Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 94 - LIABILITY RISK RETENTION (§§ 23-94-201 — 23-94-301) › Subchapter 2 - RISK RETENTION AND PURCHASING GROUPS ACT (§§ 23-94-201 — 23-94-215) › Section 23-94-213 - Duty of agents or brokers to obtain license

(a)
Risk Retention Group Agents.
Any person acting, or offering to act, as an agent or broker for a registered risk retention group which solicits members, sells insurance coverage, or otherwise does business in this state shall, before commencing any such activity, obtain a resident or nonresident risk retention group agent license from the commissioner upon completion of the licensing provisions as to resident and nonresident agents or brokers under §
23-64-101
et seq., §§
23-64-201
-
23-64-205
,
23-64-207
,
23-64-209
,
23-64-210
,
23-64-214
-
23-64-221
,
23-64-223
-
23-64-227
, and the Producer Licensing Model Act, §
23-64-501
et seq., except as they conflict with the provisions of the Liability Risk Retention Act of 1986.
(b)
Purchasing Group Brokers.
(1)
Any person acting, or offering to act, as an agent or broker for a registered purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within the state, or otherwise doing business in this state shall, before commencing any such activity, obtain a resident or nonresident purchasing group broker license from the commissioner upon completion of the licensing provisions as to resident and nonresident agents or brokers under §
23-64-101
et seq., §§
23-64-201
-
23-64-205
,
23-64-207
,
23-64-209
,
23-64-210
,
23-64-214
-
23-64-221
,
23-64-223
-
23-64-227
, and the Producer Licensing Model Act, §
23-64-501
et seq., except as they conflict with the provisions of the Liability Risk Retention Act of 1986, before securing the purchasing group's coverage with an authorized insurer or a registered risk retention group. This requirement shall not be applicable to property and casualty agents or brokers duly licensed by this state as to the authorized insurer or risk retention group issuing the purchasing group's coverage, so long as these licenses comply with other provisions of this subchapter.
(2)
Any person acting, or offering to act, as an agent or broker for a purchasing group registered in Arkansas and procuring insurance from an approved nonadmitted surplus lines insurer shall either:
(A)
First obtain a property and casualty agent or broker's license or purchasing group broker's license from this state, prior to placing the purchasing group's coverage through a surplus lines broker duly licensed by the State of Arkansas; or
(B)
First obtain a resident Arkansas surplus lines broker's license, or a nonresident Arkansas surplus lines broker's license, prior to placing the group's coverage with the surplus lines insurer.
(3)
The provisions of this section shall be in conformity with the provisions of this subchapter, §
23-64-101
et seq., §§
23-64-201
-
23-64-205
,
23-64-207
,
23-64-209
,
23-64-210
,
23-64-214
-
23-64-221
,
23-64-223
-
23-64-227
, the Producer Licensing Model Act, §
23-64-501
et seq., and the Surplus Lines Insurance Law, §
23-65-301
et seq., except as they conflict with the provisions of the Liability Risk Retention Act of 1986.
Acts 1995, No. 623, § 1; 2001, No. 580, § 24; 2001, No. 1555, § 18.