Ch. 36                                     1995 LAWS OF MARYLAND

Defined terms: "Affiliate" § 7-101
"Control" § 1-101
"Domestic insurer" § 1-101
"Person" § 1-101
"Subsidiary" § 7-101

7-807. PROHIBITED ACTS; PENALTIES.

(A)     PROHIBITED ACTS.

A PERSON MAY NOT WILLFULLY:

(1)     VIOLATE A PROVISION OF THIS TITLE OR A REGULATION ADOPTED
BY THE COMMISSIONER UNDER THIS TITLE; OR

(2)     IN A DOCUMENT REQUIRED TO BE FILED UNDER SUBTITLE 3 OR
SUBTITLE 6 OF THIS TITLE:

(I)      MAKE AN UNTRUE STATEMENT OF A MATERIAL FACT; OR

(II)     OMIT A MATERIAL FACT THAT IS REQUIRED IN THE
DOCUMENT OR THAT IS NECESSARY TO MAKE A STATEMENT IN THE DOCUMENT
NOT MISLEADING.

(B)     PENALTIES.

A PERSON THAT VIOLATES SUBSECTION (A) OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $10,000
OR IMPRISONMENT NOT EXCEEDING 5 YEARS, OR BOTH.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 500(a).

In subsection (a)(2) of this section, the word "document" is substituted for the
former words "filing" and "registration" for clarity.

In subsection (b) of this section, the reference to being "guilty of a
misdemeanor" is added to state expressly that which only was implied in the
former law by the reference to a "conviction". In this State, any crime that was
not a felony at common law and has not been declared a felony by statute is
considered to be a misdemeanor. See State v. Canova, 278 Md. 483, 490
(1976); Bowser v. State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md.
373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1967).

Defined terms: "Commissioner" § 1-101
"Person" § 1-101

GENERAL REVISOR'S NOTE TO TITLE:

Former Art. 48A, § 502, which provided for the severability of invalid provisions, is
deleted as unnecessary in light of Art. 1, § 23 of the Code.

- 1070 -