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054.00.12-16. COMPENSATING BALANCES OR SPECIAL DEPOSITS.

AR ADC 054.00.12-16Arkansas Administrative Code

West's Arkansas Administrative Code
Title 054. Insurance Department
Division 00.
Rule 12. Credit Life and Credit Disability Insurance
Ark. Admin. Code 054.00.12-16
054.00.12-16. COMPENSATING BALANCES OR SPECIAL DEPOSITS.
Currentness
16.1 On or after adoption of this regulation the use of compensating balances or special deposit accounts in connection either directly or indirectly with a credit life insurance program and/or a credit disability insurance program is prohibited as being an illegal inducement in violation of Ark. Stat. Ann. ยง 66-3001 et. seq.
16.2 This prohibition applies regardless of whether premiums are due the insurer on the single premium basis or on the monthly premium outstanding balance basis. Nothing herein shall prevent the insurer from making deposits in a financial institution which are not related to a credit insurance program.
16.3. Compensating balances and/or special deposit accounts include the following, but are not limited to the exclusion of other types of balances and accounts.
(1) The deposit of premiums or money to the account of the insurer with a creditor for which the insurer provides the credit insurance program, when such account is either non interest bearing or at a rate of interest less than usual or is controlled by the creditor.
(2) Remitting premiums to the insurer after the expiration of the grace period on a regular basis so that the arrearage period is constant.
(3) The retention of premiums by an agent to whom the creditor remits premiums for a period of time normally expected to be needed for the agent or broker to remit the premium to the insurer, if such delay is a continuing feature of the premium paying process.
(4) Any other practice which unduly delays receipt of premiums by the insurer on a regular basis, or which is followed by an insurer when such practice involves use of the financial resources of the insurer for the benefit of the creditor.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.12-16, AR ADC 054.00.12-16
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