Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 2 - Division of Insurance
Chapter 23 - Producers, Managing General Agents, Surplus Lines Brokers, Reinsurance Intermediary Managers, Reinsurance Intermediary Brokers, Third Party Administrators, and Independent Adjusters
Article 4 - Fiduciary Responsibilities of Licensees
3 AAC 23.620 - Earning of commissions

(a) A licensee who receives money in a fiduciary capacity, part of which consists of commissions due the licensee, may remove commission amounts from money held in a fiduciary capacity only after they are earned.

(b) Unless a contract between the licensee and the insurer provides for a commission to be earned at a different time, a commission is earned no earlier than the date on which the licensee receives the money and the insurance coverage is bound. On or after that date, the licensee may remove the commission amounts from fiduciary care.

(c) Commission amounts that are removed from money held in a fiduciary capacity must be documented as to

(d) Premium refunds paid to an insured must include a ratable amount of commission, originally collected by the licensee, and refunded to the insured if a contract of insurance is terminated early.

(e) This section does not establish a generally accepted accounting principal for the purpose of the preparation of a financial statement of a licensee.

(f) Failure to comply with (a), (b), (c), or (d) of this section is a violation of AS 21.27.360.

(g) For purposes of this section, "ratable" means a proportionate part of premium.