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15 U.S.C. § 8201 — Reporting, payment, and allocation of premium taxes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Home State’s exclusive authority** No State other than the home State of an insured may require any premium tax payment for nonadmitted insurance.
**(b) Allocation of nonadmitted premium taxes**
(1) **In general** — The States may enter into a compact or otherwise establish procedures to allocate among the States the premium taxes paid to an insured’s home State described in subsection (a).
(2) **Effective date** — Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures—
(A) if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any premium taxes that, on or after July 21, 2010, are required to be paid to any State that is subject to such compact or procedures; and
(B) if adopted after the expiration of such 330-day period, shall apply to any premium taxes that, on or after January 1 of the first calendar year that begins after the expiration of such 330-day period, are required to be paid to any State that is subject to such compact or procedures.
(3) **Report** — Upon the expiration of the 330-day period referred to in paragraph (2), the NAIC may submit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate identifying and describing any compact or other procedures for allocation among the States of premium taxes that have been adopted during such period by any States.
(4) **Nationwide system** — The Congress intends that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of premium taxes for nonad
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Stable record: federal_law:legal_authorities:record_usc_4b645c16ae68aff2f4df69e1
Source file: Laws/federal/codes/united-states-code/title-15/section-8201-reporting-payment-and-allocation-of-premium-taxes--f2d494856c.md
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Source location: Title 15, Chapter 108, § 8201; chapter-108-state-based-insurance-reform.md
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**(a) Home State’s exclusive authority** No State other than the home State of an insured may require any premium tax payment for nonadmitted insurance.
**(b) Allocation of nonadmitted premium taxes**
(1) **In general** — The States may enter into a compact or otherwise establish procedures to allocate among the States the premium taxes paid to an insured’s home State described in subsection (a).
(2) **Effective date** — Except as expressly otherwise provided in such compact or other procedures, any such compact or other procedures—
(A) if adopted on or before the expiration of the 330-day period that begins on July 21, 2010, shall apply to any premium taxes that, on or after July 21, 2010, are required to be paid to any State that is subject to such compact or procedures; and
(B) if adopted after the expiration of such 330-day period, shall apply to any premium taxes that, on or after January 1 of the first calendar year that begins after the expiration of such 330-day period, are required to be paid to any State that is subject to such compact or procedures.
(3) **Report** — Upon the expiration of the 330-day period referred to in paragraph (2), the NAIC may submit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate identifying and describing any compact or other procedures for allocation among the States of premium taxes that have been adopted during such period by any States.
(4) **Nationwide system** — The Congress intends that each State adopt nationwide uniform requirements, forms, and procedures, such as an interstate compact, that provide for the reporting, payment, collection, and allocation of premium taxes for nonadmitted insurance consistent with this section.
**(c) Allocation based on tax allocation report** To facilitate the payment of premium taxes among the States, an insured’s home State may require surplus lines brokers and insureds who have independently procured insurance to annually file tax allocation reports with the insured’s home State detailing the portion of the nonadmitted insurance policy premium or premiums attributable to properties, risks, or exposures located in each State. The filing of a nonadmitted insurance tax allocation report and the payment of tax may be made by a person authorized by the insured to act as its agent.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Home State authority** Except as otherwise provided in this section, the placement of nonadmitted insurance shall be subject to the statutory and regulatory requirements solely of the insured’s home State.
**(b) Broker licensing** No State other than an insured’s home State may require a surplus lines broker to be licensed in order to sell, solicit, or negotiate nonadmitted insurance with respect to such insured.
**(c) Enforcement provision** With respect to [section 8201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8201&num=0&edition=prelim) and subsections (a) and (b) of this section, any law, regulation, provision, or action of any State that applies or purports to apply to nonadmitted insurance sold to, solicited by, or negotiated with an insured whose home State is another State shall be preempted with respect to such application.
**(d) Workers’ compensation exception** This section may not be construed to preempt any State law, rule, or regulation that restricts the placement of workers’ compensation insurance or excess insurance for self-funded workers’ compensation plans with a nonadmitted insurer.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 8202
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter or the amendments made by this subtitle 11 See References in Text note below. shall be construed to modify, impair, or supersede the application of the antitrust laws. Any implied or actual conflict between this chapter and any amendments to this chapter and the antitrust laws shall be resolved in favor of the operation of the antitrust laws.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 8231
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established within the Department of the Treasury the Federal Insurance Office.
**(b) Leadership.—** The Office shall be headed by a Director, who shall be appointed by the Secretary of the Treasury. The position of Director shall be a career reserved position in the Senior Executive Service, as that position is defined under [section 3132 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132&num=0&edition=prelim), United States Code.
**(c) Functions.—**
(1) **Authority pursuant to direction of secretary.—** — The Office, pursuant to the direction of the Secretary, shall have the authority—
(A) to monitor all aspects of the insurance industry, including identifying issues or gaps in the regulation of insurers that could contribute to a systemic crisis in the insurance industry or the United States financial system;
(B) to monitor the extent to which traditionally underserved communities and consumers, minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ([12 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1811&num=0&edition=prelim) note)), and low- and moderate-income persons have access to affordable insurance products regarding all lines of insurance, except health insurance;
(C) to recommend to the Financial Stability Oversight Council that it designate an insurer, including the affiliates of such insurer, as an entity subject to regulation as a nonbank financial company supervised by the Board of Governors pursuant to title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act;
(D) to assist the Secretary in administering the Terrorism Insurance Progra
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Federal law — U.S. Code and appendices · legal_authorities
Page 2405
TITLE 15—COMMERCE AND TRADE
§ 8201
name is the copyright owner or licensee of the
work, the person intends to sell the domain
name in conjunction with the lawful exploi-
tation of the work, and such registration is
not prohibited by a contract between the reg-
istrant and the named person. The exception
under this subparagraph shall apply only to a
civil action brought under paragraph (1) and
shall in no manner limit the protections af-
forded under the Trademark Act of 1946 (15
U.S.C. 1051 et seq.) or other provision of Fed-
eral or State law.
(2) Remedies
In any civil action brought under paragraph
(1), a court may award injunctive relief, includ-
ing the forfeiture or cancellation of the domain
name or the transfer of the domain name to the
plaintiff. The court may also, in its discretion,
award costs and attorneys fees to the prevailing
party.
(3) Definition
In this section, the term ‘‘domain name’’ has
the meaning given that term in section 45 of the
Trademark Act of 1946 (15 U.S.C. 1127).
(4) Effective date
This section shall apply to domain names reg-
istered on or after November 29, 1999.
(Pub. L. 106–113, div. B, § 1000(a)(9) [title III,
§ 3002(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548.)
Editorial Notes
REFERENCES IN TEXT
The Trademark Act of 1946, referred to in par. (1)(B),
is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly
known as the Lanham Act, which is classified generally
to chapter 22 (§ 1051 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 1051 of this title and Tables.
CODIFICATION
Section was formerly classified to section 1129 of this
title.
Section
was
enacted
as
part
of
the
Anticybersquatting Consumer Protection Act
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 8201
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