J. MILLARD TAWES, Governor                     1057

(4) The applicability of this subtitle as to surplus line trans-
actions shall be as provided in subtitle 13.

166.    Definitions.

As used in this subtitle:

(a)   An "agent" is an individual appointed by an insurer (1) to
solicit applications for insurance or annuities or to negotiate insur-
ance on its behalf; and (2) if authorized to do so by the insurer, to
effectuate and countersign insurance contracts. The term "agent"
shall not include:

(1)   Individuals employed and used by agents or insurers for the
performance of clerical, stenographic and similar office duties; inci-
dental taking of an application for insurance from time to time in
the office of the employing agent or insurer shall not constitute such
an employee an agent or solicitor if the employee's compensation
is not contingent upon or related to the volume of such applications,
insurance or premiums.

(2)   any regular salaried officer or employee of an insurer render-
ing assistance to or on behalf of a licensed agent, provided that such
salaried officer or employee receives no commission or other com-
pensation 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)   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.

(c) A "solicitor" is an individual appointed and authorized by an

agent or broker to solicit and receive applications for insurance and

collect premiums as a representative of the broker or agent.

167.    License Required—Agents, Brokers and Solicitors; AND
BROKERS; Penalty.

(a)   No person shall in this State act as or hold himself out to be
an agent, broker or solicitor, OR BROKER, nor shall any 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 PRO-
VIDED IN THIS ARTICLE.

(b)   No agent, broker or solicitor OR BROKER shall solicit or
take application for, negotiate, procure or place for others any kind
of insurance for which he is not then QUALIFIED OR AND licensed.

(c)   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 this subtitle, except as to the kinds of
insurance, types of insurers and transactions exempted from the
provisions of this sub-title by sections 165 and 171; provided, how-