Insurance Producers/Exchange of Business.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 272

Short Title: Insurance Producers/Exchange of Business. (Public)
Sponsors: Senators Corbin and Johnson (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 13, 2025
*S272-v-1*
A BILL TO BE ENTITLED 1
AN ACT CLARIFYING TH E LAWS RELATING TO T HE EXCHANGE OF BUSIN ESS 2
BETWEEN INSURANCE PRODUCERS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 58-33-10 reads as rewritten: 5
"§ 58-33-10. Definitions. 6
As used in this Article, the following definitions apply: 7
… 8
(4a) "Exchange business," "exchange of business," or "proper exchange of 9
business" means the forwarding of insurance business from one producer duly 10
licensed for the line of insurance being forwarded to another p roducer duly 11
licensed for that line of insurance where both producers are appointed with an 12
insurer that can accommodate the risk under conditions favorable to the 13
insured. 14
(4a)(4b) "FINRA" means the Financial Industry Regulatory Authority or any 15
successor entity. 16
…." 17
SECTION 2. G.S. 58-33-82 reads as rewritten: 18
"§ 58-33-82. Commissions. 19
… 20
(e) Commissions, fees, or other valuable consideration for the sale, solicitation, or 21
negotiation of insurance may be assigned or directed to be paid in the following circumstances: 22
… 23
(4) To an agency principal who is an owner, shareholder, member, partner, 24
director, employee, or agent of that agency for business placed by a producer 25
on behalf of that agency who is duly licensed and appointed as required by 26
this section. 27
(5) In connection with the exchange of business where both producers are duly 28
licensed with appropriate company appointments and have complied with all 29
of the requirements of G.S. 58-33-82.1. 30
…." 31
SECTION 3. Article 33 of Chapter 58 of the General Statutes is amended by adding 32
a new section to read: 33
"§ 58-33-82.1. Exchange of business. 34
(a) Producers may exchange business , and split the commission involved with that 35
business, if the producer forwarding the business and the producer receiving the business both: 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 272-First Edition
(1) Are licensed in all lines of insurance involved in the exchange. 1
(2) Sign the insurer's insurance application or are otherwise disclosed to the 2
insurer and the consumer. 3
(3) Have a good -faith belief that the exchange of business complies with the 4
requirements of this Article. 5
(b) This section does not limit: 6
(1) The exchange of business among specialty lines, nonstandard and professional 7
liability business placed through a surplus lines producer or written on an 8
excess rate or other individually rated risk basis. 9
(2) The exchange of business in connection with risk sharing plans." 10
SECTION 4. This act is effective when it becomes law and applies to contracts 11
entered into or renewed on or after that date. 12