§431:9-221 Limitations upon nonresident agent or broker. A nonresident agent or broker is authorized to place insurance on a subject of insurance located in this State, only under all of the following conditions:

(1) Applicants for license as nonresident agent or broker shall prior to the issuance of any such license, personally take and pass to the satisfaction of the commissioner an examination given by the commissioner as a test of the applicant's qualifications and competence. The examination shall be the same examination that is mandated of resident agents and brokers;

(2) In addition to other applicable requirements, the application for a license shall be accompanied by a statement in writing of the insurance supervisory public officer of the nonresident's state of residence showing that the applicant is currently licensed therein as an agent or broker, as the case may be, as to substantially the same kind or kinds of insurance as proposed to be transacted under the Hawaii license applied for;

(3) The insurance is placed through a licensed general agent in this State of an authorized insurer; and

(4) The commission paid to the nonresident agent or broker by the licensed general agent in the State does not exceed the usual rate of commission paid to a resident solicitor. [L 1987, c 347, pt of §2; am L 1996, c 247, §1]