§431:9J-102  License required; application.  (a)  No person shall act as or hold out to be an administrator in this State without a license as an administrator issued by the commissioner.

     (b)  An administrator shall apply to the commissioner on a form prescribed by the commissioner and shall include the following:

     (1)  A nonrefundable fee as set forth in section 431:7-101;

     (2)  All basic organizational documents of the administrator, including any articles of incorporation, articles of association, partnership agreement, trade name certificate, trust agreement, shareholder agreement, and other applicable documents and all amendments to the documents;

     (3)  The bylaws, rules, regulations, or similar documents regulating the internal affairs of the administrator;

     (4)  The names, addresses, official positions, and professional qualifications of the individuals responsible for the conduct of affairs of the administrator, including but not limited to all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the principal officers in the case of a corporation, or the partners in the case of a partnership;

     (5)  Annual financial statements for the two most recent years that prove the applicant has a positive net worth and information the commissioner may require to review the current financial condition of the applicant; and

     (6)  Any other pertinent information the commissioner may require.

     (c)  An administrator licensee or applicant for licensure shall notify the commissioner within thirty days of any material change in its ownership, control, contact person for the administrator, or any other fact or circumstance affecting the licensee's or applicant's qualification for licensure.

     (d)  If an administrator employs or has contracted individuals to sell, solicit, or negotiate insurance business, the employees or contracted individuals shall first be licensed as producers.  An administrator who intends to directly solicit insurance contracts or otherwise act as a producer shall first be licensed as an insurance producer.

     (e)  The commissioner may refuse to issue a license if the commissioner determines, after notice and hearing pursuant to section 431:2-308 and chapter 91, that the administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation, or has had an application for an insurance license denied or revoked for cause within the past five years.

     (f)  The license shall be renewable or extendable biennially.  The license shall remain in effect so long as the fees set forth in section 431:7-101 are paid.

     (g)  The commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners or any affiliations or subsidiaries that the National Association of Insurance Commissioners oversees, to perform any ministerial functions relating to the licensure of administrators. [L 2019, c 72, pt of §1; am L 2021, c 111, §13]