As Amended
SEC. 83-17-205. Proof of qualifications of applicant for license [Repealed effective January 1, 2002].
(1) Before the issuance of a license or certificate of authority under the provisions of this article, the applicant, who shall be a natural person, resident of this state, at least eighteen (18) years of age, and the company or companies which the applicant proposes to represent shall file with the commissioner evidence in such form as the commissioner shall have prescribed, showing that the applicant is qualified, fit and trustworthy to act as an agent and to solicit the kind or kinds of insurance for which a license is requested; and the applicant shall submit evidence in such form as may be required by the commissioner of his intent to act in good faith as an agent and that he is not seeking a license for the purpose of acquiring or saving commissions, premiums or other valuable considerations on policies of insurance to be issued to himself or to his relatives, business associates, employers or employees, or in which they or either of them have an interest. In the event the applicant has not been previously licensed within the last two (2) years as an agent for the kind or kinds of insurance for which a license is requested, the commissioner shall, as a test of the applicant's knowledge and other qualifications provided for herein, require that the applicant submit to a written examination approved by the commissioner which shall cover the type of license desired, whether the same be a general license to apply to all lines or a limited license applicable to grouping by type, types or kinds as set out hereinafter. Any license issued under this article shall state the kind or kinds of insurance which the agent is authorized to write.
(2) In addition to requirements set out in subsection (1) of this section, the commissioner shall require such company requesting appointment of the applicant as agent for the first time to furnish a certificate to the commissioner, verified by an executive officer or managing general or special agent of such company, that the company has duly investigated the character and record of such person and has satisfied itself that such person is of good moral character and is qualified, fit and trustworthy to act as its agent. The Commissioner of Insurance may at any time require any company to obtain a credit report on an agent if the commissioner deems such request advisable.
Should such credit report reflect information regarding an offense or violation in relation to which the Department of Insurance has taken action, such information shall not render applicant ineligible for license if applicant has complied with the order of the commissioner regarding such offense.
(3) No license shall be issued to any applicant nor shall the Commissioner of Insurance issue a renewal of any license as agent or solicitor until the new or renewal applicant shall file an affidavit with the Commissioner of Insurance that the applicant shall in good faith engage in the insurance business as agent or solicitor, and that he is not seeking a license for the purpose of acquiring or saving commissions, premiums or other valuable considerations on "controlled business"; that is, on policies of insurance to be issued to himself or to his relatives, business associates, employers or employees, or in which they or either of them have an interest. The title retained in connection with conditional sales or title retention contracts shall not be construed to constitute "an interest" in the seller within the meaning of this article. A violation of this provision of this section shall be deemed to be probable if the commissioner finds that during any twelve-month period aggregate commissions or other compensations accruing in favor of the applicant based upon the insurance procured or to be procured by or through the applicant with respect to his own interests or those of his family, relatives, employers, employees or business associates, as provided herein, have exceeded or will exceed thirty-five percent (35%) of the aggregate amount of commissions or compensations accruing to him as agent or his agency during such period of time.
Nothing herein contained shall prohibit the licensing under a limited license as to motor vehicle physical damage insurance, any person employed by or associated with a motor vehicle sales agency with respect to insurance on a motor vehicle sold, serviced or financed by it. Whenever employment is terminated of any such person employed by or associated with any such agency, the Commissioner of Insurance shall be notified, and the license shall be cancelled immediately.
It is further provided that the provisions of this section likewise shall not apply with respect to the interest of a real estate mortgagee in or as to insurance covering such interest or in the real estate subject to such mortgage.
(4) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SOURCE: Codes, 1942, § 5723-02; Laws, 1948, ch. 352, § 2; Laws, 1964, ch. 472, § 2; Laws, 1988, ch. 375 § 2; Laws, 1994, ch. 328, § 1; Laws, 1997, ch. 588, § 69; Laws, 2001, ch. 510, § 34, SB 2359, eff from and after Jan. 1, 2002.
PREVIOUS VERSIONS: Pre-2001