385.409. Registration required--records, content--fee--notice for failure to register.
Registration required--records, content--fee--notice for failure toregister.
385.409. 1. A person may not operate as a warrantor or represent tothe public that the person is a warrantor unless the person is registeredwith the department on a form prescribed by the director.
2. Warrantor registration records shall be filed annually and shallbe updated within thirty days of any change. The registration recordsshall contain the following information:
(1) The warrantor's name, any fictitious names under which thewarrantor does business in the state, principal office address, andtelephone number;
(2) The name and address of the warrantor's agent for service ofprocess in the state if other than the warrantor;
(3) The names of the warrantor's executive officer or officersdirectly responsible for the warrantor's vehicle protection productbusiness;
(4) The name, address, and telephone number of any administratorsdesignated by the warrantor to be responsible for the administration ofvehicle protection product warranties in this state;
(5) A copy of the warranty reimbursement insurance policy or policiesor other financial information required by section 385.412;
(6) A copy of each warranty the warrantor proposes to use in thisstate; and
(7) A statement indicating under which provision of section 385.412the warrantor qualifies to do business in this state as a warrantor.
3. The director may charge each registrant a reasonable fee to offsetthe cost of processing the registration and maintaining the records in anamount not to exceed five hundred dollars annually or as set by regulation.The information in subdivisions (1) and (2) of subsection 2 of this sectionshall be made available to the public.
4. If a registrant fails to register by the renewal deadline, thedirector shall give him or her written notice of the failure and theregistrant will have thirty days to complete the renewal of his or herregistration before he or she is suspended from being registered in thisstate.
5. An administrator or person who sells or solicits a sale of avehicle protection product but who is not a warrantor shall not be requiredto register as a warrantor or be licensed under the insurance laws of thisstate to sell vehicle protection products.
(L. 2008 S.B. 930 & 947)Effective 1-01-09