reglab/statecodes huggingface dataset:
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1704 - Exemptions Applicable to Subsidiaries; Limitations Generally.

§  1704. Exemptions applicable to subsidiaries; limitations generally.
(a) Investments in  separate  account  subsidiaries  and  in  investment
subsidiaries are exempt from the provisions of subsection (a) of section
one  thousand  seven  hundred  five of this article and separate account
subsidiaries and investment subsidiaries are exempt from the  provisions
of  item (ii) of section one thousand seven hundred ten of this article.
Investments by the  parent  corporation  in  holding  company  operating
subsidiaries  are  exempt  from  the  provisions  of  paragraph  two  of
subsection (a) of section  one  thousand  seven  hundred  five  of  this
article.
(b)  Subsidiaries  that become such as a result of (i) the acquisition
of securities received as permitted by subsection  (e)  of  section  one
thousand  four  hundred  three  of  this  chapter  or (ii) the temporary
assumption of control by the owners of securities upon the happening  of
a  contingency  are  exempt  from the provisions of section one thousand
seven hundred eight and item (ii) of section one thousand seven  hundred
ten  of this article for one year, and from the provisions of subsection
(a) of section one thousand seven hundred five of this article for  five
years, after becoming subsidiaries.
(c)  Investments in subsidiaries engaged or organized to engage in any
kind of insurance business in which the parent corporation  may  engage,
and   investments   in  subsidiaries  engaged  or  organized  to  engage
exclusively in the ownership and management of  such  subsidiaries,  are
exempt  from  the  provisions  of subsection (a) of section one thousand
seven hundred five of this article.
(d) Investments made or acquired by investment subsidiaries  shall  be
deemed,  for  the  purposes  of  this  chapter,  to  be made or acquired
directly by  the  parent  corporation  (pro  rata,  in  the  case  of  a
subsidiary  less  than  all  of whose voting securities are owned by the
parent  corporation,  in  accordance  with  the   parent   corporation's
investment in such subsidiary), and shall (to such extent) be subject to
all  the  provisions  and limitations (including quantitative limits) on
the making thereof specified in this chapter with respect to investments
by the parent corporation.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1706 - Exemptions Applicable to Parent Corporation.

§  1706.  Exemptions  applicable  to  parent  corporation.  Except  as
  provided in subsection (d) of section one thousand four hundred five  of
  this  chapter  and  except for investments deemed to be made or acquired
  directly by the parent corporation (as provided  in  subsection  (d)  of
  section one thousand seven hundred four of this article), investments by
  parent  corporations  in subsidiaries are not subject to the limitations
  on the making of investments provided for in section one  thousand  four
  hundred  three,  section  one thousand four hundred four (in the case of
  insurers making investments under  section  one  thousand  four  hundred
  four) or section one thousand four hundred five (in the case of insurers
  making investments under section one thousand four hundred five) of this
  chapter.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1707 - Regulations to Restrict Pyramiding.

§  1707.  Regulations  to  restrict pyramiding. The superintendent may
  adopt  regulations  designed  to  prevent  an  insurer  from  pyramiding
  subsidiaries  to  a  degree that, in the judgment of the superintendent,
  would  be  materially  adverse  to  the  interests   of   policyholders,
  subscribers or the people of this state.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1708 - Information Reports.

§  1708.  Information  reports.  Every  parent  corporation  that  has
  acquired one or more subsidiaries shall (except to the  extent  exempted
  by  section  one  thousand  seven  hundred four of this article) file an
  information report on or before May first of each year or on  or  before
  such  other  date  as  the  superintendent may permit.   The information
  report shall  provide  (i)  a  description  of  the  activities  of  the
  subsidiary,  (ii) a description of all material transactions between the
  subsidiary  and  such  parent  corporation  and   affiliates   of   such
  subsidiary,  and  (iii) such other information as the superintendent may
  by regulation prescribe.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1709 - Confidentiality of Reports and Filings.

§ 1709. Confidentiality  of  reports and filings. The contents of each
  report and filing submitted pursuant to  this  article  and  information
  pertaining  thereto  shall be kept confidential, shall not be subject to
  subpoena or discovery, shall  not  be  admissible  in  evidence  in  any
  private  civil action, and shall not be made public unless, after notice
  and opportunity to be heard,  the  superintendent  determines  that  the
  interests of policyholders, subscribers, stockholders or the public will
  be  served  by  the  publication thereof. The provisions of this section
  shall not be applicable to any report or filing  submitted  pursuant  to
  this  article  and  any  information  pertaining  thereto, if the parent
  corporation is a corporation subject  to  article  forty-three  of  this
  chapter. Neither the superintendent nor any person who received a report
  or  filing submitted pursuant to this article and information pertaining
  thereto, through  examination  or  otherwise,  while  acting  under  the
  authority  of the superintendent or with whom such report or information
  are shared pursuant to this chapter, shall be permitted or  required  to
  testify  in  any  private civil action concerning the report, filing, or
  information.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1710 - Divestiture of Control; Superintendent's Power to Order Disposition of Subsidiaries.

§  1710.  Divestiture  of  control;  superintendent's  power  to order
disposition of subsidiaries.
(a) Any parent corporation seeking to divest its controlling  interest
in   a   domestic   insurer,   in   any  manner,  shall  file  with  the
superintendent, with a copy to  the  insurer,  notice  of  its  proposed
divestiture  at  least  thirty  days  prior to the cessation of control,
provided, however that this subsection shall  not  apply  if  notice  is
provided  as  required  by  subsection (b) of section one thousand seven
hundred one of this article.
(b) In addition to the powers granted to the superintendent  elsewhere
in this chapter (including, without limitation, section one hundred nine
of this chapter and section three hundred nine of the financial services
law), the superintendent may, at any time, order a parent corporation to
dispose of any subsidiary, if the superintendent finds, after notice and
an opportunity to be heard, either:
(1)  that  its  acquisition  or  continued  retention  is  or  was not
permitted by the provisions of this article; or
(2) except in the case of a subsidiary then exempted by the provisions
of subsection (a) or (b) of section one thousand seven hundred  four  of
this  article, that its continued retention is materially adverse to the
interests of the parent corporation's policyholders or subscribers.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1713 - Prohibitions on Investments of Subsidiaries.

§  1713.  Prohibitions  on  investments of subsidiaries. No subsidiary
  shall make any investment (i) in obligations, shares or other securities
  issued by a corporation, other  than  an  insurance  corporation,  if  a
  majority  of the shares having voting powers of such issuing corporation
  is owned directly or indirectly by or for the benefit  of  one  or  more
  officers or directors of the insurer or (ii) found by the superintendent
  to be against public policy or designed to evade any prohibition of this
  chapter or (iii) in the case of a subsidiary that is a property/casualty
  insurance  company  (other  than  an  alien  insurer),  in  any  foreign
  investment that would be prohibited under paragraph seven of  subsection
  (a) of section one thousand four hundred seven of this chapter.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1714 - Authority to Conduct Certain Business Directly Instead of Through Subsidiary.

§  1714.  Authority  to  conduct  certain business directly instead of
through subsidiary. (a) A domestic life insurance  company  may,  if  it
maintains  books  and records that separately account for such business,
engage directly in (i)  any  business,  to  the  extent  necessarily  or
properly  incidental  to  the  insurer's  business,  including rendering
investment advice, investment management services and  services  related
to the functions involved in the operation of an insurance business, and
(ii) any other business to the extent approved by the superintendent.
(b) In the case of approval pursuant to item (ii) of subsection (a) of
this  section,  the  superintendent  may  prescribe  limitations for the
protection of the interests of the policyholders of such  company  after
taking  into  account  the  effect  of  such  business on such company's
existing insurance business and its surplus, the proposed allocation  of
the  estimated  cost  of  such  business  and the risks inherent in such
business as well as the relative advantages  to  such  company  and  its
policyholders  of conducting such business directly instead of through a
subsidiary.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1715 - Valuation of Shares of Subsidiaries.

§  1715.  Valuation  of  shares  of  subsidiaries.  In determining the
  financial  condition  of  a  parent  corporation,  all  stock   of   its
  subsidiaries  (except  subsidiaries  acquired or held under section four
  thousand  two  hundred  forty  of  this  chapter)  shall  be  valued  in
  accordance  with  subsections  (c),  (f) and (g) of section one thousand
  four hundred fourteen of this chapter. Stock of subsidiaries acquired or
  held under section four thousand two hundred forty of this chapter shall
  be valued as required by section four thousand two hundred forty of this
  chapter.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1716 - Regulations.

§ 1716. Regulations. In addition to the powers expressly given by this
  article,  the  superintendent  shall  have the power to promulgate, from
  time to time, such regulations, not inconsistent with the provisions  of
  this  chapter, as may be appropriate to carry out the provisions of this
  article and, insofar as applicable to this article, other provisions  of
  this chapter.
2023 New York Laws › ISC - Insurance › Article 17 - Subsidiaries of Domestic Life Insurance Companies and Certain Other Entities › 1718 - Expenses for Group-Wide Supervision.

§  1718.  Expenses  for  group-wide  supervision. A parent corporation
  shall be liable for  and  shall  pay  the  reasonable  expenses  of  the
  superintendent's  participation  in  the  administration  of  group-wide
  supervision of internationally active insurance  groups,  including  the
  engagement  of attorneys, actuaries, and any other professionals and all
  reasonable travel expenses.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2114 - Life, Accident and Health Insurance Agents; Commissions.

§  2114.  Life, accident and health insurance agents; commissions. (a)
(1) No insurer or fraternal benefit society doing business in this state
shall pay any commission or other compensation to any  person,  firm  or
corporation,  for  any  services  in  obtaining  in  this  state any new
contract of life insurance or any new  annuity  contract,  except  to  a
licensed  life  insurance agent of such insurer or of such society or to
an insurance broker licensed under subparagraph (A) of paragraph one  of
subsection (b) of section two thousand one hundred four of this article,
and except to a person described in paragraph two or three of subsection
(a) of section two thousand one hundred one of this article.
(2)  No  agent  or  other  representative  of any such life insurer or
fraternal benefit society shall pay any commission or other compensation
to any person for any services of the kind specified  in  paragraph  one
hereof,  except to a licensed life insurance agent of such insurer or of
such society as the case may be.
(3) No  insurer,  fraternal  benefit  society  or  health  maintenance
organization  doing  business  in  this  state  and  no  agent  or other
representative thereof shall pay any commission or other compensation to
any person, firm, association or corporation for services in soliciting,
negotiating or selling in this state any new  contract  of  accident  or
health  insurance  or  any new health maintenance organization contract,
except to a  licensed  accident  and  health  insurance  agent  of  such
insurer,  such  society  or  health  maintenance  organization,  or to a
licensed insurance  broker  of  this  state,  and  except  to  a  person
described  in  paragraph  two  or three of subsection (a) of section two
thousand one hundred one of this article.
* (4) Services of the kind specified  in  this  subsection  shall  not
include the referral of a person to a licensed insurance agent or broker
that  does  not  include a discussion of specific insurance policy terms
and conditions and where the compensation for referral is not based upon
the purchase of insurance by such person.
* NB Repealed September 10, 2024
(b) If any licensed life insurance agent who or which has received  an
application  for  a  life  insurance or annuity contract is unable after
reasonable diligence to obtain all or any part of  such  insurance  from
the  life  insurer  or insurers which he or it is licensed to represent,
such agent may solicit, negotiate or sell such insurance, to the  extent
to  which  it  is  declined  by such insurer or insurers, from any other
authorized life insurer or insurers, with  the  consent  of  the  person
making  such application; but no such agent shall receive any commission
or other compensation for his services in connection therewith from  any
insurer  unless he is licensed as agent of such insurer at the time when
he receives such compensation.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2116 - Insurance Brokers; Commissions.

* §  2116. Insurance brokers; commissions. No insurer authorized to do
  business in this state, and no officer, agent  or  other  representative
  thereof,  shall  pay  any  money or give any other thing of value to any
  person, firm, association or corporation for or because of  his  or  its
  acting  in  this state as an insurance broker, unless such person, firm,
  association or corporation is authorized  so  to  act  by  virtue  of  a
  license  issued  or  renewed  pursuant  to the provisions of section two
  thousand one hundred four of this article.  For  the  purposes  of  this
  section,  "acting as insurance broker" shall not include the referral of
  a person to a licensed insurance agent or broker that does not include a
  discussion of specific insurance policy terms and conditions  and  where
  the  compensation  for  referral  is  not  based  upon  the  purchase of
  insurance by such person.
* NB Effective until September 10, 2024
* § 2116. Insurance brokers; commissions. No insurer authorized to  do
  business  in  this  state, and no officer, agent or other representative
  thereof, shall pay any money or give any other thing  of  value  to  any
  person,  firm,  association  or corporation for or because of his or its
  acting in this state as an insurance broker, unless such  person,  firm,
  association  or  corporation  is  authorized  so  to  act by virtue of a
  license issued or renewed pursuant to  the  provisions  of  section  two
  thousand one hundred four of this article.
* NB Effective September 10, 2024
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2120 - Fiduciary Capacity of Insurance Agents, Title Insurance Agents, Insurance Brokers and Reinsurance Intermediaries.

§  2120.  Fiduciary  capacity  of  insurance  agents,  title insurance
agents, insurance brokers and reinsurance intermediaries.
(a) Every insurance agent, title insurance agent, and insurance broker
acting as such in  this  state  shall  be  responsible  in  a  fiduciary
capacity  for  all  funds  received  or  collected as insurance agent or
insurance broker, and shall not, without the express consent of his, her
or its principal, mingle any such funds with his, her or its  own  funds
or with funds held by him, her or it in any other capacity.
(b)  Every reinsurance intermediary acting as such in this state shall
be responsible, in a  fiduciary  capacity  for  all  funds  received  or
collected  in  such capacity, and shall not, without the express consent
of his or its principal or principals, mingle any such funds with his or
its own funds or with funds held by him or it in any other capacity.
(c) This section shall not require any  such  insurance  agent,  title
insurance   agent,  insurance  broker  or  reinsurance  intermediary  to
maintain a separate bank deposit for the funds of each  such  principal,
if  and  as  long  as  the  funds  so  held  for each such principal are
reasonably ascertainable from the books of account and records  of  such
agent, broker or reinsurance intermediary, as the case may be.
(d)  A  retail  insurance  producer  who  violates  paragraph  (a)  of
subdivision two of section five hundred seventy-seven-a of  the  banking
law  shall  be  liable  for actual damages for the failure to notify, in
writing, the premium finance agency of the information required pursuant
to such paragraph (a).
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2121 - Broker Authorized to Receive Premium, When.

§  2121.  Broker  authorized to receive premium, when. (a) Any insurer
which delivers in this state to any  insurance  broker  or  any  insured
represented  by  such  broker  a  contract  of insurance pursuant to the
application or request of such broker, acting for an insured other  than
himself,  shall  be  deemed to have authorized such broker to receive on
its behalf payment of any premium which is due on such contract  at  the
time  of  its issuance or delivery or payment of any installment of such
premium  or  any  additional  premium  which  becomes  due  or   payable
thereafter  on  such contract, provided such payment is received by such
broker within ninety  days  after  the  due  date  of  such  premium  or
installment  thereof or after the date of delivery of a statement by the
insurer of such additional premium.
(b) An agent who represents an insured for the  purpose  of  obtaining
insurance  pursuant  to  any  plan  authorized  by articles fifty-three,
fifty-four and fifty-five of this chapter shall be deemed to be a broker
for the purposes of this section.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2122 - Advertising by Insurance Producers.

§ 2122. Advertising by insurance producers.
(a)  (1)  No  insurance producer shall make or issue in this state any
advertisement,  sign,  pamphlet,  circular,   card   or   other   public
announcement  purporting  to  make  known the financial condition of any
insurer, unless the same shall conform to the  requirements  of  section
one thousand three hundred thirteen of this chapter.
(2) No insurance producer or other person, shall, by any advertisement
or public announcement in this state, call attention to any unauthorized
insurer or insurers.
(b)  Every  agent  of any insurer and every insurance broker shall, in
all advertisements, public announcements,  signs,  pamphlets,  circulars
and cards, which refer to an insurer, set forth therein the name in full
of  the insurer referred to and the name of the city, town or village in
which it has its principal office in the United States.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2124 - Stay or Suspension of Superintendent's Determination.

§  2124.  Stay  or  suspension  of superintendent's determination. The
  commencement of a proceeding under article seventy-eight  of  the  civil
  practice  law  and  rules, to review the action of the superintendent in
  suspending or revoking or refusing to renew any certificate  under  this
  article,  shall  stay  such action of the superintendent for a period of
  thirty days. Such stay shall not be extended for a longer period  unless
  the  court  shall  determine,  after a preliminary hearing  of which the
  superintendent is notified forty-eight hours in advance, that a stay  of
  the  superintendent's  action pending the final determination or further
  order of the court will not unduly injure the interests of the people of
  the state.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2125 - Marine Insurance; Acting as Agent, Broker or Insurer of Persons Without Insurable Interest.

§  2125.  Marine  insurance;  acting  as  agent,  broker or insurer of
persons without insurable interest.  (a) No person, firm, association or
corporation shall knowingly act as insurance agent or act  as  insurance
broker  in  this state, or shall as insurer knowingly act in this state,
in the sale, solicitation or negotiation, issuance or  delivery  of  any
binder,  cover note, certificate, policy or other evidence of a contract
of marine insurance except on the application and in the  name  of  some
person  or  persons  having  a  bona  fide interest, direct or indirect,
either in the safe arrival of  the  vessel  in  relation  to  which  the
contract  is made or to be made, or in the safety or preservation of the
subject matter insured or to be insured, or except  on  the  application
and  in the name of some person or persons having a bona fide reasonable
expectation of acquiring such an interest.
(b)  No  insurance  broker  or  other  person,  firm,  association  or
corporation   not  having  such  a  bona  fide  interest  or  bona  fide
expectation of acquiring such an interest, shall  knowingly  apply  for,
effect, accept or transfer in this state any such evidence of a contract
of  marine  insurance without having been previously authorized so to do
by, or by the authority of, a person, firm, association  or  corporation
having such a bona fide interest or a bona fide expectation of acquiring
such an interest.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2126 - Impersonation at Examinations Prohibited.

§  2126.  Impersonation  at  examinations  prohibited. No person shall
  impersonate any other person, or permit or aid in any manner  any  other
  person  to  impersonate  him, in connection with any examination held in
  accordance with the provisions of this chapter.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2127 - Penalties for Violations.

§  2127.  Penalties for violations. (a) The superintendent, in lieu of
revoking or suspending the license of a licensee in accordance with  the
provisions  of this article, may in any one proceeding by order, require
the licensee to pay to the people of this state a penalty in a  sum  not
exceeding  five hundred dollars for each offense, and a penalty in a sum
not exceeding twenty-five hundred  dollars  in  the  aggregate  for  all
offenses.
(b)  Upon  the  failure of such a licensee to pay such penalty ordered
pursuant to subsection (a) hereof within twenty days after  the  mailing
of  such  order,  postage prepaid, registered, and addressed to the last
known place of business of such licensee, unless such order is stayed by
an order of a court of competent jurisdiction,  the  superintendent  may
revoke  the  license  of  such licensee or may suspend the same for such
period as he determines.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2128 - Commission and Fee Sharing Prohibited.

§ 2128. Commission and fee sharing prohibited. (a) Notwithstanding the
provisions  of  sections two thousand three hundred twenty-four and four
thousand two hundred twenty-four of this chapter, no licensee subject to
this article shall receive any commissions or fees or shares thereof  in
connection  with  insurance  coverages  placed for or insurance services
rendered to the state, its  agencies  and  departments,  public  benefit
corporations, municipalities and other governmental subdivisions in this
state,  unless  such  licensee  actually  placed  insurance coverages on
behalf of or rendered insurance services to the state, its agencies  and
departments,  public  benefit  corporations,  municipalities  and  other
governmental subdivisions in this state.
(b) The superintendent shall, by regulation, require licensees subject
to this article to file disclosure statements  with  the  department  of
financial services and the most senior official of the governmental unit
involved,  with  respect  to  any  insurance  coverages  placed  for  or
insurance services rendered to the state, its agencies and  departments,
public  benefit  corporations,  municipalities  and  other  governmental
subdivisions in this  state,  except  that  neither  a  title  insurance
corporation  nor  a  title  insurance  agent shall be required to file a
disclosure statement if an industrial development agency, state  of  New
York mortgage agency or its successor, or any similar type of entity, is
the  named  insured  under the policy and is a mortgagee with respect to
the property insured.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2129 - Duty to Have an Agent or Broker at Each Place of Business.

§  2129.  Duty  to  have an agent or broker at each place of business.
(a) Each place of business established by the holder of an agent  and/or
broker  license  shall  be  under the supervision of one or more persons
licensed to do the kinds of business transacted in  that  office.    The
headquarters location must be supervised by one or more persons licensed
to  do  all  the kinds of business for which the licensee is authorized.
Any satellite office established by a licensee must be supervised by one
or more persons licensed to do the kinds of business to be transacted in
that office.
(b) Written notice shall be given to the superintendent containing the
location of each satellite office and the  licensed  person  or  persons
responsible for each satellite office.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2133 - Forged Insurance Identification Cards.

§  2133. Forged insurance identification cards. Any insurance company,
  insurance  agent,  insurance  broker  or  other  person  who  or  which,
  personally  or  by  the  action  of  an  employee  or  agent, possesses,
  transfers or uses a forged insurance identification  card  for  a  motor
  vehicle, having knowledge, personally or through such employee or agent,
  of  the  fact  that such insurance identification card, when issued, did
  not actually represent an owner's policy of  liability  insurance  or  a
  financial  security  bond  issued by an insurance company licensed to do
  business in this state covering the motor  vehicle  identified  on  such
  card, shall be liable for payment to the people of this state of a civil
  penalty  in  a sum not exceeding one thousand dollars for the first such
  violation and a  sum  not  exceeding  five  thousand  dollars  for  each
  subsequent  violation. For the purposes of this section the term "forged
  insurance identification card" means a written insurance  identification
  card  which  has  been  falsely made, completed or altered, and the term
  "falsely made, completed or altered" shall have the same meaning as  set
  forth in section 170.00 of the penal law.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2134 - Change of Address.

§  2134.  Change  of  address. (a) A licensee under this article shall
inform the superintendent by a means acceptable to the superintendent of
a change of address within thirty days of the change.
(b) In addition to the requirements of subsection (a) of this section,
a nonresident insurance producer who changes his, her or its home state,
or a resident insurance producer who changes his, her or its home  state
to  another  state,  within  thirty  days  of  the date of change, shall
provide certification of such change from the new home state. No fee  or
license application shall be required therefor.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2135 - Administration of Certain Functions.

§  2135.  Administration  of certain functions. The superintendent may
  designate the National Association of Insurance Commissioners (NAIC)  or
  any  affiliates  or  subsidiaries  that  the  NAIC  oversees  to perform
  ministerial functions, including the  collection  of  fees,  related  to
  producer  licensing  under this article that the superintendent may deem
  appropriate.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2136 - Reciprocity.

§  2136.  Reciprocity. The superintendent shall waive any requirements
for a nonresident license  applicant  otherwise  applicable  under  this
chapter if:
(a)  the  applicant has a current and valid license in his or her home
state and is in good standing in his or her home state;
(b) the applicant has submitted a completed application  in  the  form
prescribed  by  the  superintendent  or  submitted  the  application for
licensure submitted to his or her home state;
(c) the applicant has paid the fees required by this chapter; and
(d) the applicant's home state awards nonresident  insurance  producer
licenses  to  residents  of  this state on the same basis as provided in
this subsection.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2138 - Health Benefit Exchange Navigators.

§  2138. Health benefit exchange navigators. A person who has received
  a grant from and has been  certified  by  the  health  benefit  exchange
  established  pursuant  to  section  1311  of the affordable care act, 42
  U.S.C. § 18031, to act as a navigator, including any person employed  by
  a certified navigator, shall not receive, collect or hold any funds that
  would  constitute  fiduciary  funds  within  the  meaning of section two
  thousand one hundred twenty of this article.
2023 New York Laws › ISC - Insurance › Article 21 - Agents, Brokers, Adjusters, Consultants and Intermediaries › 2140 - Restrictions on Insurance Producers Procuring Immigration Bonds.

§  2140.  Restrictions  on  insurance  producers procuring immigration
bonds. (a) No insurance producer shall require the use of an  electronic
monitoring  device  as a condition of immigration bail. For the purposes
of this section, an "electronic monitoring device" includes  any  device
that  tracks  or  monitors  location, any device that tracks or monitors
biometric data, or any device that records or transmits video  or  audio
surveillance data.
(b)  No insurance producer shall make a referral to or provide contact
information for a legal services provider without:
(1) disclosing in writing, in a language understood by  the  consumer,
whether  the insurance producer or an entity that is an affiliate of the
insurance producer: (A) has a financial or  ownership  interest  in  the
legal  services  provider;  (B)  is  receiving  any compensation, either
directly or indirectly, for making a referral to  or  providing  contact
information  for  the  legal  services provider; or (C) is compensating,
either directly or indirectly, the legal services provider for the legal
services rendered; and
(2) stating that: "The payment of premiums to the  insurance  producer
is  not  for  and  does  not  guarantee  that  you  will  receive  legal
representation. Using this legal services provider is not a  requirement
of  bail.  If  you choose to hire this legal services provider, you have
the right to fire the provider at any time and retain your own counsel."
(c) Any agreement, or portion  thereof,  entered  into  requiring  the
waiving of the requirements of this section or otherwise in violation of
this section shall be void and unenforceable.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2201 - Certification.

§ 2201. Certification. Every officer or employee of a licensed insurer
  or  of  a  savings  bank,  other  than a duly licensed agent, who in any
  office of such insurer or of any savings bank, as a part of his  duties,
  negotiates  for  applications  or  orders  for life insurance or annuity
  contracts or solicits or procures from the public such  applications  or
  orders shall be required to be certified by the superintendent as to his
  competency and trustworthiness before engaging in such activities.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2202 - Prerequisites.

§  2202.  Prerequisites.  (a)  Certification  shall not be made by the
superintendent unless there shall be on file in his office the following
documents:
(1) a written application by the person to be certified in  such  form
and containing such information the superintendent prescribes; and
(2)  a  statement executed by an officer of the insurer or the savings
bank which is to be named in such certificate, that the insurer or  bank
is  satisfied  that  the  applicant  is  trustworthy  and  competent  to
negotiate for applications or  orders  for  life  insurance  or  annuity
contracts  and  to solicit and procure from the public such applications
or orders.
(b) (1) In order to  determine  trustworthiness  and  competency,  the
applicant  shall  be  required to pass a personal written examination to
the satisfaction of the superintendent. Such examination shall  be  held
at  times  and places set by the superintendent. Every individual taking
any such  examination  shall  pay  to  the  superintendent,  or  at  the
superintendent's  discretion, directly to any organization that is under
contract to provide examination  services,  an  examination  fee  of  an
amount  which 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  is
not refundable.
(2) No individual shall be qualified to take the examination unless he
possesses   the   same   qualifications   regarding   insurance   course
requirements as those required pursuant to subparagraph (A) of paragraph
two of subsection (f) of section two thousand one hundred three of  this
chapter for agent licensing pursuant to such section.
(3) The superintendent may accept, in lieu of the examination required
by  paragraph one hereof, the result of any previous written examination
given by him which in his judgment is equivalent to the examination  for
which it is substituted.
(c)  The  superintendent  may  refuse to certify any person if, in his
judgment, such person is not trustworthy and competent, or has failed to
comply with any prerequisite for the issuance of such certificate.
(d) The superintendent may issue a  replacement  for  a  currently  in
force  certificate  which  has  been  lost  or  destroyed.  Before  such
replacement certificate shall be issued, there shall be on file  in  the
office  of the superintendent a written application for such replacement
certificate, affirming  under  penalty  of  perjury  that  the  original
certificate  has  been lost or destroyed, together with a fee of fifteen
dollars.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2204 - Revocation or Suspension.

§  2204.  Revocation or suspension. (a) The superintendent may revoke,
or may suspend for such period as he may determine, any  certificate  if
he determines that the person named in the certificate has:
(1)  violated  any  provision  of,  or  any obligation imposed by this
chapter or has violated any law in the  course  of  any  activities  for
which such certificate is required;
(2)   made  a  material  misstatement  in  the  application  for  such
certificate;
(3) been guilty of fraudulent or dishonest practices; or
(4) demonstrated his incompetency or untrustworthiness.
(b)  Before  revoking  or  suspending  any   such   certificate,   the
superintendent  shall  give to the person and the employer of the person
named in such  certificate  notice  of  hearing  as  specified  in  this
chapter.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2205 - Prohibitions.

§  2205.  Prohibitions.  (a)  It  shall be unlawful for any officer or
employee of a licensed insurer or of a savings bank, other than  a  duly
licensed  agent,  as a part of his duties, to negotiate for applications
or orders for life insurance or  annuity  contracts  or  to  solicit  or
procure from the public such applications or orders in any office of any
insurer or of any savings bank, without being certified pursuant to this
article.
(b) It shall be unlawful for any insurer or any savings bank to employ
any  uncertified  person,  as  a  part  of  his duties, to negotiate for
applications or orders for life insurance or  annuity  contracts  or  to
solicit  or  procure  from the public such applications or orders in any
office of the insurer or bank.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2206 - Termination of Services.

§  2206.  Termination  of  services. (a) Every insurer or savings bank
shall, upon the termination of the services of any officer  or  employee
certified  under  this article, forthwith file with the superintendent a
statement, in such form as the superintendent prescribes, of  the  cause
and  facts  relative  to  such  termination.  The  certificate issued or
reasonable  proof  of  loss  acceptable  to  the  superintendent   shall
accompany such statement.
(b)  Every  statement  made  pursuant  to  this  section  shall  be  a
privileged communication.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2207 - Transfer.

§  2207.  Transfer.  The  superintendent is authorized to transfer the
  certification of any person issued pursuant to  this  article  from  one
  insurer  or  savings  bank  to  another insurer or savings bank, without
  examination.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2208 - Misleading Statements.

§  2208.  Misleading  statements.  Every person who has been certified
  pursuant to the provisions of this article shall be subject to  sections
  two   thousand   one   hundred  twenty-two,  two  thousand  one  hundred
  twenty-three and two thousand one hundred twenty-seven of this chapter.
2023 New York Laws › ISC - Insurance › Article 22 - Certification of Employees of Insurers and Savings Banks Offering Life Insurance › 2209 - Stay or Suspension of Superintendent's Determination.

§  2209.  Stay  or  suspension  of superintendent's determination. The
  commencement of a proceeding under article seventy-eight  of  the  civil
  practice  law  and  rules, to review any action by the superintendent in
  issuing or in refusing to issue, or in suspending  or  revoking,  or  in
  refusing to suspend or revoke, any certificate under this article, shall
  stay such action of the superintendent for a period of thirty days. Such
  stay  shall  not  be extended for a longer period unless the court shall
  determine, after a preliminary hearing of which  the  superintendent  is
  notified   forty-eight   hours   in   advance,   that   a  stay  of  the
  superintendent's action pending the final determination or further order
  of the court will not unduly injure the interests of the people  of  the
  state.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2301 - Purpose.

§  2301. Purpose. The purpose of this article is to promote the public
  welfare by regulating insurance rates  to  the  end  that  they  not  be
  excessive,  inadequate  or  unfairly  discriminatory,  to  promote price
  competition and competitive behavior among insurers,  to  provide  rates
  that  are  responsive  to  competitive market conditions, to improve the
  availability and reliability of insurance and to authorize and  regulate
  cooperative action among insurers within the scope of this article.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2302 - Applicability.

§  2302.  Applicability.  (a) This article shall apply to all kinds of
insurance written on risks or operations in this  state  by  an  insurer
authorized to do business in this state except:
(1)  reinsurance (other than joint reinsurance to the extent stated in
section two thousand three hundred seventeen of this article);
(2) accident and health insurance;
(3)   annuities,   life   insurance,    including    provisions    for
non-cancellable disability benefits in conjunction therewith;
(4) marine insurance (other than inland marine insurance and insurance
upon automobiles, airplanes, seaplanes, dirigibles or other aircraft);
(5) marine protection and indemnity insurance;
(6)  insurance  issued  by  an  assessment  cooperative fire insurance
company; and
(7) service contract reimbursement insurance.
(b) The superintendent may from time to time make investigations  with
respect  to  classes  of  risks  of  the  kinds of insurance exempted in
paragraph one hereof and may call upon all authorized insurers and  rate
service organizations making rates for such risks to furnish information
relative thereto.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2303 - Standards for Rates.

§ 2303. Standards for rates. Rates shall not be excessive, inadequate,
  unfairly  discriminatory,  destructive  of competition or detrimental to
  the solvency of insurers. In determining whether rates comply  with  the
  foregoing  standards, the superintendent shall include all income earned
  by such insurer and  any  insurer  controlling  or  controlled  by  such
  insurer  or  under  common  control  by  or with such insurer on all its
  investments of any kind and wherever located. The  superintendent  shall
  further  determine  whether  any  component  of  such rates represent an
  effort on the part of the insurer to recover losses incurred in  another
  state  due to any referendum, law or regulation which requires a general
  reduction in rates for the kinds of insurance described in  section  two
  thousand  three  hundred  two  of  this article. Such a finding shall be
  deemed unfairly discriminatory for the purposes of this article.
2023 New York Laws › ISC - Insurance › Article 23 - Property/casualty Insurance Rates › 2306 - Delegation of Rate Filing Obligation.

§  2306.  Delegation of rate filing obligation. An insurer or group of
  insurers  may  discharge  the  rate  filing   obligation   required   by
  subsections  (b)  and  (c) of section two thousand three hundred five of
  this article by giving notice to the superintendent that it  uses  rates
  and rate information prepared by a designated rate service organization,
  with such information and modifications thereof as is necessary fully to
  inform the superintendent. The rate and rate information of such insurer
  or  group of insurers shall be those filed from time to time by the rate
  service  organization,  including  any  amendments  thereto  as   filed,
  subject,  however,  in the case of an insurer to the modifications filed
  by such insurer.