Title 23 — Public Utilities and Regulated Industries

A.C.A. § 23-64-308Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

This subchapter may be cited as the “Managing General Agents Act”.

(a) “Actuary” means a person who is a member in good standing of the American Academy of Actuaries. (b) “Insurer” means any person, firm, association, limited liability company, or corporation duly licensed in this state as an insurance company. (c) (1) “Managing general agent” m…

(a) No person, firm, association, limited liability company, or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless the person is a licensed managing general agent in this state…

(1) No person, firm, association, limited liability company, or corporation acting in the capacity of a managing general agent shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party …

(a) The insurer shall have on file an independent financial examination, in a form acceptable to the Insurance Commissioner, of each managing general agent with which it has done business. (b) If a managing general agent establishes loss reserves, the insurer shall annually obtai…

The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer.

(a) If the Insurance Commissioner finds after a hearing conducted in accordance with § 23-61-301 et seq. that any person has violated any provision of this subchapter, the commissioner may order:(1) For each separate violation, a penalty in an amount of two thousand dollars ($2,0…

The Insurance Commissioner may adopt reasonable rules for the implementation and administration of the provisions of this subchapter.

(a) This subchapter shall be known and may be cited as the “Producer Licensing Model Act”. (b) This subchapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency, permits th…

(1) For purposes of this subchapter:(1) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity;(2) “Home state” means the District of Columbia and any state or territory of the United States…

A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this subchapter.

(a) Nothing in this subchapter shall be construed to require an insurer to obtain an insurance producer license. In this section, the term “insurer” does not include an insurer's officers, directors, employees, subsidiaries, or affiliates. (b) A license as an insurance producer s…

(a) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to § 23-64-205. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and …

(a) A person applying for a resident insurance producer license shall make application to the Insurance Commissioner on the National Association of Insurance Commissioners' Uniform Application and declare under penalty of refusal, suspension, or revocation of the license that the…

(a) Unless denied licensure pursuant to § 23-64-512, persons who have met the requirements of §§ 23-64-505 and 23-64-506 shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one (1) or more of the following lines of autho…

(a) Unless denied licensure pursuant to § 23-64-512, a nonresident person shall receive a nonresident producer license if:(1) The person is currently licensed as a resident and in good standing in his or her home state;(2) The person has submitted the proper request for licensure…

(a) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person i…

An insurance producer doing business under any name other than the producer's legal name is required to notify the Insurance Commissioner prior to using the assumed name.

(a) The Insurance Commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty (180) days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business i…

(a) The Insurance Commissioner may place on probation, suspend, revoke, or refuse to issue or renew an insurance producer's license or may levy a civil penalty in accordance with § 23-64-216 or any combination of actions for any one (1) or more of the following causes:(1) Providi…

(a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this subchapter and is no…

(a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (b) To appoint a producer as its agen…

(a) Termination for Cause. An insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with a producer shall notify the Insurance Commissioner within thirty (30) days following the effectiv…

(a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by § 23-64-508, if the applicant's home state awards nonresident licenses to residents of this state on…

(a) (1) A producer shall report to the Insurance Commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty (30) days after the final disposition of the matter.(2) The report shall includ…

The Insurance Commissioner may, in accordance with § 23-61-108, promulgate reasonable rules as are necessary or proper to carry out the purposes of this subchapter.

(a) The Insurance Commissioner may participate, in whole or in part, with the National Association of Insurance Commissioners, or any of its affiliates or subsidiaries, in a centralized producer license registry where insurance producer licenses and appointments may be centrally …

(a) As used in this section:(1) “Affiliate” means a person that controls, is controlled by, or is under common control with a producer;(2) (A) “Compensation from an insurer or other third party” means payments, commissions, fees, overrides, bonuses, contingent commissions, loans,…

This subchapter shall be known and may be cited as the “Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act”.

(1) As used in this subchapter:(1) “Applicant” means a person who has applied to become licensed under this subchapter as a navigator, guide, certified application counselor, or certified licensed producer;(2) “Certified application counselor” means a person who is licensed under…

(a) (1) A person shall not act as a navigator in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity.(2) A health insurer or an affiliate of a health insurer is not an eligible entity. (1) A person shall not act as a navig…

(a) (1) A person shall not act as a guide in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity.(2) A health insurer or an affiliate of a health insurer is not an eligible entity. (1) A person shall not act as a guide in …

(a) (1) A person shall not act as a certified application counselor in this state through a health insurance marketplace unless licensed under this subchapter and working for a marketplace-designated organization.(2) A health insurer or an affiliate of a health insurer is not an …

A person shall not act as a certified licensed producer in this state through a health insurance marketplace unless certified under this subchapter.

(a) To qualify for a license or certification under this subchapter, a person shall:(1) Be at least eighteen (18) years of age;(2) Have received a high school diploma or a high school equivalency diploma approved by the Adult Education Section;(3) Be competent, trustworthy, finan…

(a) A licensee shall submit an application for renewal of a license or certification issued under this subchapter in a form prescribed by the Insurance Commissioner. (b) An applicant for a license or certification renewal is required to complete continuing education as prescribed…

(a) A licensee is subject to the insurance laws of this state, including those concerning privacy, market conduct, and unfair trade practices acts. (b) A licensee shall:(1) Comply with other consumer protection and market conduct standards that the Insurance Commissioner consider…

(a) Except for a certified licensed producer, a licensee shall not:(1) Receive compensation directly or indirectly from any health insurer;(2) Engage in an activity that requires licensing as a residential insurance producer under the Producer Licensing Model Act, § 23-64-501 et …

(a) The Insurance Commissioner by order may deny, suspend, revoke, or refuse to issue or renew a license of a licensee or applicant under this subchapter or may restrict or limit the activities of a licensee if the commissioner finds that:(1) The order is in the public interest; …

(a) The health insurance marketplace in this state may accept grants or contract with a governmental or nongovernmental entity that uses navigators or guides on the conditions the health insurance marketplace finds to be in the best interest of the citizens of this state if the g…

(a) The Insurance Commissioner may promulgate rules to implement this subchapter. (b) Rules promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the United States Secretary of Health and Human Services under the federal a…

(a) This subchapter is amendatory to the Arkansas Insurance Code. (b) Provisions of the Arkansas Insurance Code that are not in conflict with this subchapter apply to this subchapter. (c) This subchapter and actions taken by the health insurance marketplace in this state under th…

(a) (1) No person or entity in this state shall act as agent or broker for or otherwise represent or aid any insurer, health maintenance organization, multiple employer welfare arrangement, multiple employer trust, association, or any other person or entity in the solicitation, n…

As to transactions not permitted under § 23-63-201, no unauthorized insurer shall institute or file, or cause to be instituted or filed, any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state unt…

(a) (1) An insured or self-insured whose home state is this state who directly procures, causes to be procured, continues, or renews insurance in an unauthorized insurer, including surplus lines insurance when procured without use of a surplus lines broker pursuant to the insuran…

(a) (1) Every person as to whom insurance is placed with an unauthorized insurer, upon the Insurance Commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount …

A.C.A. § 23-65-105Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) This subchapter constitutes and may be cited as the “Unauthorized Insurers Process Act”. (b) This subchapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.

Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with such insurance by or on behalf of the insurer, shall be d…