HARRY HUGHES, Governor

3657

person in any manner solicit, negotiate, make or procure
insurance covering subjects of insurance resident, located or to
be performed in this State, unless then licensed therefor
pursuant to this subtitle or not subject to the provisions
hereof, except as otherwise provided in this article.] AN
INSURANCE AGENT UNLESS:

(1)  THAT PERSON HAS OBTAINED A CERTIFICATE OF
QUALIFICATION FROM THE STATE IN THE PARTICULAR KIND OR KINDS OF
INSURANCE OR SUBDIVISIONS THEREOF FOR WHICH THAT PERSON INTENDS
TO ACT AS AGENT; AND

(2)  THAT PERSON HAS OBTAINED AN APPOINTMENT OR
APPOINTMENTS FROM AN INSURER OR INSURERS.

(B) A PERSON MAY NOT ACT AS AN INSURANCE BROKER UNLESS THAT
PERSON HAS OBTAINED A CERTIFICATE OF QUALIFICATION FROM THE STATE
IN THE PARTICULAR KIND OR KINDS OF INSURANCE OR SUBDIVISIONS OF
INSURANCE FOR WHICH THAT PERSON INTENDS TO ACT AS BROKER.

[(b)] (C) [No] AN agent [or broker shall] MAY NOT solicit
or take application [for,] OR negotiate, [procure or place for
others] PROCURE OR MAKE any [kind of] insurance for which [he is]
THAT AGENT DOES not then [qualified and licensed] POSSESS A VALID
APPOINTMENT.

[(c)] (D) No commission, fee, reward, rebate or other
consideration for procuring or influencing the procurement of any
insurance shall be paid, directly or indirectly, to any person
who is not then [licensed pursuant to the provisions of]
QUALIFIED UNDER this subtitle, except as to the kinds of
insurance, types of insurers and transactions exempted from the
provisions of this subtitle by §§ 165 and 171; provided, however,
that in the case of life insurance and health insurance the
provisions of this section shall not prevent the payment or
receipt of commissions on renewal premiums on existing policies
or other deferred commissions to or by any person solely because
[such] THAT person has ceased to [hold a license] BE QUALIFIED to
act as agent, or broker except as otherwise provided by this
article.

[(d)] (E) Any person who violates any provision of this
section shall be guilty of misdemeanor, and upon conviction
thereof shall be subject to a fine of not more than $500.00 or to
imprisonment for not more than 6 months, or both, for each such
violation.

[(e)] (F) This subtitle [shall] DOES not apply to any
person employed by an insured to administer or assist in the
administration of the insurance or risk management program of his
employer, or to a licensed insurance adviser while employed under
contract by an insured and acting on behalf of the insured,
provided that such persons are not authorized to accept any
compensation from any agent, broker or [insurer.] INSURER, OR TO
ATTORNEYS AT LAW OF THIS STATE FOR PURPOSES OF ACTING AS A TITLE
INSURANCE AGENT OR BROKER.