New York Insurance Code § 2139

Title insurance agents; licensing
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§ 2139. Title insurance agents; licensing. (a) The superintendent may\nissue a license to any person, firm, association or corporation that has\ncomplied with the requirements of this chapter, authorizing the licensee\nto act as a title insurance agent of any authorized title insurance\ncorporation.\n  (b) Any such license issued to a firm or association shall authorize\nonly the members thereof, named in such license as sub-licensees, to act\nindividually as title insurance agents thereunder, and any such license\nissued to a corporation shall authorize only the officers and directors\nthereof, named in such license as sub-licensees, to act individually as\ntitle insurance agents thereunder. Every sub-licensee acting as title\ninsurance agent pursuant to such a license shall be authorized so to act\nonly in the name of the licensee. At least one designated sub-licensee\nmust have a financial or other beneficial interest in the licensee.\n  (c) Every individual applicant for a license under this section and\nevery proposed licensee shall be eighteen years of age or older at the\ntime of the issuance of such license.\n  (d) Before any original title insurance agent's license is issued,\nthere shall be on file in the office of the superintendent an\napplication by the prospective licensee in such form or forms and\nsupplements thereto, along with a fee in the amount of forty dollars for\neach year or fraction of a year in which the license shall be valid, and\ncontaining information the superintendent prescribes.\n  (e) The superintendent shall, in order to determine the competency of\nevery individual applicant and of every proposed sub-licensee for the\ntitle insurance agent license, require such individual to submit to a\npersonal written examination and to pass the same to the satisfaction of\nthe superintendent. The examination shall be held at such times and\nplaces as the superintendent shall from time to time determine. Every\nindividual applying to take any written examination shall, at the time\nof applying therefor, pay to the superintendent or, at the discretion of\nthe superintendent, directly to any organization that is under contract\nto provide examination services, an examination fee of an amount that is\nthe actual documented administrative cost of conducting said qualifying\nexamination as certified by the superintendent from time to time. An\nexamination fee represents an administrative expense and shall not be\nrefundable. The superintendent may accept, in lieu of any such\nexamination, the result of any previous written examination, given by\nthe superintendent, which in the superintendent's judgment, is\nequivalent to the examination for which it is substituted.\n  (f) Every individual seeking to qualify to obtain a license under\nsubsection (b) of this section shall be required to pass the type or\ntypes of examination prescribed by the superintendent. An individual\nshall not be deemed qualified to take the examination unless the\nindividual has successfully completed a course or courses, approved as\nto method and content by the superintendent, covering the title\ninsurance business and requiring not less than twenty hours of classroom\nwork or the equivalent in correspondence work or similar instruction.\nSuch course or courses shall have been given by an institution meeting\nthe standards prescribed by subparagraph (A) of paragraph one of\nsubsection (c) of section two thousand one hundred four of this article.\n  (g) No such written examination or pre-licensing education shall be\nrequired of any:\n  (1) applicant who files an application under this section within one\nyear after the effective date of this subsection and who demonstrates to\nthe satisfaction of the superintendent that such applicant or its\nprospective sub-licensee has, without interruption, regularly and\ncontinuously performed the functions of a title insurance agent for a\nperiod of at least five years immediately preceding the fi

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