Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
title: "15 U.S.C. § 6711"
description: "Functional regulation of insurance"
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title_number: 15
title_name: "COMMERCE AND TRADE"
chapter_number: "93"
chapter_name: "INSURANCE"
section: "6711"
citation: "15 U.S.C. § 6711"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 15 U.S.C. § 6711 - Functional regulation of insurance
## Text
The insurance activities of any person (including a national bank exercising its power to act as agent under section 92 of title 12) shall be functionally regulated by the States, subject to section 6701 of this title.
(Pub. L. 106102, title III, § 301, Nov. 12, 1999, 113 Stat. 1407.)
@@ -0,0 +1,71 @@
---
type: "LegalText"
title: "15 U.S.C. § 6712"
description: "Insurance underwriting in national banks"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 15
title_name: "COMMERCE AND TRADE"
chapter_number: "93"
chapter_name: "INSURANCE"
section: "6712"
citation: "15 U.S.C. § 6712"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 15 U.S.C. § 6712 - Insurance underwriting in national banks
## Text
(a) In general Except as provided in section 6713 of this title, a national bank and the subsidiaries of a national bank may not provide insurance in a State as principal except that this prohibition shall not apply to authorized products.
(b) Authorized products For the purposes of this section, a product is authorized if—
(1) as of January 1, 1999, the Comptroller of the Currency had determined in writing that national banks may provide such product as principal, or national banks were in fact lawfully providing such product as principal;
(2) no court of relevant jurisdiction had, by final judgment, overturned a determination of the Comptroller of the Currency that national banks may provide such product as principal; and
(3) the product is not title insurance, or an annuity contract the income of which is subject to tax treatment under section 72 of title 26.
(c) Definition For purposes of this section, the term “insurance” means—
(1) any product regulated as insurance as of January 1, 1999, in accordance with the relevant State insurance law, in the State in which the product is provided;
(2) any product first offered after January 1, 1999, which—
(A) a State insurance regulator determines shall be regulated as insurance in the State in which the product is provided because the product insures, guarantees, or indemnifies against liability, loss of life, loss of health, or loss through damage to or destruction of property, including, but not limited to, surety bonds, life insurance, health insurance, title insurance, and property and casualty insurance (such as private passenger or commercial automobile, homeowners, mortgage, commercial multiperil, general liability, professional liability, workers compensation, fire and allied lines, farm owners multiperil, aircraft, fidelity, surety, medical malpractice, ocean marine, inland marine, and boiler and machinery insurance); and
(B) is not a product or service of a bank that is—
(i) a deposit product;
(ii) a loan, discount, letter of credit, or other extension of credit;
(iii) a trust or other fiduciary service;
(iv) a qualified financial contract (as defined in or determined pursuant to section 1821(e)(8)(D)(i) of title 12); or
(v) a financial guaranty, except that this subparagraph (B) shall not apply to a product that includes an insurance component such that if the product is offered or proposed to be offered by the bank as principal—
(I) it would be treated as a life insurance contract under section 7702 of title 26; or
(II) in the event that the product is not a letter of credit or other similar extension of credit, a qualified financial contract, or a financial guaranty, it would qualify for treatment for losses incurred with respect to such product under section 832(b)(5) of title 26, if the bank were subject to tax as an insurance company under section 831 of that title; or
(3) any annuity contract, the income on which is subject to tax treatment under section 72 of title 26.
(d) Rule of construction For purposes of this section, providing insurance (including reinsurance) outside the United States that insures, guarantees, or indemnifies insurance products provided in a State, or that indemnifies an insurance company with regard to insurance products provided in a State, shall be considered to be providing insurance as principal in that State.
(Pub. L. 106102, title III, § 302, Nov. 12, 1999, 113 Stat. 1407.)
@@ -0,0 +1,55 @@
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type: "LegalText"
title: "15 U.S.C. § 6713"
description: "Title insurance activities of national banks and their affiliates"
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kind: "code_section"
title_number: 15
title_name: "COMMERCE AND TRADE"
chapter_number: "93"
chapter_name: "INSURANCE"
section: "6713"
citation: "15 U.S.C. § 6713"
status: "current"
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---
# 15 U.S.C. § 6713 - Title insurance activities of national banks and their affiliates
## Text
(a) General prohibition No national bank may engage in any activity involving the underwriting or sale of title insurance.
(b) Nondiscrimination parity exception (1) In general Notwithstanding any other provision of law (including section 6701 of this title), in the case of any State in which banks organized under the laws of such State are authorized to sell title insurance as agent, a national bank may sell title insurance as agent in such State, but only in the same manner, to the same extent, and under the same restrictions as such State banks are authorized to sell title insurance as agent in such State.
(2) Coordination with “wildcard” provision A State law which authorizes State banks to engage in any activities in such State in which a national bank may engage shall not be treated as a statute which authorizes State banks to sell title insurance as agent, for purposes of paragraph (1).
(c) Grandfathering with consistent regulation (1) In general Except as provided in paragraphs (2) and (3) and notwithstanding subsections (a) and (b), a national bank, and a subsidiary of a national bank, may conduct title insurance activities which such national bank or subsidiary was actively and lawfully conducting before November 12, 1999.
(2) Insurance affiliate In the case of a national bank which has an affiliate which provides insurance as principal and is not a subsidiary of the bank, the national bank and any subsidiary of the national bank may not engage in the underwriting of title insurance pursuant to paragraph (1).
(3) Insurance subsidiary In the case of a national bank which has a subsidiary which provides insurance as principal and has no affiliate other than a subsidiary which provides insurance as principal, the national bank may not directly engage in any activity involving the underwriting of title insurance.
(d) “Affiliate” and “subsidiary” defined For purposes of this section, the terms “affiliate” and “subsidiary” have the same meanings as in section 1841 of title 12.
(e) Rule of construction No provision of this Act or any other Federal law shall be construed as superseding or affecting a State law which was in effect before November 12, 1999, and which prohibits title insurance from being offered, provided, or sold in such State, or from being underwritten with respect to real property in such State, by any person whatsoever.
(Pub. L. 106102, title III, § 303, Nov. 12, 1999, 113 Stat. 1408.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (e), is Pub. L. 106102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking, and Tables.
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title: "15 U.S.C. § 6714"
description: "Expedited and equalized dispute resolution for Federal regulators"
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title_number: 15
title_name: "COMMERCE AND TRADE"
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citation: "15 U.S.C. § 6714"
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# 15 U.S.C. § 6714 - Expedited and equalized dispute resolution for Federal regulators
## Text
(a) Filing in Court of Appeals In the case of a regulatory conflict between a State insurance regulator and a Federal regulator regarding insurance issues, including whether a State law, rule, regulation, order, or interpretation regarding any insurance sales or solicitation activity is properly treated as preempted under Federal law, the Federal or State regulator may seek expedited judicial review of such determination by the United States Court of Appeals for the circuit in which the State is located or in the United States Court of Appeals for the District of Columbia Circuit by filing a petition for review in such court.
(b) Expedited review The United States Court of Appeals in which a petition for review is filed in accordance with subsection (a) shall complete all action on such petition, including rendering a judgment, before the end of the 60-day period beginning on the date on which such petition is filed, unless all parties to such proceeding agree to any extension of such period.
(c) Supreme Court review Any request for certiorari to the Supreme Court of the United States of any judgment of a United States Court of Appeals with respect to a petition for review under this section shall be filed with the Supreme Court of the United States as soon as practicable after such judgment is issued.
(d) Statute of limitation No petition may be filed under this section challenging an order, ruling, determination, or other action of a Federal regulator or State insurance regulator after the later of—
(1) the end of the 12-month period beginning on the date on which the first public notice is made of such order, ruling, determination or other action in its final form; or
(2) the end of the 6-month period beginning on the date on which such order, ruling, determination, or other action takes effect.
(e) Standard of review The court shall decide a petition filed under this section based on its review on the merits of all questions presented under State and Federal law, including the nature of the product or activity and the history and purpose of its regulation under State and Federal law, without unequal deference.
(Pub. L. 106102, title III, § 304, Nov. 12, 1999, 113 Stat. 1409.)
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type: "LegalText"
title: "15 U.S.C. § 6715"
description: "Certain State affiliation laws preempted for insurance companies and affiliates"
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title_number: 15
title_name: "COMMERCE AND TRADE"
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---
# 15 U.S.C. § 6715 - Certain State affiliation laws preempted for insurance companies and affiliates
## Text
Except as provided in section 6701(c)(2) of this title, no State may, by law, regulation, order, interpretation, or otherwise—
(1) prevent or significantly interfere with the ability of any insurer, or any affiliate of an insurer (whether such affiliate is organized as a stock company, mutual holding company, or otherwise), to become a financial holding company or to acquire control of a depository institution;
(2) limit the amount of an insurers assets that may be invested in the voting securities of a depository institution (or any company which controls such institution), except that the laws of an insurers State of domicile may limit the amount of such investment to an amount that is not less than 5 percent of the insurers admitted assets; or
(3) prevent, significantly interfere with, or have the authority to review, approve, or disapprove a plan of reorganization by which an insurer proposes to reorganize from mutual form to become a stock insurer (whether as a direct or indirect subsidiary of a mutual holding company or otherwise) unless such State is the State of domicile of the insurer.
(Pub. L. 106102, title III, § 306, Nov. 12, 1999, 113 Stat. 1415.)
@@ -0,0 +1,59 @@
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type: "LegalText"
title: "15 U.S.C. § 6716"
description: "Interagency consultation"
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title_number: 15
title_name: "COMMERCE AND TRADE"
chapter_number: "93"
chapter_name: "INSURANCE"
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citation: "15 U.S.C. § 6716"
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---
# 15 U.S.C. § 6716 - Interagency consultation
## Text
(a) Purpose It is the intention of the Congress that the Board of Governors of the Federal Reserve System, as the umbrella supervisor for financial holding companies, and the State insurance regulators, as the functional regulators of companies engaged in insurance activities, coordinate efforts to supervise companies that control both a depository institution and a company engaged in insurance activities regulated under State law. In particular, Congress believes that the Board and the State insurance regulators should share, on a confidential basis, information relevant to the supervision of companies that control both a depository institution and a company engaged in insurance activities, including information regarding the financial health of the consolidated organization and information regarding transactions and relationships between insurance companies and affiliated depository institutions. The appropriate Federal banking agencies for depository institutions should also share, on a confidential basis, information with the relevant State insurance regulators regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. The purpose of this section is to encourage this coordination and confidential sharing of information, and to thereby improve both the efficiency and the quality of the supervision of financial holding companies and their affiliated depository institutions and companies engaged in insurance activities.
(b) Examination results and other information (1) Information of the Board Upon the request of the appropriate insurance regulator of any State, the Board may provide any information of the Board regarding the financial condition, risk management policies, and operations of any financial holding company that controls a company that is engaged in insurance activities and is regulated by such State insurance regulator, and regarding any transaction or relationship between such an insurance company and any affiliated depository institution. The Board may provide any other information to the appropriate State insurance regulator that the Board believes is necessary or appropriate to permit the State insurance regulator to administer and enforce applicable State insurance laws.
(2) Banking agency information Upon the request of the appropriate insurance regulator of any State, the appropriate Federal banking agency may provide any information of the agency regarding any transaction or relationship between a depository institution supervised by such Federal banking agency and any affiliated company that is engaged in insurance activities regulated by such State insurance regulator. The appropriate Federal banking agency may provide any other information to the appropriate State insurance regulator that the agency believes is necessary or appropriate to permit the State insurance regulator to administer and enforce applicable State insurance laws.
(3) State insurance regulator information Upon the request of the Board or the appropriate Federal banking agency, a State insurance regulator may provide any examination or other reports, records, or other information to which such insurance regulator may have access with respect to a company which—
(A) is engaged in insurance activities and regulated by such insurance regulator; and
(B) is an affiliate of a depository institution or financial holding company.
(c) Consultation Before making any determination relating to the initial affiliation of, or the continuing affiliation of, a depository institution or financial holding company with a company engaged in insurance activities, the appropriate Federal banking agency shall consult with the appropriate State insurance regulator of such company and take the views of such insurance regulator into account in making such determination.
(d) Effect on other authority Nothing in this section shall limit in any respect the authority of the appropriate Federal banking agency with respect to a depository institution or bank holding company or any affiliate thereof under any provision of law.
(e) Confidentiality and privilege (1) Confidentiality The appropriate Federal banking agency shall not provide any information or material that is entitled to confidential treatment under applicable Federal banking agency regulations, or other applicable law, to a State insurance regulator unless such regulator agrees to maintain the information or material in confidence and to take all reasonable steps to oppose any effort to secure disclosure of the information or material by the regulator. The appropriate Federal banking agency shall treat as confidential any information or material obtained from a State insurance regulator that is entitled to confidential treatment under applicable State regulations, or other applicable law, and take all reasonable steps to oppose any effort to secure disclosure of the information or material by the Federal banking agency.
(2) Privilege The provision pursuant to this section of information or material by a Federal banking agency or State insurance regulator shall not constitute a waiver of, or otherwise affect, any privilege to which the information or material is otherwise subject.
(f) Definitions For purposes of this section, the following definitions shall apply:
(1) Appropriate Federal banking agency; depository institution The terms “appropriate Federal banking agency” and “depository institution” have the same meanings as in section 1813 of title 12.
(2) Board and financial holding company The terms “Board” and “financial holding company” have the same meanings as in section 1841 of title 12.
(Pub. L. 106102, title III, § 307, Nov. 12, 1999, 113 Stat. 1415.)
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# 15 U.S.C. § 6717 - Definition of State
## Text
For purposes of this subchapter, the term “State” means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(Pub. L. 106102, title III, § 308, Nov. 12, 1999, 113 Stat. 1417.)
## Notes
Editorial Notes
References in TextThis subchapter, referred to in text, was in original “this subtitle”, meaning subtitle A (§ 301 et seq.) of title III of Pub. L. 106102, which enacted this subchapter and section 1831x of Title 12, Banks and Banking. For complete classification of this subtitle to the Code, see Tables.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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---
# 15 U.S.C. § 6731 - General application
## Text
This subchapter shall only apply to a mutual insurance company in a State which has not enacted a law which expressly establishes reasonable terms and conditions for a mutual insurance company domiciled in such State to reorganize into a mutual holding company.
(Pub. L. 106102, title III, § 311, Nov. 12, 1999, 113 Stat. 1417.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 106102, title III, § 316, Nov. 12, 1999, 113 Stat. 1422, provided that: “This subtitle [subtitle B (§§ 311316) of title III of Pub. L. 106102, enacting this subchapter] shall take effect on the date of the enactment of this Act [Nov. 12, 1999].”
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title_number: 15
title_name: "COMMERCE AND TRADE"
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---
# 15 U.S.C. § 6732 - Redomestication of mutual insurers
## Text
(a) Redomestication A mutual insurer organized under the laws of any State may transfer its domicile to a transferee domicile as a step in a reorganization in which, pursuant to the laws of the transferee domicile and consistent with the standards in subsection (f), the mutual insurer becomes a stock insurer that is a direct or indirect subsidiary of a mutual holding company.
(b) Resulting domicile Upon complying with the applicable law of the transferee domicile governing transfers of domicile and completion of a transfer pursuant to this section, the mutual insurer shall cease to be a domestic insurer in the transferor domicile and, as a continuation of its corporate existence, shall be a domestic insurer of the transferee domicile.
(c) Licenses preserved The certificate of authority, agents appointments and licenses, rates, approvals and other items that a licensed State allows and that are in existence immediately prior to the date that a redomesticating insurer transfers its domicile pursuant to this subchapter shall continue in full force and effect upon transfer, if the insurer remains duly qualified to transact the business of insurance in such licensed State.
(d) Effectiveness of outstanding policies and contracts (1) In general All outstanding insurance policies and annuities contracts of a redomesticating insurer shall remain in full force and effect and need not be endorsed as to the new domicile of the insurer, unless so ordered by the State insurance regulator of a licensed State, and then only in the case of outstanding policies and contracts whose owners reside in such licensed State.
(2) Forms (A) Applicable State law may require a redomesticating insurer to file new policy forms with the State insurance regulator of a licensed State on or before the effective date of the transfer.
(B) Notwithstanding subparagraph (A), a redomesticating insurer may use existing policy forms with appropriate endorsements to reflect the new domicile of the redomesticating insurer until the new policy forms are approved for use by the State insurance regulator of such licensed State.
(e) Notice A redomesticating insurer shall give notice of the proposed transfer to the State insurance regulator of each licensed State and shall file promptly any resulting amendments to corporate documents required to be filed by a foreign licensed mutual insurer with the insurance regulator of each such licensed State.
(f) Procedural requirements No mutual insurer may redomesticate to another State and reorganize into a mutual holding company pursuant to this section unless the State insurance regulator of the transferee domicile determines that the plan of reorganization of the insurer includes the following requirements:
(1) Approval by board of directors and policyholders The reorganization is approved by at least a majority of the board of directors of the mutual insurer and at least a majority of the policyholders who vote after notice, disclosure of the reorganization and the effects of the transaction on policyholder contractual rights, and reasonable opportunity to vote, in accordance with such notice, disclosure, and voting procedures as are approved by the State insurance regulator of the transferee domicile.
(2) Continued voting control by policyholders; review of public stock offering After the consummation of a reorganization, the policyholders of the reorganized insurer shall have the same voting rights with respect to the mutual holding company as they had before the reorganization with respect to the mutual insurer. With respect to an initial public offering of stock, the offering shall be conducted in compliance with applicable securities laws and in a manner approved by the State insurance regulator of the transferee domicile.
(3) Award of stock or grant of options to officers and directors During the applicable period provided for under the State law of the transferee domicile following completion of an initial public offering, or for a period of six months if no such applicable period is provided, neither a stock holding company nor the converted insurer shall award any stock options or stock grants to persons who are elected officers or directors of the mutual holding company, the stock holding company, or the converted insurer, except with respect to any such awards or options to which a person is entitled as a policyholder and as approved by the State insurance regulator of the transferee domicile.
(4) Policyholder rights Upon reorganization into a mutual holding company, the contractual rights of the policyholders are preserved.
(5) Fair and equitable treatment of policyholders The reorganization is approved as fair and equitable to the policyholders by the insurance regulator of the transferee domicile.
(Pub. L. 106102, title III, § 312, Nov. 12, 1999, 113 Stat. 1417.)
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# 15 U.S.C. § 6733 - Effect on State laws restricting redomestication
## Text
(a) In general Unless otherwise permitted by this subchapter, State laws of any transferor domicile that conflict with the purposes and intent of this subchapter are preempted, including but not limited to—
(1) any law that has the purpose or effect of impeding the activities of, taking any action against, or applying any provision of law or regulation to, any insurer or an affiliate of such insurer because that insurer or any affiliate plans to redomesticate, or has redomesticated, pursuant to this subchapter;
(2) any law that has the purpose or effect of impeding the activities of, taking action against, or applying any provision of law or regulation to, any insured or any insurance licensee or other intermediary because such person has procured insurance from or placed insurance with any insurer or affiliate of such insurer that plans to redomesticate, or has redomesticated, pursuant to this subchapter, but only to the extent that such law would treat such insured licensee or other intermediary differently than if the person procured insurance from, or placed insurance with, an insured licensee or other intermediary which had not redomesticated; and
(3) any law that has the purpose or effect of terminating, because of the redomestication of a mutual insurer pursuant to this subchapter, any certificate of authority, agent appointment or license, rate approval, or other approval, of any State insurance regulator or other State authority in existence immediately prior to the redomestication in any State other than the transferee domicile.
(b) Differential treatment prohibited No State law, regulation, interpretation, or functional equivalent thereof, of a State other than a transferee domicile may treat a redomesticating or redomesticated insurer or any affiliate thereof any differently than an insurer operating in that State that is not a redomesticating or redomesticated insurer.
(c) Laws prohibiting operations If any licensed State fails to issue, delays the issuance of, or seeks to revoke an original or renewal certificate of authority of a redomesticated insurer promptly following redomestication, except on grounds and in a manner consistent with its past practices regarding the issuance of certificates of authority to foreign insurers that are not redomesticating, then the redomesticating insurer shall be exempt from any State law of the licensed State to the extent that such State law or the operation of such State law would make unlawful, or regulate, directly or indirectly, the operation of the redomesticated insurer, except that such licensed State may require the redomesticated insurer to—
(1) comply with the unfair claim settlement practices law of the licensed State;
(2) pay, on a nondiscriminatory basis, applicable premium and other taxes which are levied on licensed insurers or policyholders under the laws of the licensed State;
(3) register with and designate the State insurance regulator as its agent solely for the purpose of receiving service of legal documents or process;
(4) submit to an examination by the State insurance regulator in any licensed State in which the redomesticated insurer is doing business to determine the insurers financial condition, if—
(A) the State insurance regulator of the transferee domicile has not begun an examination of the redomesticated insurer and has not scheduled such an examination to begin before the end of the 1-year period beginning on the date of the redomestication; and
(B) any such examination is coordinated to avoid unjustified duplication and repetition;
(5) comply with a lawful order issued in—
(A) a delinquency proceeding commenced by the State insurance regulator of any licensed State if there has been a judicial finding of financial impairment under paragraph (7); or
(B) a voluntary dissolution proceeding;
(6) comply with any State law regarding deceptive, false, or fraudulent acts or practices, except that if the licensed State seeks an injunction regarding the conduct described in this paragraph, such injunction must be obtained from a court of competent jurisdiction as provided in section 6734(a) of this title;
(7) comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance regulator alleging that the redomesticating insurer is in hazardous financial condition or is financially impaired;
(8) participate in any insurance insolvency guaranty association on the same basis as any other insurer licensed in the licensed State; and
(9) require a person acting, or offering to act, as an insurance licensee for a redomesticated insurer in the licensed State to obtain a license from that State, except that such State may not impose any qualification or requirement that discriminates against a nonresident insurance licensee.
(Pub. L. 106102, title III, § 313, Nov. 12, 1999, 113 Stat. 1419.)
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# 15 U.S.C. § 6734 - Other provisions
## Text
(a) Judicial review The appropriate United States district court shall have exclusive jurisdiction over litigation arising under this section 11 See References in Text note below. involving any redomesticating or redomesticated insurer.
(b) Severability If any provision of this section,1 or the application thereof to any person or circumstances, is held invalid, the remainder of the section,1 and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Pub. L. 106102, title III, § 314, Nov. 12, 1999, 113 Stat. 1420.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, probably should be a reference to this subtitle, meaning subtitle B (§§ 311316) of title III of Pub. L. 106102, which is classified generally to this subchapter.
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# 15 U.S.C. § 6735 - Definitions
## Text
For purposes of this subchapter, the following definitions shall apply:
(1) Court of competent jurisdiction The term “court of competent jurisdiction” means a court authorized pursuant to section 6734(a) of this title to adjudicate litigation arising under this subchapter.
(2) Domicile The term “domicile” means the State in which an insurer is incorporated, chartered, or organized.
(3) Insurance licensee The term “insurance licensee” means any person holding a license under State law to act as insurance agent, subagent, broker, or consultant.
(4) Institution The term “institution” means a corporation, joint stock company, limited liability company, limited liability partnership, association, trust, partnership, or any similar entity.
(5) Licensed State The term “licensed State” means any State, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands in which the redomesticating insurer has a certificate of authority in effect immediately prior to the redomestication.
(6) Mutual insurer The term “mutual insurer” means a mutual insurer organized under the laws of any State.
(7) Person The term “person” means an individual, institution, government or governmental agency, State or political subdivision of a State, public corporation, board, association, estate, trustee, or fiduciary, or other similar entity.
(8) Policyholder The term “policyholder” means the owner of a policy issued by a mutual insurer, except that, with respect to voting rights, the term means a member of a mutual insurer or mutual holding company granted the right to vote, as determined under applicable State law.
(9) Redomesticated insurer The term “redomesticated insurer” means a mutual insurer that has redomesticated pursuant to this subchapter.
(10) Redomesticating insurer The term “redomesticating insurer” means a mutual insurer that is redomesticating pursuant to this subchapter.
(11) Redomestication or transfer The term “redomestication” or “transfer” means the transfer of the domicile of a mutual insurer from one State to another State pursuant to this subchapter.
(12) State insurance regulator The term “State insurance regulator” means the principal insurance regulatory authority of a State, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(13) State law The term “State law” means the statutes of any State, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands and any regulation, order, or requirement prescribed pursuant to any such statute.
(14) Transferee domicile The term “transferee domicile” means the State to which a mutual insurer is redomesticating pursuant to this subchapter.
(15) Transferor domicile The term “transferor domicile” means the State from which a mutual insurer is redomesticating pursuant to this subchapter.
(Pub. L. 106102, title III, § 315, Nov. 12, 1999, 113 Stat. 1420.)
## Notes
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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# 15 U.S.C. § 6751 - National Association of Registered Agents and Brokers
## Text
(a) Establishment There is established the National Association of Registered Agents and Brokers (referred to in this subchapter as the “Association”).
(b) Status The Association shall—
(1) be a nonprofit corporation;
(2) not be an agent or instrumentality of the Federal Government;
(3) be an independent organization that may not be merged with or into any other private or public entity; and
(4) except as otherwise provided in this subchapter, be subject to, and have all the powers conferred upon, a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29301.01 et seq.) or any successor thereto.
(Pub. L. 106102, title III, § 321, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 13.)
## Notes
Editorial Notes
References in TextThe District of Columbia Nonprofit Corporation Act, referred to in subsec. (b)(4), is Pub. L. 87569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
Prior ProvisionsProvisions similar to this section were contained in section 6752 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6751, Pub. L. 106102, title III, § 321, Nov. 12, 1999, 113 Stat. 1422, related to State flexibility in multistate licensing reforms, prior to the general amendment of this subchapter by Pub. L. 1141.
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# 15 U.S.C. § 6752 - Purpose
## Text
The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to—
(1) licensing, continuing education, and other qualification requirements of insurance producers that are not members of the Association;
(2) resident or nonresident insurance producer appointment requirements;
(3) supervising and disciplining resident and nonresident insurance producers;
(4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of insurance producer licensing revenue to the State; and
(5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers.
(Pub. L. 106102, title III, § 322, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 13.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6753 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6752, Pub. L. 106102, title III, § 322, Nov. 12, 1999, 113 Stat. 1424, related to National Association of Registered Agents and Brokers, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6751 of this title.
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# 15 U.S.C. § 6753 - Membership
## Text
(a) Eligibility (1) In general Any insurance producer licensed in its home State shall, subject to paragraphs (2) and (4), be eligible to become a member of the Association.
(2) Ineligibility for suspension or revocation of license Subject to paragraph (3), an insurance producer is not eligible to become a member of the Association if a State insurance regulator has suspended or revoked the insurance license of the insurance producer in that State.
(3) Resumption of eligibility Paragraph (2) shall cease to apply to any insurance producer if—
(A) the State insurance regulator reissues or renews the license of the insurance producer in the State in which the license was suspended or revoked, or otherwise terminates or vacates the suspension or revocation; or
(B) the suspension or revocation expires or is subsequently overturned by a court of competent jurisdiction.
(4) Criminal history record check required (A) In general An insurance producer who is an individual shall not be eligible to become a member of the Association unless the insurance producer has undergone a criminal history record check that complies with regulations prescribed by the Attorney General of the United States under subparagraph (K).
(B) Criminal history record check requested by home State An insurance producer who is licensed in a State and who has undergone a criminal history record check during the 2-year period preceding the date of submission of an application to become a member of the Association, in compliance with a requirement to undergo such criminal history record check as a condition for such licensure in the State, shall be deemed to have undergone a criminal history record check for purposes of subparagraph (A).
(C) Criminal history record check requested by Association (i) In general The Association shall, upon request by an insurance producer licensed in a State, submit fingerprints or other identification information obtained from the insurance producer, and a request for a criminal history record check of the insurance producer, to the Federal Bureau of Investigation.
(ii) Procedures The board of directors of the Association (referred to in this subchapter as the “Board”) shall prescribe procedures for obtaining and utilizing fingerprints or other identification information and criminal history record information, including the establishment of reasonable fees to defray the expenses of the Association in connection with the performance of a criminal history record check and appropriate safeguards for maintaining confidentiality and security of the information. Any fees charged pursuant to this clause shall be separate and distinct from those charged by the Attorney General pursuant to subparagraph (I).
(D) Form of request A submission under subparagraph (C)(i) shall include such fingerprints or other identification information as is required by the Attorney General concerning the person about whom the criminal history record check is requested, and a statement signed by the person authorizing the Attorney General to provide the information to the Association and for the Association to receive the information.
(E) Provision of information by Attorney General Upon receiving a submission under subparagraph (C)(i) from the Association, the Attorney General shall search all criminal history records of the Federal Bureau of Investigation, including records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, that the Attorney General determines appropriate for criminal history records corresponding to the fingerprints or other identification information provided under subparagraph (D) and provide all criminal history record information included in the request to the Association.
(F) Limitation on permissible uses of information Any information provided to the Association under subparagraph (E) may only—
(i) be used for purposes of determining compliance with membership criteria established by the Association;
(ii) be disclosed to State insurance regulators, or Federal or State law enforcement agencies, in conformance with applicable law; or
(iii) be disclosed, upon request, to the insurance producer to whom the criminal history record information relates.
(G) Penalty for improper use or disclosure Whoever knowingly uses any information provided under subparagraph (E) for a purpose not authorized in subparagraph (F), or discloses any such information to anyone not authorized to receive it, shall be fined not more than $50,000 per violation as determined by a court of competent jurisdiction.
(H) Reliance on information Neither the Association nor any of its Board members, officers, or employees shall be liable in any action for using information provided under subparagraph (E) as permitted under subparagraph (F) in good faith and in reasonable reliance on its accuracy.
(I) Fees The Attorney General may charge a reasonable fee for conducting the search and providing the information under subparagraph (E), and any such fee shall be collected and remitted by the Association to the Attorney General.
(J) Rule of construction Nothing in this paragraph shall be construed as—
(i) requiring a State insurance regulator to perform criminal history record checks under this section; or
(ii) limiting any other authority that allows access to criminal history records.
(K) Regulations The Attorney General shall prescribe regulations to carry out this paragraph, which shall include—
(i) appropriate protections for ensuring the confidentiality of information provided under subparagraph (E); and
(ii) procedures providing a reasonable opportunity for an insurance producer to contest the accuracy of information regarding the insurance producer provided under subparagraph (E).
(L) Ineligibility for membership (i) In general The Association may, under reasonably consistently applied standards, deny membership to an insurance producer on the basis of criminal history record information provided under subparagraph (E), or where the insurance producer has been subject to disciplinary action, as described in paragraph (2).
(ii) Rights of applicants denied membership The Association shall notify any insurance producer who is denied membership on the basis of criminal history record information provided under subparagraph (E) of the right of the insurance producer to—
(I) obtain a copy of all criminal history record information provided to the Association under subparagraph (E) with respect to the insurance producer; and
(II) challenge the denial of membership based on the accuracy and completeness of the information.
(M) Definition For purposes of this paragraph, the term “criminal history record check” means a national background check of criminal history records of the Federal Bureau of Investigation.
(b) Authority to establish membership criteria The Association may establish membership criteria that bear a reasonable relationship to the purposes for which the Association was established.
(c) Establishment of classes and categories of membership (1) Classes of membership The Association may establish separate classes of membership, with separate criteria, if the Association reasonably determines that performance of different duties requires different levels of education, training, experience, or other qualifications.
(2) Business entities The Association shall establish a class of membership and membership criteria for business entities. A business entity that applies for membership shall be required to designate an individual Association member responsible for the compliance of the business entity with Association standards and the insurance laws, standards, and regulations of any State in which the business entity seeks to do business on the basis of Association membership.
(3) Categories (A) Separate categories for insurance producers permitted The Association may establish separate categories of membership for insurance producers and for other persons or entities within each class, based on the types of licensing categories that exist under State laws.
(B) Separate treatment for depository institutions prohibited No special categories of membership, and no distinct membership criteria, shall be established for members that are depository institutions or for employees, agents, or affiliates of depository institutions.
(d) Membership criteria (1) In general The Association may establish criteria for membership which shall include standards for personal qualifications, education, training, and experience. The Association shall not establish criteria that unfairly limit the ability of a small insurance producer to become a member of the Association, including imposing discriminatory membership fees.
(2) Qualifications In establishing criteria under paragraph (1), the Association shall not adopt any qualification less protective to the public than that contained in the National Association of Insurance Commissioners (referred to in this subchapter as the “NAIC”) Producer Licensing Model Act in effect as of January 12, 2015, and shall consider the highest levels of insurance producer qualifications established under the licensing laws of the States.
(3) Assistance from States (A) In general The Association may request a State to provide assistance in investigating and evaluating the eligibility of a prospective member for membership in the Association.
(B) Authorization of information sharing A submission under subsection (a)(4)(C)(i) made by an insurance producer licensed in a State shall include a statement signed by the person about whom the assistance is requested authorizing—
(i) the State to share information with the Association; and
(ii) the Association to receive the information.
(C) Rule of construction Subparagraph (A) shall not be construed as requiring or authorizing any State to adopt new or additional requirements concerning the licensing or evaluation of insurance producers.
(4) Denial of membership The Association may, based on reasonably consistently applied standards, deny membership to any State-licensed insurance producer for failure to meet the membership criteria established by the Association.
(e) Effect of membership (1) Authority of Association members Membership in the Association shall—
(A) authorize an insurance producer to sell, solicit, or negotiate insurance in any State for which the member pays the licensing fee set by the State for any line or lines of insurance specified in the home State license of the insurance producer, and exercise all such incidental powers as shall be necessary to carry out such activities, including claims adjustments and settlement to the extent permissible under the laws of the State, risk management, employee benefits advice, retirement planning, and any other insurance-related consulting activities;
(B) be the equivalent of a nonresident insurance producer license for purposes of authorizing the insurance producer to engage in the activities described in subparagraph (A) in any State where the member pays the licensing fee; and
(C) be the equivalent of a nonresident insurance producer license for the purpose of subjecting an insurance producer to all laws, regulations, provisions or other action of any State concerning revocation, suspension, or other enforcement action related to the ability of a member to engage in any activity within the scope of authority granted under this subsection and to all State laws, regulations, provisions, and actions preserved under paragraph (5).
(2) Violent Crime Control and Law Enforcement Act of 1994 Nothing in this subchapter shall be construed to alter, modify, or supercede any requirement established by section 1033 of title 18.
(3) Agent for remitting fees The Association shall act as an agent for any member for purposes of remitting licensing fees to any State pursuant to paragraph (1).
(4) Notification of action (A) In general The Association shall notify the States (including State insurance regulators) and the NAIC when an insurance producer has satisfied the membership criteria of this section. The States (including State insurance regulators) shall have 10 business days after the date of the notification in order to provide the Association with evidence that the insurance producer does not satisfy the criteria for membership in the Association.
(B) Ongoing disclosures required On an ongoing basis, the Association shall disclose to the States (including State insurance regulators) and the NAIC a list of the States in which each member is authorized to operate. The Association shall immediately notify the States (including State insurance regulators) and the NAIC when a member is newly authorized to operate in one or more States, or is no longer authorized to operate in one or more States on the basis of Association membership.
(5) Preservation of consumer protection and market conduct regulation (A) In general No provision of this section shall be construed as altering or affecting the applicability or continuing effectiveness of any law, regulation, provision, or other action of any State, including those described in subparagraph (B), to the extent that the State law, regulation, provision, or other action is not inconsistent with the provisions of this subchapter related to market entry for nonresident insurance producers, and then only to the extent of the inconsistency.
(B) Preserved regulations The laws, regulations, provisions, or other actions of any State referred to in subparagraph (A) include laws, regulations, provisions, or other actions that—
(i) regulate market conduct, insurance producer conduct, or unfair trade practices;
(ii) establish consumer protections; or
(iii) require insurance producers to be appointed by a licensed or authorized insurer.
(f) Biennial renewal Membership in the Association shall be renewed on a biennial basis.
(g) Continuing education (1) In general The Association shall establish, as a condition of membership, continuing education requirements which shall be comparable to the continuing education requirements under the licensing laws of a majority of the States.
(2) State continuing education requirements A member may not be required to satisfy continuing education requirements imposed under the laws, regulations, provisions, or actions of any State other than the home State of the member.
(3) Reciprocity The Association shall not require a member to satisfy continuing education requirements that are equivalent to any continuing education requirements of the home State of the member that have been satisfied by the member during the applicable licensing period.
(4) Limitation on the Association The Association shall not directly or indirectly offer any continuing education courses for insurance producers.
(h) Probation, suspension and revocation (1) Disciplinary action The Association may place an insurance producer that is a member of the Association on probation or suspend or revoke the membership of the insurance producer in the Association, or assess monetary fines or penalties, as the Association determines to be appropriate, if—
(A) the insurance producer fails to meet the applicable membership criteria or other standards established by the Association;
(B) the insurance producer has been subject to disciplinary action pursuant to a final adjudicatory proceeding under the jurisdiction of a State insurance regulator;
(C) an insurance license held by the insurance producer has been suspended or revoked by a State insurance regulator; or
(D) the insurance producer has been convicted of a crime that would have resulted in the denial of membership pursuant to subsection (a)(4)(L)(i) at the time of application, and the Association has received a copy of the final disposition from a court of competent jurisdiction.
(2) Violations of Association standards The Association shall have the power to investigate alleged violations of Association standards.
(3) Reporting The Association shall immediately notify the States (including State insurance regulators) and the NAIC when the membership of an insurance producer has been placed on probation or has been suspended, revoked, or otherwise terminated, or when the Association has assessed monetary fines or penalties.
(i) Consumer complaints (1) In general The Association shall—
(A) refer any complaint against a member of the Association from a consumer relating to alleged misconduct or violations of State insurance laws to the State insurance regulator where the consumer resides and, when appropriate, to any additional State insurance regulator, as determined by standards adopted by the Association; and
(B) make any related records and information available to each State insurance regulator to whom the complaint is forwarded.
(2) Telephone and other access The Association shall maintain a toll-free number for purposes of this subsection and, as practicable, other alternative means of communication with consumers, such as an Internet webpage.
(3) Final disposition of investigation State insurance regulators shall provide the Association with information regarding the final disposition of a complaint referred pursuant to paragraph (1)(A), but nothing shall be construed to compel a State to release confidential investigation reports or other information protected by State law to the Association.
(j) Information sharing The Association may—
(1) share documents, materials, or other information, including confidential and privileged documents, with a State, Federal, or international governmental entity or with the NAIC or other appropriate entity referred to 11 So in original. Probably should be followed by “in”. paragraphs (3) and (4), provided that the recipient has the authority and agrees to maintain the confidentiality or privileged status of the document, material, or other information;
(2) limit the sharing of information as required under this subchapter with the NAIC or any other non-governmental entity, in circumstances under which the Association determines that the sharing of such information is unnecessary to further the purposes of this subchapter;
(3) establish a central clearinghouse, or utilize the NAIC or another appropriate entity, as determined by the Association, as a central clearinghouse, for use by the Association and the States (including State insurance regulators), through which members of the Association may disclose their intent to operate in 1 or more States and pay the licensing fees to the appropriate States; and
(4) establish a database, or utilize the NAIC or another appropriate entity, as determined by the Association, as a database, for use by the Association and the States (including State insurance regulators) for the collection of regulatory information concerning the activities of insurance producers.
(k) Effective date The provisions of this section shall take effect on the later of—
(1) the expiration of the 2-year period beginning on January 12, 2015; and
(2) the date of incorporation of the Association.
(Pub. L. 106102, title III, § 323, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 13.)
## Notes
Editorial Notes
References in TextThe Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (e)(2), is Pub. L. 103322, Sept. 13, 1994, 108 Stat. 1796. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of Title 34, Crime Control and Law Enforcement, and Tables.
Prior ProvisionsProvisions similar to this section were contained in section 6755 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6753, Pub. L. 106102, title III, § 323, Nov. 12, 1999, 113 Stat. 1424, related to purpose of the Association, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6752 of this title.
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# 15 U.S.C. § 6754 - Board of directors
## Text
(a) Establishment There is established a board of directors of the Association, which shall have authority to govern and supervise all activities of the Association.
(b) Powers The Board shall have such of the powers and authority of the Association as may be specified in the bylaws of the Association.11 So in original. Probably should be “such powers and authority as may be specified in the bylaws of the Association.”
(c) Composition (1) In general The Board shall consist of 13 members who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, of whom—
(A) 8 shall be State insurance commissioners appointed in the manner provided in paragraph (2), 1 of whom shall be designated by the President to serve as the chairperson of the Board until the Board elects one such State insurance commissioner Board member to serve as the chairperson of the Board;
(B) 3 shall have demonstrated expertise and experience with property and casualty insurance producer licensing; and
(C) 2 shall have demonstrated expertise and experience with life or health insurance producer licensing.
(2) State insurance regulator representatives (A) Recommendations Before making any appointments pursuant to paragraph (1)(A), the President shall request a list of recommended candidates from the States through the NAIC, which shall not be binding on the President. If the NAIC fails to submit a list of recommendations not later than 15 business days after the date of the request, the President may make the requisite appointments without considering the views of the NAIC.
(B) Political affiliation Not more than 4 Board members appointed under paragraph (1)(A) shall belong to the same political party.
(C) Former State insurance commissioners (i) In general If, after offering each currently serving State insurance commissioner an appointment to the Board, fewer than 8 State insurance commissioners have accepted appointment to the Board, the President may appoint the remaining State insurance commissioner Board members, as required under paragraph (1)(A), of the appropriate political party as required under subparagraph (B), from among individuals who are former State insurance commissioners.
(ii) Limitation A former State insurance commissioner appointed as described in clause (i) may not be employed by or have any present direct or indirect financial interest in any insurer, insurance producer, or other entity in the insurance industry, other than direct or indirect ownership of, or beneficial interest in, an insurance policy or annuity contract written or sold by an insurer.
(D) Service through term If a Board member appointed under paragraph (1)(A) ceases to be a State insurance commissioner during the term of the Board member, the Board member shall cease to be a Board member.
(3) Private sector representatives In making any appointment pursuant to subparagraph (B) or (C) of paragraph (1), the President may seek recommendations for candidates from groups representing the category of individuals described, which shall not be binding on the President.
(4) State insurance commissioner defined For purposes of this subsection, the term “State insurance commissioner” means a person who serves in the position in State government, or on the board, commission, or other body that is the primary insurance regulatory authority for the State.
(d) Terms (1) In general Except as provided under paragraph (2), the term of service for each Board member shall be 2 years.
(2) Exceptions (A) 1-year terms The term of service shall be 1 year, as designated by the President at the time of the nomination of the subject Board members for—
(i) 4 of the State insurance commissioner Board members initially appointed under paragraph (1)(A),22 So in original. Probably should be “paragraph (1)(A) of subsection (c),”. of whom not more than 2 shall belong to the same political party;
(ii) 1 of the Board members initially appointed under paragraph (1)(B); 33 So in original. Probably should be “paragraph (1)(B) of subsection (c);”. and
(iii) 1 of the Board members initially appointed under paragraph (1)(C).44 So in original. Probably should be “paragraph (1)(C) of subsection (c).”
(B) Expiration of term A Board member may continue to serve after the expiration of the term to which the Board member was appointed for the earlier of 2 years or until a successor is appointed.
(C) Mid-term appointments A Board member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the Board member was appointed shall be appointed only for the remainder of that term.
(3) Successive terms Board members may be reappointed to successive terms.
(e) Initial appointments The appointment of initial Board members shall be made no later than 90 days after January 12, 2015.
(f) Meetings (1) In general The Board shall meet—
(A) at the call of the chairperson;
(B) as requested in writing to the chairperson by not fewer than 5 Board members; or
(C) as otherwise provided by the bylaws of the Association.
(2) Quorum required A majority of all Board members shall constitute a quorum.
(3) Voting Decisions of the Board shall require the approval of a majority of all Board members present at a meeting, a quorum being present.
(4) Initial meeting The Board shall hold its first meeting not later than 45 days after the date on which all initial Board members have been appointed.
(g) Restriction on confidential information Board members appointed pursuant to subparagraphs (B) and (C) of subsection (c)(1) shall not have access to confidential information received by the Association in connection with complaints, investigations, or disciplinary proceedings involving insurance producers.
(h) Ethics and conflicts of interest The Board shall issue and enforce an ethical conduct code to address permissible and prohibited activities of Board members and Association officers, employees, agents, or consultants. The code shall, at a minimum, include provisions that prohibit any Board member or Association officer, employee, agent or consultant from—
(1) engaging in unethical conduct in the course of performing Association duties;
(2) participating in the making or influencing the making of any Association decision, the outcome of which the Board member, officer, employee, agent, or consultant knows or had reason to know would have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the person or a member of the immediate family of the person;
(3) accepting any gift from any person or entity other than the Association that is given because of the position held by the person in the Association;
(4) making political contributions to any person or entity on behalf of the Association; and
(5) lobbying or paying a person to lobby on behalf of the Association.
(i) Compensation (1) In general Except as provided in paragraph (2), no Board member may receive any compensation from the Association or any other person or entity on account of Board membership.
(2) Travel expenses and per diem Board members may be reimbursed only by the Association for travel expenses, including per diem in lieu of subsistence, at rates consistent with rates authorized for employees of Federal agencies under subchapter I of chapter 57 of title 5, while away from home or regular places of business in performance of services for the Association.
(Pub. L. 106102, title III, § 324, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 20.)
## Notes
Editorial Notes
References in TextSenate Resolution 116 of the 112th Congress, referred to in subsec. (c)(1), which was agreed to June 29, 2011, provided for expedited Senate consideration of certain nominations subject to advice and consent.
Prior ProvisionsProvisions similar to this section were contained in section 6756 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6754, Pub. L. 106102, title III, § 324, Nov. 12, 1999, 113 Stat. 1424, related to relationship to the Federal Government, prior to the general amendment of this subchapter by Pub. L. 1141.
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# 15 U.S.C. § 6755 - Bylaws, standards, and disciplinary actions
## Text
(a) Adoption and amendment of bylaws and standards (1) Procedures The Association shall adopt procedures for the adoption of bylaws and standards that are similar to procedures under subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(2) Copy required to be filed The Board shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, all proposed bylaws and standards of the Association, or any proposed amendment to the bylaws or standards of the Association, accompanied by a concise general statement of the basis and purpose of such proposal.
(3) Effective date Any proposed bylaw or standard of the Association, and any proposed amendment to the bylaws or standards of the Association, shall take effect, after notice under paragraph (2) and opportunity for public comment, on such date as the Association may designate, unless suspended under section 6759(c) of this title.
(4) Rule of construction Nothing in this section shall be construed to subject the Board or the Association to the requirements of subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(b) Disciplinary action by the Association (1) Specification of charges In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed, or to determine whether a member of the Association should be placed on probation (referred to in this section as a “disciplinary action”) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify the member of the charges, give the member an opportunity to defend against the charges, and keep a record.
(2) Supporting statement A determination to take disciplinary action shall be supported by a statement setting forth—
(A) any act or practice in which the member has been found to have been engaged;
(B) the specific provision of this subchapter or standard of the Association that any such act or practice is deemed to violate; and
(C) the sanction imposed and the reason for the sanction.
(3) Ineligibility of private sector representatives Board members appointed pursuant to section 6754(c)(3) of this title may not—
(A) participate in any disciplinary action or be counted toward establishing a quorum during a disciplinary action; and
(B) have access to confidential information concerning any disciplinary action.
(Pub. L. 106102, title III, § 325, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 23.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6758 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6755, Pub. L. 106102, title III, § 325, Nov. 12, 1999, 113 Stat. 1424, related to membership in the Association, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6753 of this title.
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# 15 U.S.C. § 6756 - Powers
## Text
In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the power to—
(1) establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations;
(2) adopt, amend, and repeal bylaws, procedures, or standards governing the conduct of Association business and performance of its duties;
(3) establish procedures for providing notice and opportunity for comment pursuant to section 6755(a) of this title;
(4) enter into and perform such agreements as necessary to carry out the duties of the Association;
(5) hire employees, professionals, or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subchapter, and determine their qualification;
(6) establish personnel policies of the Association and programs relating to, among other things, conflicts of interest, rates of compensation, where applicable, and qualifications of personnel;
(7) borrow money; and
(8) secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate.
(Pub. L. 106102, title III, § 326, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 24.)
## Notes
Editorial Notes
References in TextThe District of Columbia Nonprofit Corporation Act, referred to in text, is Pub. L. 87569, Aug. 6, 1962, 76 Stat. 265, which is not classified to the Code.
Prior ProvisionsA prior section 6756, Pub. L. 106102, title III, § 326, Nov. 12, 1999, 113 Stat. 1426, related to board of directors, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6754 of this title.
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# 15 U.S.C. § 6757 - Report by the Association
## Text
(a) In general As soon as practicable after the close of each fiscal year, the Association shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, a written report regarding the conduct of its business, and the exercise of the other rights and powers granted by this subchapter, during such fiscal year.
(b) Financial statements Each report submitted under subsection (a) with respect to any fiscal year shall include audited financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year.
(Pub. L. 106102, title III, § 327, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 24.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6762(c) of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6757, Pub. L. 106102, title III, § 327, Nov. 12, 1999, 113 Stat. 1427, related to officers of the Association, prior to the general amendment of this subchapter by Pub. L. 1141.
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# 15 U.S.C. § 6758 - Liability of the Association and the Board members, officers, and employees of the Association
## Text
(a) In general The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices.
(b) Liability of Board members, officers, and employees No Board member, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association.
(Pub. L. 106102, title III, § 328, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6761 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6758, Pub. L. 106102, title III, § 328, Nov. 12, 1999, 113 Stat. 1427, related to bylaws, rules, and disciplinary action, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6755 of this title.
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jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 15
title_name: "COMMERCE AND TRADE"
chapter_number: "93"
chapter_name: "INSURANCE"
section: "6759"
citation: "15 U.S.C. § 6759"
status: "current"
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release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 15 U.S.C. § 6759 - Presidential oversight
## Text
(a) Removal of Board If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subchapter or has failed to perform its duties under this subchapter, the President may remove the entire existing Board for the remainder of the term to which the Board members were appointed and appoint, in accordance with section 6754 of this title and with the advice and consent of the Senate, in accordance with the procedures established under Senate Resolution 116 of the 112th Congress, new Board members to fill the vacancies on the Board for the remainder of the terms.
(b) Removal of Board member The President may remove a Board member only for neglect of duty or malfeasance in office.
(c) Suspension of bylaws and standards and prohibition of actions Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any bylaw or standard, or prohibit any action, of the Association that the President or the designee determines is contrary to the purposes of this subchapter.
(Pub. L. 106102, title III, § 329, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.)
## Notes
Editorial Notes
References in TextSenate Resolution 116 of the 112th Congress, referred to in subsec. (a), which was agreed to June 29, 2011, provided for expedited Senate consideration of certain nominations subject to advice and consent.
Prior ProvisionsProvisions similar to this section were contained in section 6762(b)(2)(C) of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6759, Pub. L. 106102, title III, § 329, Nov. 12, 1999, 113 Stat. 1430, related to assessments, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6756(1) of this title.
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---
# 15 U.S.C. § 6760 - Relationship to State law
## Text
(a) Preemption of State laws State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted to the extent provided in subsection (b).
(b) Prohibited actions (1) In general No State shall—
(A) impede the activities of, take any action against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association;
(B) impose any requirement upon a member of the Association that it pay fees different from those required to be paid to that State were it not a member of the Association; or
(C) impose any continuing education requirements on any nonresident insurance producer that is a member of the Association.
(2) States other than a home State No State, other than the home State of a member of the Association, shall—
(A) impose any licensing, personal or corporate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership;
(B) impose any requirement upon a member of the Association that it be licensed, registered, or otherwise qualified to do business or remain in good standing in the State, including any requirement that the insurance producer register as a foreign company with the secretary of state or equivalent State official;
(C) require that a member of the Association submit to a criminal history record check as a condition of doing business in the State; or
(D) impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, solicit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if the member is licensed or otherwise authorized to operate in the State where the insured maintains its principal place of business and the contract of insurance insures risks located in that State.
(3) Preservation of State disciplinary authority Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including suspension or revocation of authority of an insurance producer to do business in a State, in accordance with State law and that is not inconsistent with the provisions of this section, against a member of the Association as a result of a complaint or for any alleged activity, regardless of whether the activity occurred before or after the insurance producer commenced doing business in the State pursuant to Association membership.
(Pub. L. 106102, title III, § 330, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6763 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6760, Pub. L. 106102, title III, § 330, Nov. 12, 1999, 113 Stat. 1430, related to functions of the NAIC, prior to the general amendment of this subchapter by Pub. L. 1141.
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title: "15 U.S.C. § 6761"
description: "Coordination with Financial Industry Regulatory Authority"
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title_number: 15
title_name: "COMMERCE AND TRADE"
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section: "6761"
citation: "15 U.S.C. § 6761"
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---
# 15 U.S.C. § 6761 - Coordination with Financial Industry Regulatory Authority
## Text
The Association shall coordinate with the Financial Industry Regulatory Authority in order to ease any administrative burdens that fall on members of the Association that are subject to regulation by the Financial Industry Regulatory Authority, consistent with the requirements of this subchapter and the Federal securities laws.
(Pub. L. 106102, title III, § 331, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6764(b) of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6761, Pub. L. 106102, title III, § 331, Nov. 12, 1999, 113 Stat. 1430, related to liability of the Association and the directors, officers, and employees of the Association, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6758 of this title.
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title_name: "COMMERCE AND TRADE"
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---
# 15 U.S.C. § 6762 - Right of action
## Text
(a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably exhausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and obtain all appropriate relief.
(b) Association interpretations In any action under subsection (a), the court shall give appropriate weight to the interpretation of the Association of its bylaws and standards and this subchapter.
(Pub. L. 106102, title III, § 332, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6765 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6762, Pub. L. 106102, title III, § 332, Nov. 12, 1999, 113 Stat. 1431, related to elimination of NAIC oversight, prior to the general amendment of this subchapter by Pub. L. 1141. See sections 6757 and 6759 of this title.
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# 15 U.S.C. § 6763 - Federal funding prohibited
## Text
The Association may not receive, accept, or borrow any amounts from the Federal Government to pay for, or reimburse,11 So in original. The comma probably should not appear. the Association for, the costs of establishing or operating the Association.
(Pub. L. 106102, title III, § 333, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 6763, Pub. L. 106102, title III, § 333, Nov. 12, 1999, 113 Stat. 1432, related to relationship to State law, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6760 of this title.
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# 15 U.S.C. § 6764 - Definitions
## Text
For purposes of this subchapter, the following definitions shall apply:
(1) Business entity The term “business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(2) Depository institution The term “depository institution” has the meaning as in section 1813 of title 12.
(3) Home State The term “home State” means the State in which the insurance producer maintains its principal place of residence or business and is licensed to act as an insurance producer.
(4) Insurance The term “insurance” means any product, other than title insurance or bail bonds, defined or regulated as insurance by the appropriate State insurance regulatory authority.
(5) Insurance producer The term “insurance producer” means any insurance agent or broker, excess or surplus lines broker or agent, insurance consultant, limited insurance representative, and any other individual or entity that sells, solicits, or negotiates policies of insurance or offers advice, counsel, opinions or services related to insurance.
(6) Insurer The term “insurer” has the meaning as in section 313(e)(2)(B) of title 31.
(7) Principal place of business The term “principal place of business” means the State in which an insurance producer maintains the headquarters of the insurance producer and, in the case of a business entity, where high-level officers of the entity direct, control, and coordinate the business activities of the business entity.
(8) Principal place of residence The term “principal place of residence” means the State in which an insurance producer resides for the greatest number of days during a calendar year.
(9) State The term “State” includes any State, the District of Columbia, any territory of the United States, and Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.
(10) State law (A) In general The term “State law” includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State.
(B) Laws applicable in the District of Columbia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States.
(Pub. L. 106102, title III, § 334, as added Pub. L. 1141, title II, § 202(a), Jan. 12, 2015, 129 Stat. 27.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 6766 of this title, prior to the general amendment of this subchapter by Pub. L. 1141. A prior section 6764, Pub. L. 106102, title III, § 334, Nov. 12, 1999, 113 Stat. 1433, related to coordination with other regulators, prior to the general amendment of this subchapter by Pub. L. 1141. See section 6761 of this title. A prior section 6765, Pub. L. 106102, title III, § 335, Nov. 12, 1999, 113 Stat. 1433, which related to judicial review, was omitted in the general amendment of this subchapter by Pub. L. 1141. See section 6762 of this title. A prior section 6766, Pub. L. 106102, title III, § 336, Nov. 12, 1999, 113 Stat. 1433, which related to definitions, was omitted in the general amendment of this subchapter by Pub. L. 1141.
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# 15 U.S.C. § 6781 - Standard of regulation for motor vehicle rentals
## Text
(a) Protection against retroactive application of regulatory and legal action Except as provided in subsection (b), during the 3-year period beginning on November 12, 1999, it shall be a presumption that no State law imposes any licensing, appointment, or education requirements on any person who solicits the purchase of or sells insurance connected with, and incidental to, the lease or rental of a motor vehicle.
(b) Preeminence of State insurance law No provision of this section shall be construed as altering the validity, interpretation, construction, or effect of—
(1) any State statute;
(2) the prospective application of any court judgment interpreting or applying any State statute; or
(3) the prospective application of any final State regulation, order, bulletin, or other statutorily authorized interpretation or action,
which, by its specific terms, expressly regulates or exempts from regulation any person who solicits the purchase of or sells insurance connected with, and incidental to, the short-term lease or rental of a motor vehicle.
(c) Scope of application This section shall apply with respect to—
(1) the lease or rental of a motor vehicle for a total period of 90 consecutive days or less; and
(2) insurance which is provided in connection with, and incidentally to, such lease or rental for a period of consecutive days not exceeding the lease or rental period.
(d) Motor vehicle defined For purposes of this section, the term “motor vehicle” has the same meaning as in section 13102 of title 49.
(Pub. L. 106102, title III, § 341, Nov. 12, 1999, 113 Stat. 1434.)