N.Y. Insurance Law Section 2128
Commission and fee sharing prohibited


(a)

Notwithstanding the provisions of sections two thousand three hundred twenty-four and four thousand two hundred twenty-four of this chapter, no licensee subject to this article shall receive any commissions or fees or shares thereof in connection with insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, unless such licensee actually placed insurance coverages on behalf of or rendered insurance services to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state.

(b)

The superintendent shall, by regulation, require licensees subject to this article to file disclosure statements with the department of financial services and the most senior official of the governmental unit involved, with respect to any insurance coverages placed for or insurance services rendered to the state, its agencies and departments, public benefit corporations, municipalities and other governmental subdivisions in this state, except that neither a title insurance corporation nor a title insurance agent shall be required to file a disclosure statement if an industrial development agency, state of New York mortgage agency or its successor, or any similar type of entity, is the named insured under the policy and is a mortgagee with respect to the property insured.

Source: Section 2128 — Commission and fee sharing prohibited, https://www.­nysenate.­gov/legislation/laws/ISC/2128 (updated Oct. 3, 2014; accessed Jun. 8, 2024).

2101
Definitions
2102
Acting without a license
2103
Insurance agents
2104
Insurance brokers
2105
Excess line brokers
2106
Reinsurance intermediaries
2107
Insurance consultants
2108
Adjusters
2109
Agents and brokers
2110
Revocation or suspension of license of insurance producer, insurance consultant, adjuster or life settlement broker
2111
Revoked licensees
2112
Certificate of appointment of an insurance producer to act as an agent and notice of termination of an insurance producer
2113
Title insurance agent commissions
2114
Life, accident and health insurance agents
2115
Property/casualty insurance agents
2116
Insurance brokers
2117
Acting for or aiding unlicensed or unauthorized insurers or health maintenance organizations
2118
Excess line brokers
2119
Insurance agents, brokers, consultants, life settlement brokers, and title insurance agents
2120
Fiduciary capacity of insurance agents, title insurance agents, insurance brokers and reinsurance intermediaries
2121
Broker authorized to receive premium, when
2122
Advertising by insurance producers
2123
Misrepresentations, misleading statements and incomplete comparisons
2124
Stay or suspension of superintendent’s determination
2125
Marine insurance
2126
Impersonation at examinations prohibited
2127
Penalties for violations
2128
Commission and fee sharing prohibited
2129
Duty to have an agent or broker at each place of business
2130
Excess line association
2131
Limited license for rental vehicle companies, wireless communications equipment vendors and self-service storage companies
2132
Continuing education
2133
Forged insurance identification cards
2134
Change of address
2135
Administration of certain functions
2136
Reciprocity
2137
Life settlement brokers
2138
Health benefit exchange navigators
2139
Title insurance agents
2140
Restrictions on insurance producers procuring immigration bonds

Accessed:
Jun. 8, 2024

Last modified:
Oct. 3, 2014

§ 2128’s source at nysenate​.gov

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