N.J. Admin. Code § 11:17A-1.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 11:17A-1.3 - Who must be licensed; exceptions

(a) Except as provided in 11:17B-2.1(b) or (e), no person shall act as an insurance producer or maintain or operate any office in this State for the transaction of the business of an insurance producer, or receive any commission, brokerage fee, compensation or other consideration for services rendered as an insurance producer, without first obtaining a license from the Commissioner granting authority for the kind of insurance transacted.

(b) Unless otherwise specifically provided by 17:22A-26 et seq., any person who solicits, negotiates or sells contracts of insurance in New Jersey shall be considered to be transacting the business of insurance in New Jersey so as to require licensure as an insurance producer.

(c) Engaging in a single act or transaction of the business of an insurance producer, or holding oneself out to the public or an insurance producer as being so engaged, shall be sufficient proof of engaging in the business of an insurance producer as to require licensure pursuant to 17:22A-26 et seq.

(d) No licensed insurance producer shall permit or allow any unlicensed person to transact the business of an insurance producer.

(e) Officers or employees of insurers authorized to do business in this State and officers or employees of licensed insurance producers, who solicit, negotiate or sell insurance by communicating directly with the public whether in person or by mail, fax, computer or telephone, in the name of and on behalf of the insurer or the licensed insurance producer, for compensation of any type, shall be licensed as an insurance producer. The requirements of this subsection shall not apply to officers or employees whose participation in the solicitation, negotiation or sale of insurance contracts is in a manner not requiring a license as an insurance producer as described in 17:22A-30(b).

N.J. Admin. Code § 11:17A-1.3

Amended by R.1991 d.52, effective 2/4/1991.
See: 22 N.J.R. 3444(a), 23 N.J.R. 310(a).
In (e): revised date to "January 1, 1992."
Amended by R.1992 d.44, effective 1/21/1992.
See: 23 N.J.R. 1912(a), 24 N.J.R. 287(c).
Application of (e) specified.
Amended by R.1993 d.49, effective 1/19/1993.
See: 24 N.J.R. 3220(a), 25 N.J.R. 313(a).
Licensure or registration required by (c) to be secured by May 1, 1993.
Amended by R.1993 d.199, effective 5/3/1993.
See: 25 N.J.R. 446(a), 25 N.J.R. 1878(a).
Text at (e) amended to include officers and employees of insurance producers; and to clarify that direct contact with the public requires license.
Amended by R.1995 d.60, effective 2/6/1995.
See: 26 N.J.R. 4307(a), 27 N.J.R. 562(a).
Amended by R.2002 d.354, effective 11/4/2002.
See: 34 N.J.R. 2286(a), 34 N.J.R. 2549(b), 34 N.J.R. 3839(a).
In (a), inserted "Except as provided in N.J.A.C. 11:17B-2.1(b) or (e)," preceding "No person shall act"; in (b) and (c), amended the N.J.S.A. references and substituted "sells" for "effects" preceding "contracts of insurance" in (b); rewrote (e).