(b) No such licensee or sublicensee shall divide any fee or give any fee, commission, or other compensation to any individual or entity for procuring, or assisting in procuring, the adjustment of any such loss for any such licensee or sublicensee, unless the individual or entity to whom such fee, commission, or other compensation is given or paid had at the time when the loss occurred:

1. (1) a public adjuster’s license issued and in force pursuant to Insurance Law section 2101(g)(2); or
2. (2) an insurance broker’s license issued and in force and such licensee either was the broker of record in placing the insurance that was involved in the adjustment of the loss, whether or not designated in writing to act for the insured, or was designated to act for the insured in writing before a loss occurred.