License Minnesota

Managing General Agent

Minnesota Department of Commerce

Agency contact information:

Commerce, Minnesota Department of
85 7th Place East, Suite 500
St. Paul, MN 55101
(651) 539-1500
(651) 539-1547(fax)
Division of Insurance
(651) 539-1700
Licensing Unit
(651) 539-1599 | (800) 657-3978 (MN only, outside Metro area)
(651) 539-0107 (fax)
Contact Info: licensing.commerce@state.mn.us

Website:

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The Minnesota Department of Commerce is the chief regulator for the banking, energy, insurance, real estate, securities, telecommunications industries and also operates Minnesota's Unclaimed Property.

Statutes:

Minn. Stats. 60H

Rules:

 

Forms:

See the MN Dept. of Commerce, Insurance Division, Insurance Companies section at Insurance Company License Applications.

Requirements:

Who needs a license?

Under Minnesota law, a managing general agent is a person, firm, association or corporation who

(1) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and

(2) acts as an agent for the insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year, together with one or more of the following activities related to the business produced:
(i) adjusts or pays any claim exceeding $5,000, or any combination of claims, the aggregate of which exceeds $25,000, in any 12 consecutive months, or
(ii) negotiates reinsurance on behalf of the insurer.

A managing general agent representing an insurer licensed in Minnesota with respect to risks located in Minnesota must be licensed in Minnesota.

A managing general agent representing an insurer domiciled in Minnesota with respect to risks located outside Minnesota must be licensed in Minnesota as a managing general agent. The license may be a nonresident license.

The following persons do not require licensure as a managing general agent:

(1) an employee of the insurer;

(2) a United States manager of the United States branch of an alien insurer;

(3) an underwriting manager who, pursuant to contract, manages all or a part of the insurance or reinsurance operation of the insurer, is under common control with the insurer, subject to the Insurance Holding Company Act, Minn. Stat. § 60D, and whose compensation is not based on the volume of premiums written; or

(4) an attorney in fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney.


How to get a license


The following must be submitted for a managing general agent license:

1) A completed agency license application.

2) The $220 agency license fee. In accordance with Minn. Stat. § 16E.22, this fee includes a 10% OET surcharge, which is being collected on behalf of the Minnesota Office of Enterprise Technology to fund a statewide electronic licensing system. Cash is not accepted. Send a check or money order payable to Minnesota Department of Commerce.

3) Attach a list of owners, partners, and officers, providing the names and addresses of all officers, directors, shareholders, or employees who exercise management or policy control in the agency.

4) Attach a completed BCA form (included with the application) for each individual listed as an owner, partner, or officer.

5) If the agency name differs from the legal name of the partnership, corporation, or other business entity, attach a copy of the Certificate of Assumed Name that was filed and stamped by the Minnesota Secretary of State. For example, this requirement applies to a partnership that intends to do business using an agency name that does not include the first and last name of each individual partner, or a corporation or business entity that intends to do business under an agency name that is not the legal corporate name. Information about filing a Certificate of Assumed Name may be obtained from the Secretary of State (www.sos.state.mn.us , Minnesota State Retirement Building, 60 Empire Dr., St. Paul, MN 55103, telephone (651) 296-2803).

6) If the agency is a corporation, attach a copy of the Articles of Incorporation that were filed and stamped by the Minnesota Secretary of State.

7) If the agency is a partnership, attach a copy of the partnership agreement signed by all partners.

8) If the agency is a Limited Liability Company or other business entity, attach a copy of the business organization documents.

9) If the agency is incorporated in another jurisdiction and has Minnesota resident producers, attach a copy of the Certificate of Foreign Corporation issued by the Minnesota Secretary of State.

10) Attach a list of all Minnesota-licensed insurance producers affiliated with the agency, including each producer's full name and license number. At least one Minnesota-licensed insurance producer (resident or non-resident) must be working for the agency.

11) Agencies are not licensed for specific lines of authority. An agency's lines of authority correspond to the lines of authority of the individual producers affiliated with the agency.

12) Agencies are not required to be appointed by insurance companies.

13) A managing general agent is required to have in effect a written contract with the insurer for which it acts as a managing general agent. A copy of the contract must be attached and submitted with the managing general agent application. Requirements for minimum contractual terms are set forth in Minn. Stat. § 60H.

Fee:

No fee for Individual Proprietorship.

Corporate or Partnership Agency - $200

Renewal - $200


Licensing surcharge to be assessed

The Minnesota Legislature passed legislation requiring a 10% surcharge of no less than $5 and no more than $150 on each business, commercial, professional or occupational license. The funding from this surcharge will go to MN.IT Services (formerly Office of Enterprise Technology (OET)), which is establishing an electronic licensing system for the state. The surcharge will be in place through June 30, 2015. See Minn. Stat. § 16E.22.

Period of Issuance:

Two years, expires October 31st.

Length of Determination Process:

30 days.