Sec. 31.03.03.02. General Requirements

A. Premium Account. An insurance producer that does not make prompt remittance of a carrier or insured’s premium shall maintain such premium in one or more premium accounts, which shall be separate from any operating accounts or personal accounts.

B. Commingling of Premium.

(1) An insurance producer acting as such in this State may not commingle any premium account with any operating account or personal account.

(2) An insurance producer acting as such in this State may:

(a) Make voluntary deposits into the insurance producer’s premium account.

(b) Unless prohibited by the carrier, or by Regulation .04 of this chapter, commingle a single carrier’s premium with the premium of one or more other carriers into one or more premium accounts.

C. Withdrawals.

(1) Withdrawals from a premium account may not be made other than for the following purposes:

(a) Payment of premiums to carriers.

(b) Transfer to an operating account of bank interest, if the carrier has consented to it in writing.

(c) Transfer to an operating account of commissions either actual or average. If average commissions are used, the insurance producer shall maintain on file in the insurance producer's office at all times a letter from each carrier stating the percentage of the average commission.

(d) Withdrawal of voluntary deposits.

(e) Payment of return deposits to insureds.

(f) Payment of return premiums to insureds in the ordinary course of business when a written agreement with the carrier authorizing this practice exists.

(2) A withdrawal may not be made if the balance remaining in the premium account thereafter is less than aggregate net premiums, return premiums, and deposits received but not remitted.

D. Deposit of a premium in a premium account may not be construed as a commingling of the net premium and of the commission portion of the premium.