# COMAR Title 31 — Maryland Insurance Administration

## Subtitle 03 — Insurance Producers and Other Insurance Professionals

### Chapter 10 — Advisers

**Authority:** Insurance Article, §§2-109, 10-202, and 10-203, Annotated Code of Maryland

**Administrative History:** Effective date: January 21, 2002 (29:1 Md. R. 26)

#### Regulation .01 Definitions.

*COMAR 31.03.10.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Adviser” has the meaning stated in Insurance Article, §10-201(b), Annotated Code of Maryland.

  (2) “Licensed insurance producer” has the meaning stated in Insurance Article, §1-101(w), Annotated Code of Maryland.

#### Regulation .02 Representation by Member of Trade Association.

*COMAR 31.03.10.02*

A. In General. A person is not required to be licensed as an adviser under Insurance Article, §10-203, Annotated Code of Maryland, in order to represent to the public that the person is a member of a trade association or similar organization that uses the term “insurance adviser” or a similar term in the name of the association or organization if the person:

  (1) Is a member in good standing of the trade association or similar organization at the time that the person makes the representation;

  (2) Does not otherwise act as an adviser or represent that the person is an adviser; and

  (3) Makes the representation in accordance with the requirements of §B of this regulation.

B. Manner of Representation. A person who otherwise qualifies to make a representation under §A of this regulation may make the representation only if the person:

  (1) Expressly qualifies the representation by use of a disclaimer such as “not a licensed insurance adviser” or, if the person is a licensed insurance producer, “licensed insurance producer only”; or

  (2) Makes the representation:

    (a) During a meeting of the trade association or similar organization held for the purpose of conducting the association's or organization's general business activities;

    (b) In a newspaper, newsletter, e-mail, or similar publication or electronic communication that is intended to be distributed only to members of the trade association or similar organization;

    (c) While soliciting a person to become a member of the trade association or similar organization; or

    (d) During an approved continuing education class for licensed insurance producers.

C. Manner of Disclaimer. A person who is required to make a disclaimer under §B(1) of this regulation shall make the disclaimer:

  (1) At the same time and in the same medium as the representation; and

  (2) If the representation is made in writing, on the same document or screen close to the representation.