15 U.S.C. § 8201 — Reporting, payment, and allocation of pre-

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, and not as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which comprises this chapter. CHAPTER 108—STATE-BASED INSURANCE REFORM SUBCHAPTER I—NONADMITTED INSURANCE Sec. 8201. Reporting, payment, and allocation of pre- mium taxes. 8202. Regulation of nonadmitted insurance by in- sured’s home State. 8203. Participation in national producer database. 8204. Uniform standards for surplus lines eligi- bility. 8205. Streamlined application for commercial pur- chasers. 8206. Definitions. SUBCHAPTER II—REINSURANCE 8221. Regulation of credit for reinsurance and rein- surance agreements. 8222. Regulation of reinsurer solvency. 8223. Definitions. SUBCHAPTER III—RULE OF CONSTRUCTION 8231. Rule of construction. 8232. Severability. SUBCHAPTER I—NONADMITTED INSURANCE § 8201. Reporting, payment, and allocation of pre- mium taxes (a) Home State’s exclusive authority No State other than the home State of an in- sured 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 oth- erwise establish procedures to allocate among the States the premium taxes paid to an in- sured’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 expira- tion 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 re- ferred to in paragraph (2), the NAIC may sub- mit a report to the Committee on Financial Services and the Committee on the Judiciary of the House of Representatives and the Com- mittee on Banking, Housing, and Urban Af- fairs of the Senate identifying and describing any compact or other procedures for alloca- tion 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, col- lection, 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 annu- ally file tax allocation reports with the in- sured’s home State detailing the portion of the nonadmitted insurance policy premium or pre- miums attributable to properties, risks, or expo- sures located in each State. The filing of a non- admitted insurance tax allocation report and the payment of tax may be made by a person au- thorized by the insured to act as its agent. (Pub. L. 111–203, title V, § 521, July 21, 2010, 124 Stat. 1589.) Page 2406 TITLE 15—COMMERCE AND TRADE § 8202 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 111–203, title V, § 512, July 21, 2010, 124 Stat. 1589, provided that: ‘‘Except as otherwise specifically provided in this subtitle [see Short Title note below], this subtitle shall take effect upon the expiration of the 12-month period beginning on the date of the enact- ment of this subtitle [July 21, 2010].’’ SHORT TITLE Pub. L. 111–203, title V, § 511, July 21, 2010, 124 Stat. 1589, provided that: ‘‘This subtitle [subtitle B (§§ 511–542) of title V of Pub. L. 111–203, enacting this chapter and provisions set out as a note under this sec- tion] may be cited as the ‘Nonadmitted and Reinsur- ance Reform Act of 2010’.’’ § 8202. Regulation of nonadmitted insurance by insured’s home State (a) Home State authority Except as otherwise provided in this section, the placement of nonadmitted insurance shall be subject to the statutory and regulatory require- ments 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 non- admitted insurance with respect to such in- sured. (c) Enforcement provision With respect to section 8201 of this title 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 insur- ance or excess insurance for self-funded workers’ compensation plans with a nonadmitted insurer. (Pub. L. 111–203, title V, § 522, July 21, 2010, 124 Stat. 1590.) § 8203. Participation in national producer data- base After the expiration of the 2-year period begin- ning on July 21, 2010, a State may not collect any fees relating to licensing of an individual or entity as a surplus lines broker in the State un- less the State has in effect at such time laws or regulations that provide for participation by the State in the national insurance producer data- base of the NAIC, or any other equivalent uni- form national database, for the licensure of sur- plus lines brokers and the renewal of such li- censes. (Pub. L. 111–203, title V, § 523, July 21, 2010, 124 Stat. 1590.) § 8204. Uniform standards for surplus lines eligi- bility A State may not— (1) impose eligibility requirements on, or otherwise establish eligibility criteria for, nonadmitted insurers domiciled in a United States jurisdiction, except in conformance with such requirements and criteria in sec- tions 5A(2) and 5C(2)(a) of the Non-Admitted Insurance Model Act, unless the State has adopted nationwide uniform requirements, forms, and procedures developed in accordance with section 8201(b) of this title that include alternative nationwide uniform eligibility re- quirements; or (2) prohibit a surplus lines broker from plac- ing nonadmitted insurance with, or procuring nonadmitted insurance from, a nonadmitted insurer domiciled outside the United States that is listed on the Quarterly Listing of Alien Insurers maintained by the International In- surers Department of the NAIC. (Pub. L. 111–203, title V, § 524, July 21, 2010, 124 Stat. 1590.) § 8205. Streamlined application for commercial purchasers A surplus lines broker seeking to procure or place nonadmitted insurance in a State for an exempt commercial purchaser shall not be re- quired to satisfy any State requirement to make a due diligence search to determine whether the full amount or type of insurance sought by such exempt commercial purchaser can be obtained from admitted insurers if— (1) the broker procuring or placing the sur- plus lines insurance has disclosed to the ex- empt commercial purchaser that such insur- ance may or may not be available from the ad- mitted market that may provide greater pro- tection with more regulatory oversight; and (2) the exempt commercial purchaser has subsequently requested in writing the broker to procure or place such insurance from a non- admitted insurer. (Pub. L. 111–203, title V, § 525, July 21, 2010, 124 Stat. 1591.) § 8206. Definitions For purposes of this subchapter, the following definitions shall apply: (1) Admitted insurer The term ‘‘admitted insurer’’ means, with respect to a State, an insurer licensed to en- gage in the business of insurance in such State. (2) Affiliate The term ‘‘affiliate’’ means, with respect to an insured, any entity that controls, is con- trolled by, or is under common control with the insured. (3) Affiliated group The term ‘‘affiliated group’’ means any group of entities that are all affiliated. (4) Control An entity has ‘‘control’’ over another entity if— (A) the entity directly or indirectly or act- ing through 1 or more other persons owns, controls, or has the power to vote 25 percent