1033 General Information

1033 Information

The federal "Violent Crime Control and Law Enforcement Act of 1994," Title 18 U.S.C. §§1033 and 1034, took effect on September 13, 1994. Under the provisions of the Act, it is a federal crime for a person to engage or participate in the business of insurance, if that person has ever been convicted of a state or federal felony involving dishonesty or breach of trust. However, such a prohibited person may apply to the Commissioner of Insurance for written consent to engage or participate in the business of insurance.

The Divison of Insurance has appointed an Advisory Committee to review all applications for written consent. The process of obtaining consent begins with the filing of an application form, in accordance with written procedures promulgated by the Advisory Committee. Applicants are notified in writing when their application is complete, and are given the option to attend an Advisory Committee meeting to further state why they believe that the Commissioner should grant them written consent. Applicants may otherwise notify the Committee in writing that the decision on whether to grant them written consent may be made solely on the basis of the application submitted.

The Division's §1033 consent application process applies only to Massachusetts residents with applicable felony convictions who are seeking or renewing a Massachusetts insurance license, or who wish to be employed in the business of insurance in Massachusetts in a non-licensed capacity.  Non-residents with applicable felony convictions should consult their home state Insurance Department to determine their §1033 consent status, and must provide the Division with a copy of their home state's written decision to grant or deny consent.

No persons prohibited under 18 U.S.C. §1033 may engage in the business of insurance, unless and until they are given the Commissioner's consent to do so. Please view the "Massachusetts Division of Insurance Procedures Governing Persons Subject to 18 U.S.C. §1033," and the "Application for Written Consent to Engage in the Business of Insurance Pursuant to 18 U.S.C. §1033," for more specific information about the law and how to apply for consent.

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