(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, § 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.Acts 2001, No. 580, § 1; 2003, No. 1203, § 12.
Arkansas Legal Code