB 18-125), ch. 73, p. 640, § 2, effective March 29.
CO Code § 10-11-202 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 2 - Title Insurance Commission|§ 10-11-202. Powers, Duties, and Functions - Recommendations on Rules

  The commission may:   Propose, advise, and recommend rules subject to approval by the commissioner for the implementation and administration of the business of title insurance;    Propose, advise, and recommend bulletins and position statements related to the business of title insurance for issuance upon the commissioner's approval;    Propose, advise, and recommend the establishment of additional consumer protections in statute or rule related to the misappropriation of funds, misuse of personal information, closing and settlement services, or other concerns. Additional consumer protections recommended by the commission shall be provided to the commissioner and included in the annual report of the commissioner on title insurance provided under section 10-3-207 (1)(f)(IV).    Following any judicial review under section 24-4-106, C.R.S., or after the expiration of any period for review or appeal of an enforcement or licensing action taken by the division against a title insurance company, title insurance agent, or title insurance agency, consult with the commissioner or the commissioner's designee regarding the final agency action taken by the division. The commission will be provided a copy of the final agency action documents at the quarterly meeting following the conclusion of the action and any judicial review or appeal.    Following any judicial review under section 24-4-106, C.R.S., or after the expiration of any period for review or appeal commenced as a result of a market conduct action taken by the division against a title insurance company or title insurance agency, consult with the commissioner or the commissioner's designee regarding the final agency action taken by the division. The commission will be provided a copy of the final agency order and the market conduct report at the quarterly meeting following the conclusion of the action and any judicial review or appeal.       At each quarterly meeting, the commission will be provided with a written summary of the complaints investigated and closed by the division without action. The summary will include a brief description or categorization of the conduct alleged to be in violation of the law and why no action was taken.    The commissioner shall respond to the commission if the commissioner determines not to implement the proposal, advice, or recommendation of the commission under paragraphs   and (b) of subsection (1) of this section.        History. Source: L. 2015: Entire part added,(SB 15-210), ch. 292, p. 1192, § 2, effective August 5.
CO Code § 10-11-203 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 11 - Title Insurance|Part 2 - Title Insurance Commission|§ 10-11-203. Repeal of Part

 This part 2 is repealed, effective September 1, 2025; except that, prior to its repeal, the commission shall be reviewed pursuant to section 2-3-1203 , C.R.S.   History. Source: L. 2015: Entire part added,(SB 15-210), ch. 292, p. 1193, § 2, effective August 5.
CO Code § 10-12-102 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 12 - Mutual Insurance|Part 1 - Mutual Insurance Companies and Mutual Protective Associations|§ 10-12-102. Association to File Articles - Bylaws

 After the articles of association have been subscribed and acknowledged in the manner provided for Colorado corporations, a certified copy thereof shall be filed with the commissioner, who shall obtain the approval of the attorney general and otherwise investigate to determine whether the association has complied with the provisions of sections 10-12-101 to 10-12-104 . The association shall adopt bylaws and prepare applications and a list of policyholders, all of which, together with any amendments thereto, shall be filed with the commissioner. The commissioner shall issue a certificate of authority to an association which in his opinion has complied with the provisions of sections 10-12-101 to 10-12-104 , and, if any provision has not been complied with, the commissioner shall suspend the certificate of authority until such time as compliance has been effected.   History. Source: L. 49: P. 458, § 2. CSA: C. 87, § 91(2). CRS 53: § 72-5-2. C.R.S. 1963: § 72-5-2. History. Source: L. 49: P. 458, § 2. CSA: C. 87, § 91(2). CRS 53: § 72-5-2. C.R.S. 1963: § 72-5-2.
CO Code § 10-12-103 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 12 - Mutual Insurance|Part 1 - Mutual Insurance Companies and Mutual Protective Associations|§ 10-12-103. Noncompliance a Misdemeanor - Penalty

  Upon failure of any association to comply with the provisions of sections 10-12-101 to 10-12-104, whether or not in possession of a valid certificate of authority, the officers and directors jointly and severally are guilty of a misdemeanor and, upon conviction thereof, each shall be punished by a fine of not less than five hundred dollars nor more than fifteen hundred dollars for each act in violation of sections 10-12-101 to 10-12-104.    Any order or decision of the commissioner shall be subject to review, which shall be on the basis of the record of the proceedings before the commissioner and shall not be limited to questions of law, by appeal to the district court of the city and county of Denver at the instance of any party in interest.    Such companies, organized and operating under existing laws, shall not be required to reorganize their corporate structure in order to be eligible to operate under sections 10-12-101 to 10-12-104.     History. Source: L. 49: P. 458, § 2. CSA: C. 87, § 91(2). CRS 53: § 72-5-3. C.R.S. 1963: § 72-5-3. History. Source: L. 49: P. 458, § 2. CSA: C. 87, § 91(2). CRS 53: § 72-5-3. C.R.S. 1963: § 72-5-3.
CO Code § 10-12-104 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 12 - Mutual Insurance|Part 1 - Mutual Insurance Companies and Mutual Protective Associations|§ 10-12-104. Fees - Annual Statement - Tax

  The association shall pay to the division of insurance the fees as prescribed pursuant to section 10-3-207 (4).      Each agent, solicitor, special agent, or salaried representative soliciting business in this state shall be licensed by the division of insurance upon application of the association and shall be subject to the insurance licensing laws of the state. The fee for the initial license is five dollars, and the fee for filing each annual notice of intention to keep the agent's license in force is two dollars.    Notwithstanding the amount specified for any fee in paragraph (a) of this subsection (2), the commissioner by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.       The association shall render an annual statement of accounts and such records of the financial condition of the association as may be required by the commissioner, who shall furnish forms for this purpose. The commissioner shall have the same supervisory authority over such association as is provided by law in the case of other insurance companies and associations, and the commissioner shall collect two and one-fourth percent premium tax from each of the associations or companies as provided in section 10-3-209.      History. Source: L. 49: P. 459, § 3. CSA: C. 87, § 91(3). CRS 53: § 72-5-4. C.R.S. 1963: § 72-5-4. L. 65: P. 753, § 4. L. 67: P. 33, § 1. L. 91: (1) amended, p. 1233, § 7, effective June 5. L. 98: (2) amended, p. 1327, § 31, effective June 1. History. Source: L. 49: P. 459, § 3. CSA: C. 87, § 91(3). CRS 53: § 72-5-4. C.R.S. 1963: § 72-5-4. L. 65: P. 753, § 4. L. 67: P. 33, § 1. L. 91: (1) amended, p. 1233, § 7, effective June 5. L. 98: (2) amended, p. 1327, § 31, effective June 1.
CO Code § 10-12-105 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 12 - Mutual Insurance|Part 1 - Mutual Insurance Companies and Mutual Protective Associations|§ 10-12-105. Guaranty Fund of Mutual Companies

  Guaranty fund certificates may be issued to provide a guaranty fund for domestic life and fire insurance companies incorporated upon the mutual plan and for domestic casualty insurance associations incorporated upon the assessment plan, such fund to be held as security for the payment of all losses and other policy liabilities of such companies. Guaranty fund certificates may draw interest or dividends not exceeding in the aggregate eight percent per annum, which shall only be paid from the profits of the company. The certificates may only be retired or redeemed by using the profits of the company for that purpose, but the full fund as required of each kind of mutual and assessment company by this title (except article 15), and article 14 of title 24, C.R.S., shall at all times be maintained. Such guaranty fund shall be a liability until redeemed or retired. It shall only be used to pay policy claims or liabilities when the contingent mutual liability of the policyholders has been drawn upon and found insufficient to meet the losses of policy claims or when the directors for any cause fail to provide for the payment of policy claims.    Upon satisfying himself of such failure, the commissioner shall suspend the certificate of authority of such company and apply to the district court for an order restraining said company from doing further business; and the court may appoint a receiver or issue such decrees and orders as may best serve the interests of the members or policyholders and of the public; and the disbursement or distribution of the guaranty fund shall then be made under the court's direction; but the fund shall first be used to pay policy claims or losses, and, if any of the fund then remains, it shall be used to pay creditors, if any, and the then remaining portion of the fund shall be used to redeem outstanding guaranty fund certificates, or, if none are outstanding, it shall be distributed among the members of the company as the court may direct. The profits of a domestic mutual insurance company or association are that portion of its cash funds not required for the payment of losses and expenses and not set apart for the unearned premium reserve or any other purpose required by law.     History. Source: L. 13: P. 361, § 63. C.L. § 2536. CSA: C. 87, § 80. CRS 53: § 72-5-5. C.R.S. 1963: § 72-5-5. L. 92: (1) amended, p. 1573, § 97, effective May 20. L. 2004: (1) amended, p. 903, § 23, effective May 21. L. 2012: (1) amended,(HB 12-1266), ch. 280, p. 1508, § 38, effective July 1. History. Source: L. 13: P. 361, § 63. C.L. § 2536. CSA: C. 87, § 80. CRS 53: § 72-5-5. C.R.S. 1963: § 72-5-5. L. 92: (1) amended, p. 1573, § 97, effective May 20. L. 2004: (1) amended, p. 903, § 23, effective May 21. L. 2012: (1) amended,(HB 12-1266), ch. 280, p. 1508, § 38, effective July 1.
CO Code § 10-12-106 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 12 - Mutual Insurance|Part 1 - Mutual Insurance Companies and Mutual Protective Associations|§ 10-12-106. Fees of Mutual Companies

 Mutual and assessment companies, unless otherwise specified in this title (except article 15), and article 14 of title 24, C.R.S., are required to pay the same fees and be under the same supervision and authority of the commissioner as companies that are engaged in the same kind of insurance business and that are organized upon the joint-stock plan, and they shall comply with the general laws of this title, unless otherwise specified, and be subject to the penalties provided therein.   History. Source: L. 13: P. 364, § 65. C.L. § 2538. CSA: C. 87, § 82. CRS 53: § 72-5-6. C.R.S. 1963: § 72-5-6. L. 92: Entire section amended, p. 1573, § 98, effective May 20. L. 2004: Entire section amended, p. 903, § 24, effective May 21. L. 2012: Entire section amended,(HB 12-1266), ch. 280, p. 1508, § 39, effective July 1. History. Source: L. 13: P. 364, § 65. C.L. § 2538. CSA: C. 87, § 82. CRS 53: § 72-5-6. C.R.S. 1963: § 72-5-6. L. 92: Entire section amended, p. 1573, § 98, effective May 20. L. 2004: Entire section amended, p. 903, § 24, effective May 21. L. 2012: Entire section amended,(HB 12-1266), ch. 280, p. 1508, § 39, effective July 1.
CO Code § 10-12-107 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 12 - Mutual Insurance|Part 1 - Mutual Insurance Companies and Mutual Protective Associations|§ 10-12-107. Ownership of Profits

 Every domestic insurance company incorporated upon the mutual or assessment plan shall state clearly in its policies or certificates that the accumulations of profits of such corporations over and above all proper liabilities are the sole property of the members or policyholders in good standing and that the same shall be distributed in a just and equitable manner in case such company is reinsured or ceases to do business.   History. Source: L. 13: P. 364, § 66. C.L. § 2539. CSA: C. 87, § 83. CRS 53: § 72-5-7. C.R.S. 1963: § 72-5-7. History. Source: L. 13: P. 364, § 66. C.L. § 2539. CSA: C. 87, § 83. CRS 53: § 72-5-7. C.R.S. 1963: § 72-5-7.