Do both the agency and the individual broker have to be licensed?
A. The individual surplus lines broker must be licensed and is responsible for making the affidavit and tax filings with this Dept. If commissions are paid to the agency, it must hold a surplus lines license, in addition to an individual within that agency holding a surplus lines license. The agency is not required to make affidavit and tax filings as those are made by the individual licensed surplus lines broker only.