State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ]

90_HB0224

      215 ILCS 5/491.1          from Ch. 73, par. 1065.38-1
      215 ILCS 5/499.1          from Ch. 73, par. 1065.46-1
          Amends the Illinois  Insurance  Code.   Provides  that  a
      registered firm may be a limited liability company.  Provides
      that  a  limited  liability  company that transacts insurance
      business as an  insurance  agency  shall  register  with  the
      Director of Insurance.
                                                     LRB9001101JSgc
                                               LRB9001101JSgc
 1        AN  ACT  to amend the Illinois Insurance Code by changing
 2    Sections 491.1 and 499.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Insurance  Code is amended by
 6    changing Sections 491.1 and 499.1 as follows:
 7        (215 ILCS 5/491.1) (from Ch. 73, par. 1065.38-1)
 8        Sec. 491.1.  Definitions.  In addition to the definitions
 9    in  Section  2,  the  following  definitions  apply  to  this
10    Article.
11        (a)  Insurance.  Insurance  is  any  of  the  classes  of
12    insurance found in Section 4.
13        (b)  Insurance  Producer.   An  insurance  producer is an
14    individual  who  solicits,  negotiates,  effects,   procures,
15    renews,  continues  or  binds  policies of insurance covering
16    property or risks located in Illinois.
17        (c)  License.  A license is  a  document  authorizing  an
18    individual to act as an insurance producer, limited insurance
19    representative  or temporary insurance producer, as specified
20    in such document.
21        (d)  Limited   Insurance   Representative.    A   limited
22    insurance representative is an  individual  appointed  by  an
23    insurance  company  to  represent  that company regarding the
24    types of insurance set forth in Section 495.1.
25        (e)  Registered   Firm.    A   registered   firm   is   a
26    corporation, or partnership,  or  limited  liability  company
27    which  transacts  the  business  of insurance as an insurance
28    agency.
29    (Source: P.A. 85-334.)
30        (215 ILCS 5/499.1) (from Ch. 73, par. 1065.46-1)
                            -2-                LRB9001101JSgc
 1        Sec. 499.1.  Registered firms.
 2        (a)  Any  corporation,   or   partnership,   or   limited
 3    liability   company  transacting  insurance  business  as  an
 4    insurance agency shall  register  with  the  Director  before
 5    transacting   insurance   business   in   this   State.  Such
 6    registration shall remain in effect as long as the firm  pays
 7    the  annual fee required by Section 509.1 of this Code by the
 8    date due, unless the registration  is  revoked  or  suspended
 9    pursuant to Section 505.1 of this Code.
10        (b)  Each  firm  required  to register before acting as a
11    registered firm pursuant to this Article shall appoint one or
12    more  licensed  insurance   producers   who   are   officers,
13    directors,  or partners in the firm to be responsible for the
14    firm's compliance with the insurance laws and Title 50 of the
15    Illinois Administrative Code.  Such individual or individuals
16    shall submit to the Director a registration form and the fees
17    required by Section 509.1.  The Director shall prescribe  the
18    registration  form  and  may require any documents reasonably
19    necessary  to  verify  the  information  contained   in   the
20    registration  form.  Within  30 days of a change in officers,
21    directors, or partners who are appointed  to  be  responsible
22    for  the  firm's compliance with the insurance laws and Title
23    50 of the Illinois Administrative Code, the firm shall report
24    the change to the Department.
25        (c)  The registered firm shall  inform  the  Director  in
26    writing of a change in its business address within 30 days of
27    such change.
28        (d)  Each  registered  firm  shall  disclose its members,
29    officers or directors who are authorized to act as  insurance
30    producers,  and  report  any changes in such personnel to the
31    Director within 30 days of such changes.
32        (e)  A registered firm may not be a national bank located
33    in a city, village or incorporated  town  with  a  population
34    exceeding 5,000 according to the last federal census, a State
                            -3-                LRB9001101JSgc
 1    bank  or a trust company, or a subsidiary, affiliate, officer
 2    or employee of any such  national  or  State  bank  or  trust
 3    company  contributing directly or indirectly to the income of
 4    such bank or trust company any profit or fees or part thereof
 5    derived from the solicitation, negotiation  or  effecting  of
 6    insurance.
 7    (Source: P.A. 89-240, eff. 1-1-96.)

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