34-9-155. License required for solicitation of membership or participation in fund; procedure for admission of new members; underwriting criteria.

Any other provision of law to the contrary notwithstanding, no person other than a trustee, officer, or administrator of the fund shall solicit membership or participation in any fund unless such person:#

1. (1)

   Has a valid agent’s license for property and casualty insurance or a counselor’s license issued pursuant to Article 1 of Chapter 23 of Title 33; or#

2. (2)

   Is an officer, director, or employee of:#

   1. (A)

      A professional association or trade association; or#

   2. (B)

      A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.#

After the inception date of a fund, prospective new members of the fund shall submit an application for membership to the board of the fund and, unless the fund elects to meet the requirements of subsection (c) of this Code section, to the Commissioner on a form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the amount to be paid or contributed by each applicant to become a member of the fund. If the Commissioner does not disapprove the application of a prospective new member within 45 days, the applicant, upon payment or contribution to the fund as determined in accordance with this article, shall be authorized to become a member of the fund, to subscribe to and abide by the intrastate agreement, bylaws, rules, and regulations of the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member’s initial payment or contribution, provided that, notwithstanding the provisions of this Code section, such prospective member’s initial payment or contribution shall be reasonable in relationship to the initial payment or contribution paid by the other members of the fund. Any person or group aggrieved by a determination of the board of the fund regarding the establishment of a member’s initial payment or contribution shall have the right to appeal such determination to the Commissioner.#

The trustees of a fund may submit underwriting criteria to the Commissioner for approval and unless the Commissioner disapproves the underwriting criteria within 90 days, the fund shall be authorized to approve or deny application for membership in the fund according to such underwriting criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the underwriting criteria submitted and approved by the Commissioner.#