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15 U.S.C. § 6761 — Relationship to State law
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_bf48b7b3eaf2a9107deb26e2
Source file: Laws/federal/codes/united-states-code/title-15/section-6761-relationship-to-state-law--d598b6a32b.md
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Source location: Title 15, Chapter 93, § 6761; chapter-093-insurance.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6763
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6759
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section313/e/2/B&num=0&edition=prelim).
(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**
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 6781
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Federal law — U.S. Code and appendices · legal_authorities
Page 2288
TITLE 15—COMMERCE AND TRADE
§ 6761
1 So in original. The comma probably should not appear.
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 6763 of this title, prior to the general amend-
ment of this subchapter by Pub. L. 114–1.
A prior section 6760, Pub. L. 106–102, title III, § 330,
Nov. 12, 1999, 113 Stat. 1430, related to functions of the
NAIC, prior to the general amendment of this sub-
chapter by Pub. L. 114–1.
§ 6761. Coordination with Financial Industry
Regulatory Authority
The Association shall coordinate with the Fi-
nancial 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. 106–102, title III, § 331, as added Pub. L.
114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 26.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 6764(b) of this title, prior to the general amend-
ment of this subchapter by Pub. L. 114–1.
A prior section 6761, Pub. L. 106–102, 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. 114–1. See section 6758 of this
title.
§ 6762. Right of action
(a) Right of action
Any person aggrieved by a decision or action
of the Association may, after reasonably ex-
hausting available avenues for resolution within
the Association, commence a civil action in an
appropriate United States district court, and ob-
tain all appropriate reli
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 6761
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