2019 South Dakota Codified Laws
Title 58 - Insurance
Chapter 30 - Insurance Producers
§ 58-30-174 Payment, assignment, or sharing of commissions and fees--Limitations.
58-30-174. Payment, assignment, or sharing of commissions and fees--Limitations. No insurer or insurance producer may pay or assign a commission, service fee, brokerage fee, or any other valuable consideration for a referral to any person not appropriately licensed pursuant to this chapter unless the payment or assignment is a fixed dollar amount that is not related to the amount of commission or premium for an insurance transaction and that is not dependent upon whether the referral results in a transaction. Nothing in this chapter prohibits a licensed and appointed producer upon receiving a commission from sharing this compensation with other insurance producers if those insurance producers are licensed in the line of business for which the original commission was received. However, no insurance producer who is not appointed may act as an agent of an insurer. An insurer who pays a commission to an appointed insurance producer is not responsible for any act, statement, or omission made by an insurance producer who is not appointed, but who receives compensation from an appointed insurance producer.
Source: SL 2001, ch 286, § 34; SL 2004, ch 295, § 2; SL 2005, ch 275, § 1; SL 2015, ch 255, § 1.
