South Carolina § 38-43-200 - Prohibition or payment of certain commissions and fees.

§ 38-43-200. Prohibition or payment of certain commissions and fees.

(A) An insurance company or insurance producer may 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 pursuant to the provisions of this chapter and is not licensed.

(B) A person may 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 pursuant to the provisions of this chapter and is not licensed.

(C) A renewal or other deferred commission may be paid to a person for selling, soliciting, or negotiating insurance in this State if the person was required to be licensed pursuant to the provisions of this chapter at the time of the sale, solicitation, or negotiation and was licensed at that time.

(D) An insurer or insurance producer may pay or assign service fees or other valuable consideration to an insurance agency or to a person who does not sell, solicit, or negotiate insurance in this State, unless the payment violates another provision of Title 38. A payment made pursuant to the provisions of this subsection must not be based on completion of the sale of the insurance policy.

(E) Nothing in this section may be construed to prohibit a licensed insurance producer from rebating a portion of his commission collected on automobile insurance premiums to the insured upon that automobile insurance policy.

(F) This section does not prohibit the payment of a fee to a trade or professional association exempt from income tax under Section 501(c) of the Internal Revenue Code.

HISTORY: Former 1976 Code SECTION 38-51-200 [1960 (51) 1630; 1962 Code SECTION 37-250.1] recodified as SECTION 38-43-200 by 1987 Act No. 155, SECTION 1; 1990 Act No. 465, SECTION 1; 1997 Act No. 154, SECTION 25; 2002 Act No. 323, SECTION 2, eff January 31, 2003; 2004 Act No. 291, SECTION 9.A, eff January 1, 2005; 2009 Act No. 69, SECTION 6, eff June 2, 2009.