While potential commission structures are not necessarily a concern, they do need to be carefully analyzed before a final settlement agreement is concluded. Provisions for recovery and deferral of losses are of interest for the possible liability of a buyer. Simply put, many insurance organizations don`t want agencies to take advantage of the benefit without having to participate in the disadvantages, so they sometimes require agencies to return commissions when accounts don`t work properly. What this can mean for a buyer at first glance are endless possibilities for growth and expansion, if, in reality, poor performance might require the buyer to dive into their own pockets to return commissions already paid to the seller. Finally, and if the Agency has partners who are also purchased, such as.B. Damages regulators and third-party administrators? Depending on the jurisdiction, these companies may be subject to their own licensing requirements and must be independently monitored to verify compliance with the laws of the states in which they operate. In addition to confirming compliance with the Agency`s licensing requirements, most states require that an insurance agency (and any person producing on behalf of the Agency) be designated by each insurance body with which the Agency places insurance products. What about individual staff or independent agency contractors? Such persons must also have individual licences from insurers; they cannot simply « borrow » the licences of their employees or officers or directors of the Agency. In addition, each agency must have an individual « designated responsible producer » who is personally responsible for the Agency`s actions and who has the same licences and lines of assurance as those held by the Agency. In addition to commissions, agencies continue to look for other ways to collect income and/or transactions and often turn to the collection of insurance fees or other fees related to insurance placement. In some cases, many states regulate and prohibit such practices, often depending on whether the fee is levied for excess line product. The payment of commissions and the payment of the return commission take place continuously.
The agreement should include clear conditions for the allocation of commissions due or payable, responsibility for return fees, expenses, costs and liabilities, as well as absolute data for those accounts and how those accounts are settled. Respecting these details in the agreement will help to avoid discrepancies and misunderstandings after the conclusion. Buying and selling stocks or assets? As regards assets, the agreement should list all assets included and those that are expressly excluded. Expiration times are probably the biggest good, but don`t forget about physical properties such as computer software you might need to access expiration records. These include intangible assets such as the right to use telephone numbers, fax numbers, web addresses and the name of the sales agency. While most countries provide for exemptions from the licensing requirements for insurance manufacturers for persons who perform only administrative tasks and are not compensated on the basis of insurance sales, many agencies employ or tolerate « customer representatives ». It is important that a potential buyer performs due diligence to determine whether these individuals should and should have an appropriate license based on the scale of their business. When reviewing these activities, it is essential to take into account existing telemarketing legislation, in particular with regard to call centres that operate outbound telemarketing. .