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Commissions and monetary limits

Can I share commissions?

Commissions may be shared, but only when the activity of sharing commission is in compliance with all other licensing laws, including ORS 744.053 and ORS 744.056.

Can commissions be paid to an unlicensed person?

Yes, however an insurer or insurance producer may not pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance, either for new business or a renewal, if that person is required to be licensed as an insurance producer and is not so licensed.

An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to people who do not sell, solicit, or negotiate insurance in this state, except when the payment or assignment would violate ORS 746.045 or 746.055.

Can I offer a gift to potential clients?

Yes, as long as the gift is not conditional upon the recipient applying for, purchasing, renewing, or increasing the insurance. There is no limit on the value or type of gift. ORS 746.045 prohibits a producer or insurer from offering a gift only to those that purchase a policy.

2018 Adjusted Monetary Limits (Title companies)

Under OAR 836-080-0345, the monetary limits for business development activities, gifts, real property information, and miscellaneous things of value set in OAR 836-080-0305 to 836-080-0337 are automatically adjusted by the percentage change from year to year in the Portland Standard Statistical Metropolitan Area Consumer Price Index for all urban consumers. The following table shows the adjusted limits for calendar year 2018.

Rule Specified Amount Adjusted Amount For 2018
OAR 836-080-0320 $2 $3.22
OAR 836-080-0325(1) $75 $121.25
OAR 836-080-0325(2) $10 $16.16
OAR 836-080-0325(3) $25 $40.41
OAR 836-080-0325(4) $25 $40.41
OAR 836-080-0325(5) $50 $80.80
OAR 836-080-0335 $50 $80.80
OAR 836-080-0337(1)(a) $15 $16.94

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