(a)

1. (1) Arkansas Code § 23-67-203 prohibits the Insurance Commissioner from requiring that rates or premiums related to the sale of title insurance be filed by either a title insurer or title insurance agent or otherwise being subject to review, except for the requirement under Arkansas Code § 23-103-405(c), regarding informational filings respecting the fees charged for closing protection letters.
2. (2) Title insurance premium, as defined by Arkansas Code § 23-103-402(14), only applies when determining the appropriate amount of premium tax due and not to the premiums, charges, or fees charged by title insurance agents to the consumer.

(c)

1. (1) “Title insurance premium” does not include the underwriting and operating expenses of the title insurance agent that may be charged to the consumer in excess of this risk retained by the insurer regardless of how denominated by the title insurance agent.

2. (2) Examples of charges that are not title insurance premiums are:

   1. (A) Title search, abstracting, or examination of title;
   2. (B) Obtaining a title opinion;
   3. (C) Document preparation fees;
   4. (D) Escrow or closing fees;
   5. (E) Notary fees;
   6. (F) Fees incurred to cure defects in title;
   7. (G) Tax report or tax certification fees;
   8. (H) Title report fees;
   9. (I) Processing fees;
   10. (J) Courier fees; and
   11. (K) Fees incident to the issuance of a title insurance report or policy.