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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

31 Pa. Code § 37.33. Agent application procedures.

§ 37.33. Agent application procedures.

 (a)  The applicant shall complete the application for an initial certificate and the initial appointing entity shall endorse the applicant as provided in section 603(a)(4) of the act (40 P. S. §  233(a)(4)), certifying its intent to appoint the applicant.

 (b)  The agent application shall be subscribed and sworn to before a notary public. Applications executed more than 3 months prior to the date of filing with the Department will not be accepted. The entity endorsing the applicant will be held responsible for its endorsement of statements contained in the application.

 (c)  The making of a false statement in an application may constitute a ground for certificate denial or revocation.

 (d)  Initial certificates will be valid as of the date issued by the Department until the expiration date stated on the certificate.

 (e)  Employes of partnerships and corporations who apply for a certificate shall apply individually.

 (f)  To be certified, a partnership or corporation shall have at least one qualifying active partner or one qualifying active officer as listed in §  37.37 (relating to corporation or partnership certificate/license). The worthiness of a partnership or corporation to be certified is determined by the worthiness of the qualifying active partners or qualifying active officers.

 (g)  A person who solicits, negotiates or places risks, regardless of employment or official connection with a partnership or corporation, and acts in the name of the partnership or corporation or individually, shall be certified individually.

 (h)  The procedures in this section apply to new agents or existing agents applying for additional lines of authority. To receive a certificate with additional lines of authority, an existing agent shall surrender the previous certificate when submitting the application form.

 (i)  Before a certificate is granted, the applicant shall first answer and submit, in writing and under oath, interrogatories on forms and supplements prepared by the Department. The answers shall be endorsed by the entity interested and be to the effect that the applicant is of good business reputation and is worthy to conduct the business of insurance.

 (j)  When the Commissioner is satisfied that the applicant is worthy of an agent certificate, the applicant has passed the appropriate agent examination or qualified for a waiver, and has received from an entity notice of intent to appoint the applicant, the Commissioner will issue a certificate stating that the agent has complied with the law and has been authorized by the Department to transact business within this Commonwealth, and that the agent has been appointed by the entity in accordance with subsection (i).

Cross References

   This section cited in 31 Pa. Code §  37.31 (relating to general application requirements).

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