Last year, the DFS indicated that they considered it a violation of the premium splitting statute to compensate an unlicensed marketing rep based on the premium or closings brought in.    More about that issue can be seen in this bulletin.

Several agents have reported on their difficulty in getting all of their marketing reps licensed.   They found that the skill sets required of an agent are very different than those required of a marketing rep.   Under current law, DFS only has the ability to sanction the licensed agent for violations by their employees -- so an illegal payment made by a marketing rep is usually imputed to the licensed agent in charge for enforcement actions.