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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I'm a recent insurance producer in NJ, and closed an account,

Customer Question

Hi, I'm a recent insurance producer in NJ, and closed an account, with enrollment around the corner. However, my temporary license expired this week, and I was denied a full license due to legal issues. My question is: assuming I hand over this account to a former coworker to receive commission, is there a legal way to get some compensation? Ex: after she gets paid, she writes me a check from a personal account, so transaction is entirely off the books and personal. Thanks!
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed New Jersey professional and will be happy to assist you with your concerns.
To answer directly, if you are not licensed, you cannot receive a commission. Obtaining a 'personal' transaction would be seen as a kickback and would violate state law. By definition if a transaction is 'off the books', it is generally not legal, so while she can choose to pay you, it will create a risk for her to lose her license if she does, and the actual transaction would not be legal under NJ rules. Only under a license can you receive the protection and the right to accept commissions, I am sorry! Perhaps she can hire you, but in a non-commission based position, and pay compensation, but it won't be based on the work you have done.
Dimitry, Esq.

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