{"data":{"id":"us-ut/utah-code-31a-23a-201","jurisdiction":"us-ut","citation":"Utah Code § 31A-23a-201","heading":"Exceptions to producer licensing.","body":"(1) The commissioner may not require a license as an insurance producer of:\n(a) an officer, director, or employee of an insurer or of an insurance producer if:\n(i) the officer, director, or employee does not receive any commission on a policy written or sold to insure risks residing, located, or to be performed in this state; and\n(ii)\n(A) the officer's, director's, or employee's activities are:\n(I) executive, administrative, managerial, clerical, or a combination of these activities; and\n(II) only indirectly related to the sale, solicitation, or negotiation of insurance;\n(B) the officer's, director's, or employee's function relates to:\n(I) underwriting;\n(II) loss control;\n(III) inspection; or\n(IV) the processing, adjusting, investigating or settling of a claim on a contract of insurance; or\n(C)\n(I) the officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting an insurance producer;\n(II) the officer's, director's, or employee's activities are limited to providing technical advice and assistance to a licensed insurance producer; and\n(III) the officer's, director's, or employee's activities do not include the sale, solicitation, or negotiation of insurance;\n(b) a person who:\n(i) is paid no commission for the services described in Subsection (1)(b)(ii); and\n(ii) secures and furnishes information for the purpose of:\n(A) group life insurance;\n(B) group property and casualty insurance;\n(C) group annuities;\n(D) a group insurance policy offering accident and health insurance or a blanket insurance policy offering accident and health insurance;\n(E) enrolling individuals under plans;\n(F) issuing certificates under plans; or\n(G) otherwise assisting in administering plans;\n(c) a person who:\n(i) is paid no commission for the services described in Subsection (1)(c)(ii); and\n(ii) performs administrative services related to mass marketed property and casualty insurance;\n(d)\n(i) any of the following if the conditions of Subsection (1)(d)(ii) are met:\n(A) an employer or association; or\n(B) an officer, director, employee, or trustee of an employee trust plan;\n(ii) a person listed in Subsection (1)(d)(i):\n(A) to the extent that the employer, officer, employee, director, or trustee is engaged in the administration or operation of a program of employee benefits for:\n(I) the employer's or association's own employees; or\n(II) the employees of a subsidiary or affiliate of an employer or association;\n(B) the program involves the use of insurance issued by an insurer; and\n(C) the employer, association, officer, director, employee, or trustee is not in any manner compensated, directly or indirectly, by the company issuing the contract;\n(e) an employee of an insurer or organization employed by an insurer who:\n(i) is engaging in:\n(A) the inspection, rating, or classification of risks; or\n(B) the supervision of the training of insurance producers; and\n(ii) is not individually engaged in the sale, solicitation, or negotiation of insurance;\n(f) a person whose activities in this state are limited to advertising:\n(i) without the intent to solicit insurance in this state;\n(ii) through communications in mass media including:\n(A) a printed publication; or\n(B) a form of electronic mass media;\n(iii) that is distributed to residents outside of the state; and\n(iv) if the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state;\n(g) a person who:\n(i) is not a resident of this state;\n(ii) sells, solicits, or negotiates a contract of insurance:\n(A) for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract; and\n(B) insures risks located in a state in which the person is licensed as provided in Subsection (1)(g)(iii); and\n(iii) is licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business; or\n(h) if the employee does not sell, solicit, or receive a commission for a contract of insurance, a salaried full-time employee who counsels or advises the employee's employer relating to the insurance interests of:\n(i) the employer; or\n(ii) a subsidiary or business affiliate of the employer.\n(2) The commissioner may by rule exempt a class of persons from the license requirement of Subsection 31A-23a-103(1) if:\n(a) the functions performed by the class of persons does not require:\n(i) special competence;\n(ii) special trustworthiness; or\n(iii) regulatory surveillance made possible by licensing; or\n(b) other existing safeguards make regulation unnecessary.","path":["Title 31A Insurance Code","Chapter 31A-23a Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries","Part 31A-23a-2 Producers and Consultants"],"source_url":"https://le.utah.gov/xcode/Title31A/Chapter23a/31A-23a-S201.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"82ee4d152f14211d8b933ff73b67238bc4f2e7121a6126a51ad1e5587d3addfd","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-31a-23a-119","next":"us-ut/utah-code-31a-23a-202"},"notice":"GroundRules: Original legal text. Not legal advice."}