(a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this subchapter and is not so licensed.
(b) A person shall not accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this subchapter and is not so licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this state if the person was required to be licensed under this subchapter at the time of the sale, solicitation, or negotiation and was so licensed at that time.
(d) An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this state unless the payment would constitute:
(1) A rebate, in violation of § 23-66-206(10) or § 23-66-308;
(2) A violation of the Trade Practices Act, § 23-66-201 et seq., or a violation of miscellaneous trade practices under §§ 23-66-301 — 23-66-316; or
(3) A violation of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants
Subchapter 5 - Producer Licensing Model Act
§ 23-64-501. Title — Purpose — Scope
§ 23-64-504. Exceptions to licensing
§ 23-64-505. Application for examination
§ 23-64-506. Application for license
§ 23-64-508. Nonresident licensing
§ 23-64-509. Exemption from examination
§ 23-64-511. Temporary licensing
§ 23-64-512. License denial, nonrenewal, or revocation
§ 23-64-515. Notification to Insurance Commissioner of termination
§ 23-64-517. Reporting of actions