Title and Escrow
GUIDELINES FOR LICENSING UNDERWRITTEN TITLE AGENCIES OR ESCROW OFFICER
All Business Entities:
“Business entity” refers to a corporation, limited liability company, limited liability partnership and associations or other legal forms of organization. A business entity that is required to be licensed in this state, that transacts insurance without a license, is subject to an administrative fine of not more than $1,000 per act or violation.
Applicants must contact the Division of Insurance (Division) for a verbal name approval prior to completing any articles of incorporation, articles of organization or amendments with the Secretary of State’s (SOS) office, or prior to filing any DBA/Fictitious Firm Name filings with the appropriate Nevada County Clerk’s office.
Division Phone: (775) 687-0700
Division General E-mail
Corporations, Limited Liability Companies, Limited Liability Partnerships and Associations, etc.:
Contact the Nevada Secretary of State (SOS) to obtain forms, instructions and applicable fees.
SOS Phone: (775) 684-5708
SOS Web site
Articles of Incorporation (Articles) Purpose Clause: Business entities whose purpose is to engage in the business of insurance are required to file with the SOS and must include the following statement within the purpose clause of the entity’s Articles of Incorporation: “To engage in the business of insurance in all lines of authority permitted under the license issued in compliance with Nevada Revised Statutes (NRS) and Nevada Administrative Codes (NAC).” The articles or amendment must be forwarded to the Division prior to being filed with the SOS by either of the following methods:
- Mail the Articles or amendment to the Division’s address with the fee for the SOS in a separate sealed envelope labeled “Secretary of State” or “SOS.”
- Fax the Articles or amendment to the Division’s office. Upon approval of the Articles or amendment, the Division will fax the information to the fax number provided by the applicant for filing with the SOS. The Division’s fax number is (775) 687-0787.
Upon the Division’s approval of the Articles or amendment, the Division will forward its approval to the SOS for its consideration. When the SOS completes its review and approval process, the business entity will be required to furnish a filed copy of the approved Articles or amendment.
Sole proprietors must file a DBA/Fictitious Firm Name with each county clerk’s office where they intend to conduct business. A copy of the filing must be provided to the Division along with the licensing application. Contact the appropriate County Clerk’s office for filing instructions. Refer to Chapter 602 of NRS for information on doing business under an assumed or fictitious name.
APPLICABLE FORMS FOR AN UNDERWRITTEN TITLE AGENCY
All applications for a title agency license must be received by the Division in a classification folder, legal size, two dividers with plain (self) tabs. Smead no.: C502-5A-2D or something similar provided it has six brads for attaching the items required in each section. If you do not bind and tab your application as indicated, the application will be returned to you without being reviewed.
Uniform Application for Business Entity
Download the National Association of Insurance Commissioner’s (NAIC) Uniform Business Entity Application, from the Producer Licensing Section Forms Directory on the Division’s Web site.
- If the applicant is a corporation, LLC, LLP or association: A copy of the Articles of Incorporation, Articles of Organization or Agreement of Association and/or Foreign Qualifications as filed with the Nevada Secretary of State. Resident firms must include “to engage as a title agent and/or escrow officer now or hereafter permitted by statute” in their purpose.
- If the applicant is a partnership: A copy of the Partnership Agreement.
Fees effective July 1, 2009:
- The licensing fee is $195. Fees are payable by check or money order to the Nevada Division of Insurance, and are nonrefundable
- The agency must maintain its principal place of business in this state: A $10.00 filing fee is required for the filing of each additional location.
- A completed Appointment form and $15 filing fee. The appointment may be obtained from the insurer.
- A copy of the Executed Underwriting or Agency Agreement between the agency and each title insurer that appoints it. In this agreement, it must show the limit of liability with the underwriting title insurer and agency deductible. (Tabbed)
- A copy of the Agency Financial Statement for the most recently completed fiscal year or pro forma statement for the first year if a new business.
- A letter from the title insurer authorizing the use of those fees charged by the title insurer and a copy of the Title Fee Schedules that will be used by the title agency. Escrow rates must be filed with the Property and Casualty Section with a $25 filing fee. You may download the filing form on our website at Uniform Transaction Form Document on the Division’s Web site.
- A description of the source of records to be used by the title agency when conducting a title search. The description must show that the agency has the ability to conduct a reasonable title search as required by statute. List the Nevada counties in which the agency will do business.
- Title Agent/Title Insurer surety bond with power of attorney attached in accordance with NRS 692A.1041. Form.
- Uniform Application for Individual Insurance Producer License. Resident individuals who are not currently licensed in Nevada must submit the Uniform Application for Individual Insurance Producer License application. The licensing fee is $255 ($195 plus $60 for the agency affiliation). Resident individual licensing requirements.
- Individuals must be bona fide residents of Nevada or reside within 50 miles of this state. Each partner of a partnership must submit an application to be licensed under the partnership. A corporation or association must have at least one individual licensed as an individual title agent.
- Escrow Officer/Title Agent Addendum
- An applicant for a title agent license must provide proof that they have at least one year of recent experience relating to title insurance of a nature sufficient to allow the applicant to fulfill the responsibilities of a title agent.
- Resident’s Requirements for Criminal History Search
- Questions: Contact the Division’s Producer Licensing Section in Carson City at (775) 687-0700, option 1, in Las Vegas at (702) 486-4595 or anywhere in Nevada toll free at (800) 992-0900.
Title 57 of the Nevada Revised Statutes (NRS) governs the business of insurance. Nevada’s laws and regulations are available online at www.leg.state.nv.us