Section 21.27.370. Sharing compensation.

   (a) Except as provided in (c) and (d) of this section, a licensee may not compensate a person, other than a licensee who is acting within the scope of the person's license, for transacting insurance in this state or relative to a risk resident, located, or to be performed in this state.
   (b) Except as provided in (c) and (d) of this section, a person may not be promised or paid, directly or indirectly, compensation for transacting a kind or class of insurance for which the person is not then licensed to transact or for insurance that the person is prohibited by this title from transacting.
   (c) An unlicensed person who refers a customer or potential customer to a licensee and who does not discuss specific terms and conditions of a policy or give opinions or advice regarding insurance may be compensated for the referral, if the compensation
        (1) for each referral is
             (A) nominal;
             (B) on a one-time basis; and
             (C) fixed in amount by referral;
        (2) does not depend on whether the customer or potential customer purchases the insurance; and
        (3) is not contingent on the volume of insurance transacted.
   (d) An insurer or insurance producer may compensate an insurance agency or another person if that person does not transact the business of insurance in this state and the payment does not violate AS 21.36.100 or 21.36.120.
   (e) A person who is no longer licensed in this state may be paid renewal or other deferred compensation for selling, soliciting, or negotiating insurance in this state if the person
        (1) was required to be licensed under this chapter at the time of the sale, solicitation, or negotiation; and
        (2) held that required license.
   (f) In addition to any other penalty provided by law, the director may suspend or revoke the license of a licensee participating in a violation of this section. The director may order a licensee who violates this section to pay a penalty of not more than three times the compensation promised or paid.

Notes

History

(Sec. 1 ch 120 SLA 1966; am Sec. 84 ch 67 SLA 1992; am Sec. 22 ch 81 SLA 1997; am Sec. 40 ch 81 SLA 2001; am Sec. 24 ch 38 SLA 2002)