§ 23-66-609 - Prohibited activities.
23-66-609. Prohibited activities.
No person, depository institution, or affiliate of a depository institution who lends money or extends credit may:
(1) Use an advertisement or other insurance promotional material that would cause a reasonable person to mistakenly believe that the federal government or the state is responsible for the insurance sales activity of or stands behind the credit of the person, depository institution, or its affiliate;
(2) Use an advertisement or other insurance promotional material that would cause a reasonable person to mistakenly believe that the federal government or the state guarantees any return on an insurance product or is a source of payment on any insurance obligation of or sold by the person, depository institution, or its affiliate;
(3) Solicit or sell insurance unless it maintains separate books and records relating to the insurance transactions, including all files relating to and reflecting consumer complaints; or
(4) (A) Pay or receive any commission, brokerage fee, or other compensation as a producer unless the person holds a valid producer's license for the applicable class of insurance.
(B) However, an unlicensed person may make a referral to a licensed producer provided that the person does not:
(i) Sell, solicit, or negotiate insurance;
(ii) Discuss specific insurance policy terms and conditions; or
(iii) Make recommendations or offer advice concerning insurance policies or coverages.
(C) (i) The unlicensed person may be compensated for the referral.
(ii) However, in the case of a referral of a customer, the unlicensed person may be compensated only if the compensation is a fixed dollar amount for each referral that does not depend on whether the customer purchases the insurance product from the licensed producer.
(D) Any person who accepts deposits from the public in an area where such transactions are routinely conducted in the depository institution may receive for each customer referral no more than a one-time, nominal fee of a fixed dollar amount for each referral that does not depend on whether the referral results in a transaction.