(A) All applicants for a limited lines or special producer's license must be vouched for by an official or a licensed representative of the insurer for which the applicant proposes to act, who shall certify whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. When a contract of a producer is canceled by the insurer represented, that insurer shall notify the department of the cancellation within thirty days stating the cause of the termination. The records furnished by insurers are for the use of the department solely and not for public inspection.
(B) When appointing a producer, the insurer shall certify on a form prescribed by the director whether the applicant has been appointed a producer to represent it and that it has duly investigated the character and record of the applicant and has satisfied itself that he is trustworthy and qualified to act as its producer and intends to hold himself out in good faith as an insurance producer. 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.
(C) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the director or his designee, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. An insurer also may elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request. Each appointment must be accompanied by an appointment fee paid by the insurer as prescribed in Section 38-43-80.
(D) Upon receipt of the notice of appointment, the director or his designee shall verify within a reasonable time not to exceed thirty days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the insurance director or his designee shall notify the insurer within five days of its determination.
(E) When placing surplus lines insurance through a licensed insurance broker, a producer licensed for property and casualty insurance is not required to be appointed by the surplus lines insurer.
(F) An insurer shall remit a renewal appointment fee in the amount set forth in Section 38-43-80.
HISTORY: Former 1976 Code Section 38-43-50 [1947 (45) 322; 1952 Code Section 37-655; 1962 Code Section 37-655; 1974 (58) 2718] recodified as Section 38-73-40 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-51-50 [1947 (45) 322; 1952 Code Section 37-234; 1960 (51) 1646; 1962 Code Section 37-234] recodified as Section 38-43-50 by 1987 Act No. 155, Section 1; 2002 Act No. 323, Section 2, eff January 31, 2003; 2003 Act No. 73, Section 8, eff June 25, 2003; 2016 Act No. 137 (H.4660), Section 1, eff March 2, 2016.
Effect of Amendment
2016 Act No. 137, Section 1, in (C), substituted "An insurer also may elect" for "An insurer may also elect"; added (E); and redesignated former (E) as (F).
Structure South Carolina Code of Laws
Chapter 43 - Insurance Producers And Agencies
Section 38-43-20. Producer's license required; exceptions.
Section 38-43-25. Travel insurance producer licensing.
Section 38-43-40. License confers right to appoint producers; notification to director.
Section 38-43-60. Insurance business to be transacted by producers licensed in State; exceptions.
Section 38-43-70. Nonresident producer licensure.
Section 38-43-80. License fees; payment by credit card.
Section 38-43-90. Medical examiners of insurers exempt from license fees.
Section 38-43-102. Temporary insurance producer license; limitation of temporary licensee authority.
Section 38-43-110. Renewal of license; conditions; lapse; request for military waiver.
Section 38-43-130. Probation, revocation, suspension of license, or denial of reissuance.
Section 38-43-160. Unlawfully representing unlicensed insurer.
Section 38-43-170. Personal liability of producers on contracts of unauthorized insurers.
Section 38-43-180. Personal liability of producers for selling policy of unlicensed insurer.
Section 38-43-190. Producer receipt of premium; penalty for fraud.
Section 38-43-200. Prohibition or payment of certain commissions and fees.
Section 38-43-210. Selling stock in insurer.
Section 38-43-220. Stock salesmen may not sell insurance.
Section 38-43-240. Other offenses by producers.
Section 38-43-245. Fraudulent insurance application.
Section 38-43-247. Reporting administrative actions and criminal prosecutions.
Section 38-43-250. Producer records.
Section 38-43-260. Signing certain blank documents.
Section 38-43-410. Service charge; unpaid balance and service charge are lien on unearned premiums.
Section 38-43-420. Advances must be confined to premiums; additional charges prohibited.
Section 38-43-430. Extension of credit constitutes advancement of premiums.
Section 38-43-450. Excess of return premium over unpaid balance and charges held in trust.
Section 38-43-460. Conflict of interest prohibited.
Section 38-43-480. Promulgation of regulations; severability.
Section 38-43-610. Definitions.
Section 38-43-620. Issuance of limited license.
Section 38-43-630. Application for limited license; fee; renewal; advertising.
Section 38-43-650. Licensee to provide written document.
Section 38-43-660. Employees or agents of owner authorized to act.
Section 38-43-670. Prohibited requirements of licensee, employee, or agent.
Section 38-43-680. Revocation or suspension of license; penalties.
Section 38-43-710. Short title.
Section 38-43-715. Application of article.
Section 38-43-720. Definitions.
Section 38-43-740. Compensation.
Section 38-43-760. Responsibility.
Section 38-43-770. Violations of article.
Section 38-43-780. Premium tax on travel insurance premiums.
Section 38-43-790. Travel protection plans.
Section 38-43-800. Sales practices for travel insurers.
Section 38-43-810. Licensing requirements for travel administrators for travel insurance.