Search OpenLegislation Statutes

This entry was published on 2023-04-07
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Title insurance agents; licensing
Insurance (ISC) CHAPTER 28, ARTICLE 21
§ 2139. Title insurance agents; licensing. (a) The superintendent may
issue a license to any person, firm, association or corporation that has
complied with the requirements of this chapter, authorizing the licensee
to act as a title insurance agent of any authorized title insurance

(b) Any such license issued to a firm or association shall authorize
only the members thereof, named in such license as sub-licensees, to act
individually as title insurance agents thereunder, and any such license
issued to a corporation shall authorize only the officers and directors
thereof, named in such license as sub-licensees, to act individually as
title insurance agents thereunder. Every sub-licensee acting as title
insurance agent pursuant to such a license shall be authorized so to act
only in the name of the licensee. At least one designated sub-licensee
must have a financial or other beneficial interest in the licensee.

(c) Every individual applicant for a license under this section and
every proposed licensee shall be eighteen years of age or older at the
time of the issuance of such license.

(d) Before any original title insurance agent's license is issued,
there shall be on file in the office of the superintendent an
application by the prospective licensee in such form or forms and
supplements thereto, along with a fee in the amount of forty dollars for
each year or fraction of a year in which the license shall be valid, and
containing information the superintendent prescribes.

(e) The superintendent shall, in order to determine the competency of
every individual applicant and of every proposed sub-licensee for the
title insurance agent license, require such individual to submit to a
personal written examination and to pass the same to the satisfaction of
the superintendent. The examination shall be held at such times and
places as the superintendent shall from time to time determine. Every
individual applying to take any written examination shall, at the time
of applying therefor, pay to the superintendent or, at the discretion of
the superintendent, directly to any organization that is under contract
to provide examination services, an examination fee of an amount that is
the actual documented administrative cost of conducting said qualifying
examination as certified by the superintendent from time to time. An
examination fee represents an administrative expense and shall not be
refundable. The superintendent may accept, in lieu of any such
examination, the result of any previous written examination, given by
the superintendent, which in the superintendent's judgment, is
equivalent to the examination for which it is substituted.

(f) Every individual seeking to qualify to obtain a license under
subsection (b) of this section shall be required to pass the type or
types of examination prescribed by the superintendent. An individual
shall not be deemed qualified to take the examination unless the
individual has successfully completed a course or courses, approved as
to method and content by the superintendent, covering the title
insurance business and requiring not less than twenty hours of classroom
work or the equivalent in correspondence work or similar instruction.
Such course or courses shall have been given by an institution meeting
the standards prescribed by subparagraph (A) of paragraph one of
subsection (c) of section two thousand one hundred four of this article.

(g) No such written examination or pre-licensing education shall be
required of any:

(1) applicant who files an application under this section within one
year after the effective date of this subsection and who demonstrates to
the satisfaction of the superintendent that such applicant or its
prospective sub-licensee has, without interruption, regularly and
continuously performed the functions of a title insurance agent for a
period of at least five years immediately preceding the filing of such
application and is competent and trustworthy to act as a title insurance

(2) applicant who has passed the written examination given by the
superintendent for a title insurance agent's license and was licensed as
such, or of an applicant who was licensed as a title insurance agent but
did not pass such an examination, provided the applicant applies within
two years following the date of termination of the applicant's license;

(3) applicant seeking to obtain a license as a title insurance agent,
when such applicant is a licensed attorney-at-law in this state provided
that such attorney is in good standing with the New York state office of
court administration.

(h) The superintendent may refuse to issue to an applicant a title
insurance agent's license if, in the superintendent's judgment, the
proposed licensee or any sub-licensee:

(1) is not trustworthy and competent to act as such agent;

(2) has given cause for the revocation or suspension of such a
license; or

(3) has failed to comply with any prerequisite for the issuance of
such license.

(i) (1) Every license issued to a business entity pursuant to
subsection (a) of this section shall expire on June thirtieth of
odd-numbered years.

(2) Every license issued to an individual born in an odd-numbered year
shall expire on the individual's birthday in each odd-numbered year.
Licenses issued to individuals born in even-numbered years shall expire
on the individual's birthday in each even-numbered year.

(3) Every license may be renewed for the ensuing period of twenty-four
months upon the filing of an application in conformity with this

(4) The license may be issued for all of such two year terms, or upon
application made during any such term, for the balance thereof.

(5) Any license shall be considered in good standing within the
license term unless:

(A) revoked or suspended by the superintendent pursuant to this
article; or

(B) if at the expiration date of the license term, the licensee fails
to file a renewal application, provided the license was in good standing
during the term.

(6) Before the renewal of any title insurance agent's license shall be
issued, the licensee shall have:

(A) filed a completed renewal application in such form or forms, and
supplements thereto, and containing such information as the
superintendent may prescribe; and

(B) paid such fees as are prescribed in this section.

(7) If an application for a renewal license shall have been filed with
the superintendent before the expiration of such license, then the
license sought to be renewed shall continue in full force and effect
either until the issuance by the superintendent of the renewal license
applied for or until five days after the superintendent shall have
refused to issue such renewal license and shall have given notice of
such refusal to the applicant and to each proposed sub-licensee. Before
refusing to renew any such license, except on the ground of failure to
pass a written examination, the superintendent shall notify the
applicant of the superintendent's intention to do so and shall give the
applicant a hearing.

(8) The superintendent may, in issuing a renewal license, dispense
with the requirements of a verified application by any individual
licensee or sub-licensee who, by reason of being engaged in any military
service for the United States, is unable to make personal application
for such renewal license, upon the filing of an application on behalf of
such individual, in such form as the superintendent shall prescribe, by
some person or persons who in his or her judgment have knowledge of the
facts and who make affidavit showing such military service and the
inability of such title insurance agent to make personal application.

(9) An individual licensee or sub-licensee who is unable to comply
with license renewal procedures due to other extenuating circumstances,
such as a long-term medical disability, may request a waiver of such
procedures, in such form as the superintendent shall prescribe. The
licensee or sub-licensee may also request a waiver of any examination
requirement or any other fine or sanction imposed for failure to comply
with renewal procedures.

(10) An application for the renewal of a license shall be filed with
the superintendent not less than sixty days prior to the date the
license expires or the applicant shall be subject to a further fee of
ten dollars for late filing.

(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged therefrom under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service, or (C) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, in a current licensing period for the
duration of such period.

(12) Except where a corporation, association or firm licensed as a
title insurance agent is applying to add a sub-licensee or the date of
the expiration of the license is changed, there shall be no fee required
for the issuance of an amended license.

(13) The superintendent may issue a replacement license for a
currently in-force license that has been lost or destroyed. Before such
replacement license shall be issued, there shall be on file in the
office of the superintendent a written application for such replacement
license, affirming under penalty of perjury that the original license
has been lost or destroyed, together with a fee of fifteen dollars.

(j) The superintendent may refuse to issue a license or renewal
license, as the case may be, to any applicant if the superintendent
finds that the applicant has been or will be:

(1) receiving any benefit or advantage in violation of section six
thousand four hundred nine of this chapter; or

(2) acting in a manner inconsistent with:

(A) regulations by the superintendent which are promulgated in
accordance with the relevant provisions of the federal real estate
settlement procedures act of 1974, as amended; or

(B) section twenty-one hundred thirteen of this article.

(k) For the purposes of this chapter, any person or entity performing
any activity related to the procurement or issuance of a title insurance
policy, as the result of an authorization or request from a licensed
title agent or title insurance corporation, shall be presumed to be
acting under the authority of such licensed agent or title insurance
corporation, for the purpose of performing such activity so authorized
or requested.