Table of Contents Sec. 38a-731. (Formerly Sec. 38-92c). Certified insurance consultants, license
required. No person shall, for a fee received or to be received, offer to examine, or
examine or aid in examining, any policy of insurance or any annuity or pure endowment
contract for the purpose of giving, or give or offer to give, any advice, counsel, recommendation or information in respect to the terms, conditions, benefits, coverage or premium of any such policy or contract, or in respect to the expediency or advisability of
altering, changing, exchanging, converting, replacing, surrendering, continuing, renewing or rejecting any such policy or contract, or of accepting or procuring any such
policy or contract from any company, or, in or on advertisements, cards, signs, circulars
or letterheads, or elsewhere, or in any other way or manner by which public announcements are made, use the title "certified insurance consultant", "certified insurance advisor", "certified insurance specialist", "certified insurance counselor", "certified insurance analyst", "certified policyholders' advisor", "certified policyholders' counselor",
or any other similar title, or any title, word or combination of words indicating that he
gives, or is engaged in the business of giving, advice, counsel, recommendation or
information to holders of policies of insurance or annuity or pure endowment contracts,
unless he holds a license as a certified insurance consultant under the provisions of
sections 38a-731 to 38a-735, inclusive, and 38a-786. Sec. 38a-732. (Formerly Sec. 38-92f). Contracts or agreements by certified insurance consultants unenforceable, when. No contract or agreement with a certified
insurance consultant of the type referred to in section 38a-731 shall be enforceable by
him unless it is in writing and executed, in duplicate, by the person to be charged or by
his legal representative, nor unless one of such duplicates is delivered to, or retained
by, such person when it is signed by him, nor unless it plainly specifies the amount of
the fee paid or payable by such person and the services to be rendered by such certified
insurance consultant, nor unless it is in a form currently approved by the commissioner. Sec. 38a-733. (Formerly Sec. 38-92g). Required acknowledgments by certified
consultant. A certified insurance consultant who furnishes any advice or counsel as
such consultant, makes any recommendation or gives any information except under the
terms of a previously executed written contract conforming to section 38a-732 and in full
force and effect shall thereupon, in every case, give to the recipient thereof a statement in
writing, signed by him, in a form currently approved by the commissioner, specifying
the advice, counsel, recommendation or information given, and a receipt, in a form
currently approved by the commissioner, for the fee paid to him or a statement, in a
form currently approved by the commissioner, of the fee to be received by him therefor.
Any person who violates any provision of this section shall be fined not less than fifty
nor more than five hundred dollars. Sec. 38a-734. (Formerly Sec. 38-92h). Certified consultants not to receive payments from insurers or producers for sale of insurance. Exemption for registration
under the federal Investment Advisers Act. Disclosures. No person, acting in the
capacity of a certified insurance consultant and as such serving any person, firm, association, organization or corporation, not engaged in the insurance business, for compensation paid or to be paid by the person served, shall directly or indirectly receive any part
of any commission or compensation paid by any insurer or producer in connection with
the sale or writing of any insurance which is within the subject matter of any such service.
The provisions of this section shall not apply to an insurance producer who is an advisory
representative of a registered investment adviser registered pursuant to the Investment
Advisers Act of 1940, 15 USC 80b-1, et seq., provided the insurance producer makes
full disclosure in a written memorandum, signed by the party to be charged, which
specifies the amount of such fee or compensation for services performed pursuant to
the Investment Advisers Act of 1940 and which also discloses that a commission may
be paid to the insurance producer from the sale of any insurance. Any person violating
the provisions of this section shall be fined not less than fifty nor more than five hundred
dollars or be imprisoned not less than thirty nor more than ninety days or both. Sec. 38a-735. (Formerly Sec. 38-92i). Penalty for acting as certified consultant
without license. Any person who acts as a certified insurance consultant without such
license or during a suspension of his license shall be fined not less than fifty nor more
than five hundred dollars or be imprisoned not more than six months or both.
Sec. 38a-731. (Formerly Sec. 38-92c). Certified insurance consultants, license required.
Sec. 38a-732. (Formerly Sec. 38-92f). Contracts or agreements by certified insurance consultants unenforceable, when.
Sec. 38a-733. (Formerly Sec. 38-92g). Required acknowledgments by certified consultant.
Sec. 38a-734. (Formerly Sec. 38-92h). Certified consultants not to receive payments from
insurers or producers for sale of insurance. Exemption for registration under the federal
Investment Advisers Act. Disclosures.
Sec. 38a-735. (Formerly Sec. 38-92i). Penalty for acting as certified consultant without
license.
Secs. 38a-736 to 38a-739.
(1969, P.A. 817, S. 1; 1971, P.A. 292, S. 1.)
History: 1971 act added "certified" in titles the use of which is prohibited by unlicensed persons and substituted Secs.
"38-92c, 38-92d and 38-92f to 38-92i" for Secs. "38-92c to 38-92j"; Sec. 38-92c transferred to Sec. 38a-731 in 1991.
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(1969, P.A. 817, S. 4; 1971, P.A. 292, S. 3.)
History: 1971 act specified applicability to "certified" consultants; Sec. 38-92f transferred to Sec. 38a-732 in 1991.
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(1969, P.A. 817, S. 5; 1971, P.A. 292, S. 4.)
History: 1971 act specified applicability to "certified" consultants; Sec. 38-92g transferred to Sec. 38a-733 in 1991.
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(1969, P.A. 817, S. 6; 1971, P.A. 292, S. 5; P.A. 94-160, S. 12, 24; P.A. 96-48, S. 2.)
History: 1971 act specified applicability to "certified" consultants; Sec. 38-92h transferred to Sec. 38a-734 in 1991;
P.A. 94-160 substituted "producer" for "agent of any insurer" to accurately reflect the modernization and nomenclature
of the industry, effective January 1, 1996; P.A. 96-48 exempted producers who provide the prescribed disclosures and are
advisory representatives of an investment advisor registered under the federal Investment Advisers Act.
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(1969, P.A. 817, S. 7; 1971, P.A. 292, S. 6.)
History: 1971 act specified applicability to "certified" consultants; Sec. 38-92i transferred to Sec. 38a-735 in 1991.
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