Any person who, for a fee, is engaged in the business of offering any advice, counsel, opinion or service with respect to the benefits, advantages or disadvantages promised under any insurance policy that could be issued in North Dakota, must be licensed as a consultant unless exempted by N.D.C.C. § 26.1-26-10.
Public adjusters must also be licensed as consultants.
Consultants cannot concurrently hold a license as an insurance producer and cannot sell, solicit or negotiate insurance in North Dakota.
In advance of rendering any service as a consultant, the written agreement (on the form that has been approved by the Insurance Commissioner) shall be signed by both the consultant and the client. The consultant shall retain a copy of the agreement and make it available to the North Dakota Insurance Department upon request (see N.D.C.C. § 26.1-26-35). The form must be approved by the Commissioner prior to its use in North Dakota. The agreement that the consultant intends to use in North Dakota must be attached to the application form. The agreement shall substantially comply with the sample Insurance Consultant Agreement or the sample Public Adjuster Consultant Agreement available from the Department.
Individuals may apply for a North Dakota consultant license using the National Association of Insurance Commissioners (NAIC) Uniform Application for Individual Producer License/Registration form. Please indicate on the form that you wish to apply for a consultant license. The initial license fee is $100. Resident applicants must qualify by exam for the lines of authority they want on their North Dakota consultant license.
Non-resident individuals must hold a similar license in their resident state. If the resident license cannot be verified on the National Insurance Producer Registry (NIPR) Producer DataBase, applicants must provide evidence of an active license in their home state.
Business entities must have at least one designated responsible licensed producer (DRLP) as a consultant in North Dakota. The business entity should also contact the North Dakota Secretary of State to ensure compliance with North Dakota corporate law.
It is important to make sure you answer all questions completely and disclose all information requested. You must disclose all criminal convictions and pending criminal charges. Question number one allows you to exclude misdemeanor traffic citations or convictions involving driving under the influence (DUI) or driving while intoxicated (DWI), driving without a license, reckless driving or driving with a suspended or revoked license and juvenile offenses. You must disclose all other criminal convictions and pending charges including, but not limited to, NSF checks and Minor in Possession. These criminal convictions must be disclosed regardless of when they occurred. See Bulletin 2009-2 for more information. If you have any questions about what needs to be disclosed, contact the North Dakota Insurance Department before submitting your application.
N.D.C.C. § 26.1-02.1-02.1 prohibits a person convicted of a felony involving dishonesty or breach of trust from participating in the business of insurance. A license cannot be issued to anyone with this type of conviction. Failure to make full disclosure may result in denial of your application.
All licenses must be renewed by April 30 of each year up to 90 days prior to the expiration date. The renewal fee is $25. Licenses that are not renewed by April 30 will be canceled. There is no grace period.
Please submit the renewal application through the National Insurance Producer Registry (NIPR). The renewal fee is $25 and the transaction fee is $5. Business entities may also apply for renewal through the NIPR.
Tips for completing the renewal application:
- Individuals do not need to complete the section asking about agency or business entity affiliations. This is not required for North Dakota.
- Your address cannot be updated by making changes on the renewal application. If the address is wrong or incomplete, you must file a separate address change request.
If you are unable to submit your renewal application electronically, please print the National Association of Insurance Commissioners (NAIC) Uniform Application for Individual Producer License Renewal/Continuation for. Complete, sign and date the form and mail it with the renewal fee of $25 to the North Dakota Insurance Department. If submitting a paper application, allow additional processing time.
Business entities may apply for renewal by paper, if unable to do so electronically, using the NAIC Uniform Application for Business Entity Insurance License Renewal/Continuation form.