3656

LAWS OF MARYLAND

Ch. 778

QUALIFIED agent, provided that such salaried officer or employee
receives no commission or other compensation directly dependent
upon the amount of business obtained;

(3) Any person who secures and forwards information
for the purpose of group insurance coverage or for enrolling
individuals under group insurance coverages or issuing
certificates thereunder where no commission is paid for such
services.

(b)  An "independent agent" means an agent as defined in
subsection (a) of this section and:

(1)  Who is not owned or controlled by any insurer or
group of insurers;

(2)  Whose [agency agreement] APPOINTMENT does not
prohibit the representation of more than one insurer or group of
insurers; and

(3)  Whose [agency agreement] APPOINTMENT provides
that at [the] termination [of the agency] the agent's records
shall remain the property of the agent, and that the agent
retains the use and control of all expirations incurred during
the agency.

A person or corporation other than an independent insurance
agent may not be represented to the public as an independent
agent.

(c)  A "broker" is a person who for compensation in any
manner solicits, procures or negotiates insurance contracts or
the renewal or continuance thereof, on behalf of insureds or
prospective insureds other than himself and not on behalf of an
insurer or agent.

(D)  A "CERTIFICATE OF QUALIFICATION" OR "CERTIFICATE" IS A
DOCUMENT ISSUED BY THE STATE ATTESTING THAT AN AGENT OR BROKER
HAS MET THE STANDARDS SET FORTH UNDER THIS SUBTITLE TO ACT AS AN
AGENT OR BROKER IN THIS STATE.

(E)  AN "APPOINTMENT" IS AN AGREEMENT BETWEEN AN AGENT AND
AN INSURER UNDER WHICH THE AGENT MAY SOLICIT, NEGOTIATE, MAKE, OR
PROCURE INSURANCE POLICIES, FOR COMPENSATION, WHICH ARE ISSUED BY
THE APPOINTING INSURER OR INSURERS.

(F)  THE TERM "QUALIFIED" WHEN USED IN THIS ARTICLE MEANS AN
AGENT WHO HAS OBTAINED A CERTIFICATE AND AN APPOINTMENT UNDER §
167(A) OF THIS ARTICLE, AND A BROKER WHO HAS OBTAINED A
CERTIFICATE UNDER § 167(B) OF THIS ARTICLE.

167.

(a) [No person shall in this State] A PERSON MAY NOT act as
[or hold himself out to be an agent or broker, nor shall any