Section 2111. Revoked licensees  


Latest version.
  • (a)  (1)  No  individual,  corporation,
      partnership, association, firm or entity subject to  the  provisions  of
      this chapter whose license under this article has been revoked, or whose
      license  to engage in the business of insurance in any capacity has been
      revoked by any other state or  territory  of  the  United  States  shall
      become   employed   or  appointed  as  an  officer,  director,  manager,
      controlling person or for other  services,  without  the  prior  written
      approval of the superintendent, unless such services are for maintenance
      or are clerical or ministerial in nature.
        (2)  No  individual,  corporation,  partnership,  association, firm or
      entity subject to the provisions of this chapter shall knowingly  employ
      or  appoint any person or entity whose license issued under this article
      has been revoked,  or  whose  license  to  engage  in  the  business  of
      insurance  in  any  capacity  has  been  revoked  by  any other state or
      territory of the  United  States,  as  an  officer,  director,  manager,
      controlling  person  or  for  other  services, without the prior written
      approval of the superintendent, unless such services are for maintenance
      or are clerical or ministerial in nature.
        (3) No corporation or partnership subject to the  provisions  of  this
      chapter  shall  knowingly  permit  any person whose license issued under
      this article has been  revoked,  or  whose  license  to  engage  in  the
      business  of  insurance  in  any  capacity has been revoked by any other
      state, or territory of the United States, to be a shareholder or have an
      interest in such corporation or partnership, nor shall any  such  person
      become  a  shareholder  or  partner  in such corporation or partnership,
      without the prior written approval of the superintendent.
        (4) For the purpose of this section  a  "controlling  person"  is  any
      person  who or which, directly or indirectly, has the power to direct or
      cause to be directed the  management,  control  or  activities  of  such
      licensee.
        (b)  The  superintendent  may  approve  the employment, appointment or
      participation of any such person whose license has been revoked:
        (1) if he determines that the  duties  and  responsibilities  of  such
      person  are  subject to appropriate supervision and that such duties and
      responsibilities will not have an adverse effect upon the public,  other
      licensees,  or  the licensee proposing employment or appointment of such
      person; or
        (2) if such person has filed an application for  relicensing  pursuant
      to  this  article  and  the  application  for  relicensing  has not been
      approved or denied within one hundred twenty days following  the  filing
      thereof,  unless the superintendent determines within the said time that
      employment or appointment of such person by a licensee in the conduct of
      an insurance business would not be in the public interest.
        (c) The provisions of this section shall not apply to the ownership of
      shares of any corporation licensed  pursuant  to  this  article  if  the
      shares  of  such  corporation  are  publicly  held  and  traded  in  the
      over-the-counter market or upon  any  national  or  regional  securities
      exchange.
        (d)  The  provisions  of  this  section  shall  apply to relationships
      created or proposed  on  or  after  September  first,  nineteen  hundred
      eighty-two,  as  well  as  to  any person whose license is revoked on or
      after such date.
        (e) The provisions  of  section  one  hundred  thirty  of  the  former
      insurance law, as added by chapter four hundred twenty-seven of the laws
      of  nineteen  hundred  eighty  and  repealed  and  added by chapter four
      hundred eighty-four of the laws of nineteen hundred eighty-two, shall be
      deemed to be and remain in full force and effect and  be  so  applicable
      with  respect  to relationships created or proposed, and germain to such
    
      section prior to September first, nineteen hundred eighty-two,  as  well
      as to any person whose license was revoked on or before such date.