New York Insurance Code § 2102

Acting without a license
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§ 2102. Acting without a license. (a) (1) (A) No person, firm,\nassociation or corporation shall act as an insurance producer, insurance\nadjuster or life settlement broker in this state without having\nauthority to do so by virtue of a license issued and in force pursuant\nto the provisions of this chapter.\n  (B) No person, firm, association or corporation shall act as an excess\nline broker in this state without having authority to do so by virtue of\na license issued and in force pursuant to section two thousand one\nhundred five of this article, provided, however, that such person, firm,\nassociation or corporation shall not be required to be licensed as an\nexcess line broker where the insured's home state is a state other than\nthis state and such person, firm, association or corporation is\notherwise licensed to sell, solicit or negotiate excess line insurance\nin the insured's home state.\n  (2) Any person, firm, association or corporation who or which acts as\na reinsurance intermediary in violation of paragraph one hereof shall,\nin addition to other penalties prescribed by law, be subject to a\npenalty not to exceed five thousand dollars for each transaction.\n  (b) (1) Unless licensed as an insurance agent, insurance broker or\ninsurance consultant, no person, firm, association or corporation shall\nin this state identify or hold himself or itself out to be an insurance\nadvisor, insurance consultant or insurance counselor.\n  (2) No person, firm, association or corporation shall use any other\ndesignation or title which is likely to mislead the public or shall hold\nhimself or itself out in any manner as having particular insurance\nqualifications other than those for which he may be otherwise licensed\nor otherwise qualified.\n  (3) Unless licensed as an insurance agent, insurance broker or\ninsurance consultant with respect to the relevant kinds of insurance, no\nperson, firm, association or corporation shall receive any money, fee,\ncommission or thing of value for examining, appraising, reviewing or\nevaluating any insurance policy, annuity or pension contract, plan or\nprogram or shall make recommendations or give advice with regard to any\nof the above.\n  (4) This subsection shall not apply to:\n  (A) licensed attorneys at law of this state acting in their\nprofessional capacity as such;\n  (B) actuaries or certified public accountants who provide information,\nrecommendations, advice or services in their professional capacity, if\nneither they nor their employer receive any compensation directly or\nindirectly on account of any insurance, bond, annuity or pension\ncontract that results in whole or part from such information,\nrecommendation, advice or services; or\n  (C) regular salaried officers or employees of an insurer who devote\nsubstantially all of their services to activities other than the\nrendering of consulting services to the insuring public while acting in\ntheir capacity as such in discharging the duties of their employment.\n  (5) Paragraphs one and three of this subsection shall not apply to any\nperson who has received a grant from and has been certified by the\nhealth benefit exchange established pursuant to section 1311 of the\nAffordable Care Act, 42 U.S.C. § 18031 (i), including persons employed\nby certified navigators; provided that the person: (A) has completed the\ntraining required by the health benefit exchange; (B) does not sell\ninsurance; (C) does not engage in any activity with respect to insurance\nnot expressly permitted under 42 U.S.C. § 18031 (i) (3) and regulations\nthereunder; and (D) does not receive any compensation for acting as a\nnavigator directly or indirectly from an insured, insurance producer, or\nan insurer.\n  (c) Unless licensed as a reinsurance intermediary, no person, firm,\nassociation or corporation shall in this state act as a reinsurance\nintermediary or use any other designation or title which is likely to\nmislead the public or hold himself or its

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