Insurance Agent Commission Split Agreement for the United States

Insurance Agent Commission Split Agreement Template for United States

A legally binding agreement used in the United States insurance industry that establishes the terms and conditions for sharing commission income between two or more licensed insurance agents or brokers. The agreement details the split percentages, payment terms, obligations of each party, and compliance requirements under applicable state insurance regulations. It provides a framework for commission distribution while ensuring adherence to state-specific insurance laws and licensing requirements.

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What is a Insurance Agent Commission Split Agreement?

The Insurance Agent Commission Split Agreement is essential when multiple insurance agents collaborate on insurance sales or client servicing. This document, governed by U.S. state insurance laws, establishes clear guidelines for commission sharing, preventing disputes and ensuring regulatory compliance. It's particularly important when agents work together on accounts, during agent transitions, or in mentorship arrangements. The agreement typically includes specific commission percentages, payment schedules, and responsibilities of each party while maintaining compliance with state insurance regulations and licensing requirements.

What sections should be included in a Insurance Agent Commission Split Agreement?

1. Parties: Identifies the parties to the agreement, including their legal names, addresses, and licensing information

2. Background: Explains the context of the agreement and the parties' intent to share insurance commissions

3. Definitions: Defines key terms used throughout the agreement including 'Commission', 'Insurance Products', 'Split Percentage'

4. Commission Structure: Details the agreed-upon commission split percentages and calculation methods

5. Payment Terms: Specifies payment frequency, method, and timing of commission distributions

6. Obligations and Responsibilities: Outlines each party's duties and responsibilities in the relationship

7. Term and Termination: Specifies duration of agreement and conditions for termination

8. Governing Law: Identifies the state law governing the agreement

What sections are optional to include in a Insurance Agent Commission Split Agreement?

1. Non-Compete: Restricts parties from competing activities when protecting business interests is crucial

2. Confidentiality: Protects sensitive business information when sharing proprietary information

3. Dispute Resolution: Outlines process for resolving disagreements when parties want to specify arbitration or mediation

4. Insurance Requirements: Specifies required insurance coverage when E&O insurance needs to be maintained

What schedules should be included in a Insurance Agent Commission Split Agreement?

1. Commission Schedule: Detailed breakdown of commission percentages by product type

2. Product List: List of insurance products covered under the agreement

3. License Documentation: Copies of relevant insurance licenses

4. Payment Calculation Examples: Sample calculations showing how commissions will be split

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use
Clauses
Industries

Federal Insurance Sales Practices: Federal regulations governing insurance sales practices and procedures that affect commission splitting arrangements

Fair Labor Standards Act: Federal law governing employment relationships and compensation, relevant when determining agent classification (employee vs. independent contractor)

Internal Revenue Code: Federal tax provisions regarding classification of independent contractors versus employees and related compensation reporting requirements

Anti-Kickback Provisions: Federal regulations prohibiting improper payment arrangements in insurance transactions

State Insurance Commission Regulations: State-specific rules governing insurance operations, including commission structures and sharing arrangements

State Licensing Requirements: State-specific requirements for insurance agent licensing and maintaining active licenses while sharing commissions

State Commission Sharing Rules: Specific state regulations governing how insurance commissions can be split between agents

State Insurance Code: Comprehensive state laws governing insurance operations and agent conduct

State Contract Laws: General contract formation and enforcement laws specific to each state

State Employment Laws: State-specific regulations governing employment relationships and compensation

State Non-Compete Regulations: State laws governing the enforceability and limitations of non-compete agreements in insurance contexts

State Trade Secret Protections: Laws protecting confidential business information and client data in commission splitting arrangements

NAIC Guidelines: National Association of Insurance Commissioners' guidelines affecting commission structures and agent compensation

Producer Compensation Disclosure: State-specific requirements for disclosing commission arrangements to clients and other parties

Carrier-Specific Rules: Individual insurance carrier policies and requirements regarding commission splitting between agents

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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