§ 6763. — Relationship to State law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6763]
TITLE 15--COMMERCE AND TRADE
CHAPTER 93--INSURANCE
SUBCHAPTER III--NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS
Sec. 6763. Relationship to State law
(a) Preemption of State laws
State laws, regulations, provisions, or other actions purporting to
regulate insurance producers shall be preempted as provided in
subsection (b) of this section.
(b) Prohibited actions
No State shall--
(1) impede the activities of, take any action against, or apply
any provision of law or regulation 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;
(2) impose any requirement upon a member of the Association that
it pay different fees to be licensed or otherwise qualified to do
business in that State, including bonding requirements, based on its
residency;
(3) impose any licensing, appointment, integrity, personal or
corporate qualifications, education, training, experience,
residency, or continuing education requirement upon a member of the
Association that is different from the criteria for membership in
the Association or renewal of such membership, except that
countersignature requirements imposed on nonresident producers shall
not be deemed to have the effect of limiting or conditioning a
producer's activities because of its residence or place of
operations under this section; or
(4) implement the procedures of such State's system of licensing
or renewing the licenses of insurance producers in a manner
different from the authority of the Association under section 6755
of this title.
(c) Savings provision
Except as provided in subsections (a) and (b) of this section, no
provision of this section shall be construed as altering or affecting
the continuing effectiveness of any law, regulation, provision, or other
action of any State which purports to regulate insurance producers,
including any such law, regulation, provision, or action which purports
to regulate unfair trade practices or establish consumer protections,
including countersignature laws.
(Pub. L. 106-102, title III, Sec. 333, Nov. 12, 1999, 113 Stat. 1432.)
Section Referred to in Other Sections
This section is referred to in section 6764 of this title.
