The South Dakota Division of Insurance has provided guidelines on rebating, fees and commissions for licensed producers acting as consultants in the state.
Prohibited for Producers
- Rebating.
- Negotiating commissions with consumers under any circumstances. This includes writing policies “net of commission.”
- Charging any fee not specified in the insurance product. The exception is a consulting fee.
- Collecting a consulting fee and commission on the same product with the sameconsumer. This also applies to surplus lines brokers.
Permitted for Producers
- For large group health and exempt commercial products, producers may negotiate commissions and premiums with the insurance company.
- For large group health and exempt commercial products, producers may negotiate premiums with consumers.
- Collecting only a commission on a product.
- Collecting only a consultant fee on a product.
- Collecting a consulting fee on one distinct product, and then collecting a commission on a dissimilar product with the same consumer.
Required of Producers
- When an insurance product is sold, the producer must charge the full amount of the premium, which includes any commissions or fees specified in the policy.
- Consultant fees are not subject to premium tax.
- Any other fees are subject to premium tax.
- Sales tax may apply to consultant services.
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