---
kind: "section"
citation: "15 U.S.C. § 6753"
title: "15"
title_heading: "Commerce and Trade"
number: "6753"
heading: "Membership"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6753"
units:
  - "Chapter 93 — Insurance"
  - "Subchapter III — National Association of Registered Agents and Brokers"
---

# §6753. Membership

- (a) **Eligibility—**
  - (1) **In general—** Any [insurance producer](/usc/15/6764.md?p=5) licensed in its [home State](/usc/15/6764.md?p=3) shall, subject to paragraphs [(2)](#a-2) and [(4)](#a-4), be eligible to become a member of the Association.
  - (2) **Ineligibility for suspension or revocation of license—** Subject to [paragraph (3)](#a-3), an [insurance producer](/usc/15/6764.md?p=5) is not eligible to become a member of the Association if a [State insurance regulator](/usc/15/6735.md?p=12) has suspended or revoked the [insurance](/usc/15/6764.md?p=4) license of the [insurance producer](/usc/15/6764.md?p=5) in that [State](/usc/15/6764.md?p=9).
  - (3) **Resumption of eligibility—** [Paragraph (2)](#a-2) shall cease to apply to any [insurance producer](/usc/15/6764.md?p=5) if—
    - (A) the [State insurance regulator](/usc/15/6735.md?p=12) reissues or renews the license of the [insurance producer](/usc/15/6764.md?p=5) in the [State](/usc/15/6764.md?p=9) 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](/usc/15/6735.md?p=1).
  - (4) **Criminal history record check required—**
    - (A) **In general—** An [insurance producer](/usc/15/6764.md?p=5) who is an individual shall not be eligible to become a member of the Association unless the [insurance producer](/usc/15/6764.md?p=5) has undergone a criminal history record check that complies with regulations prescribed by the Attorney General of the United States under [subparagraph (K)](#a-4-K).
    - (B) **Criminal history record check requested by home State—** An [insurance producer](/usc/15/6764.md?p=5) who is licensed in a [State](/usc/15/6764.md?p=9) 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](/usc/15/6764.md?p=9), shall be deemed to have undergone a criminal history record check for purposes of [subparagraph (A)](#a-4-A).
    - (C) **Criminal history record check requested by Association—**
      - (i) **In general—** The Association shall, upon request by an [insurance producer](/usc/15/6764.md?p=5) licensed in a [State](/usc/15/6764.md?p=9), submit fingerprints or other identification information obtained from the [insurance producer](/usc/15/6764.md?p=5), and a request for a criminal history record check of the [insurance producer](/usc/15/6764.md?p=5), 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)](#a-4-I).
    - (D) **Form of request—** A submission under [subparagraph (C)(i)](#a-4-C-i) shall include such fingerprints or other identification information as is required by the Attorney General concerning the [person](/usc/15/6735.md?p=7) about whom the criminal history record check is requested, and a statement signed by the [person](/usc/15/6735.md?p=7) 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)](#a-4-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)](#a-4-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)](#a-4-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](/usc/15/6735.md?p=12), or Federal or [State law](/usc/15/6735.md?p=13) enforcement agencies, in conformance with applicable law; or
      - (iii) be disclosed, upon request, to the [insurance producer](/usc/15/6764.md?p=5) to whom the criminal history record information relates.
    - (G) **Penalty for improper use or disclosure—** Whoever knowingly uses any information provided under [subparagraph (E)](#a-4-E) for a purpose not authorized in [subparagraph (F)](#a-4-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](/usc/15/6735.md?p=1).
    - (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)](#a-4-E) as permitted under [subparagraph (F)](#a-4-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)](#a-4-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](/usc/15/6735.md?p=12) 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)](#a-4-E); and
      - (ii) procedures providing a reasonable opportunity for an [insurance producer](/usc/15/6764.md?p=5) to contest the accuracy of information regarding the [insurance producer](/usc/15/6764.md?p=5) provided under [subparagraph (E)](#a-4-E).
    - (L) **Ineligibility for membership—**
      - (i) **In general—** The Association may, under reasonably consistently applied standards, deny membership to an [insurance producer](/usc/15/6764.md?p=5) on the basis of criminal history record information provided under [subparagraph (E)](#a-4-E), or where the [insurance producer](/usc/15/6764.md?p=5) has been subject to disciplinary action, as described in [paragraph (2)](#a-2).
      - (ii) **Rights of applicants denied membership—** The Association shall notify any [insurance producer](/usc/15/6764.md?p=5) who is denied membership on the basis of criminal history record information provided under [subparagraph (E)](#a-4-E) of the right of the [insurance producer](/usc/15/6764.md?p=5) to—
        - (I) obtain a copy of all criminal history record information provided to the Association under [subparagraph (E)](#a-4-E) with respect to the [insurance producer](/usc/15/6764.md?p=5); 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](/usc/15/6764.md?p=1). A [business entity](/usc/15/6764.md?p=1) that applies for membership shall be required to designate an individual Association member responsible for the compliance of the [business entity](/usc/15/6764.md?p=1) with Association standards and the [insurance](/usc/15/6764.md?p=4) laws, standards, and regulations of any [State](/usc/15/6764.md?p=9) in which the [business entity](/usc/15/6764.md?p=1) 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](/usc/15/6764.md?p=5) and for other [persons](/usc/15/6735.md?p=7) or entities within each class, based on the types of licensing categories that exist under [State laws](/usc/15/6735.md?p=13).
    - (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](/usc/15/6764.md?p=2) or for employees, agents, or affiliates of [depository institutions](/usc/15/6764.md?p=2).
- (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](/usc/15/6764.md?p=5) to become a member of the Association, including imposing discriminatory membership fees.
  - (2) **Qualifications—** In establishing criteria under [paragraph (1)](#d-1), the Association shall not adopt any qualification less protective to the public than that contained in the National Association of [Insurance](/usc/15/6764.md?p=4) 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](/usc/15/6764.md?p=5) qualifications established under the licensing laws of the [States](/usc/15/6764.md?p=9).
  - (3) **Assistance from States—**
    - (A) **In general—** The Association may request a [State](/usc/15/6764.md?p=9) 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)](#a-4-C-i) made by an [insurance producer](/usc/15/6764.md?p=5) licensed in a [State](/usc/15/6764.md?p=9) shall include a statement signed by the [person](/usc/15/6735.md?p=7) about whom the assistance is requested authorizing—
      - (i) the [State](/usc/15/6764.md?p=9) to share information with the Association; and
      - (ii) the Association to receive the information.
    - (C) **Rule of construction—** [Subparagraph (A)](#d-3-A) shall not be construed as requiring or authorizing any [State](/usc/15/6764.md?p=9) to adopt new or additional requirements concerning the licensing or evaluation of [insurance producers](/usc/15/6764.md?p=5).
  - (4) **Denial of membership—** The Association may, based on reasonably consistently applied standards, deny membership to any [State](/usc/15/6764.md?p=9)-licensed [insurance producer](/usc/15/6764.md?p=5) 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](/usc/15/6764.md?p=5) to sell, solicit, or negotiate [insurance](/usc/15/6764.md?p=4) in any [State](/usc/15/6764.md?p=9) for which the member pays the licensing fee set by the [State](/usc/15/6764.md?p=9) for any line or lines of [insurance](/usc/15/6764.md?p=4) specified in the [home State](/usc/15/6764.md?p=3) license of the [insurance producer](/usc/15/6764.md?p=5), 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](/usc/15/6764.md?p=9), risk management, employee benefits advice, retirement planning, and any other [insurance](/usc/15/6764.md?p=4)-related consulting activities;
    - (B) be the equivalent of a nonresident [insurance producer](/usc/15/6764.md?p=5) license for purposes of authorizing the [insurance producer](/usc/15/6764.md?p=5) to engage in the activities described in [subparagraph (A)](#e-1-A) in any [State](/usc/15/6764.md?p=9) where the member pays the licensing fee; and
    - (C) be the equivalent of a nonresident [insurance producer](/usc/15/6764.md?p=5) license for the purpose of subjecting an [insurance producer](/usc/15/6764.md?p=5) to all laws, regulations, provisions or other action of any [State](/usc/15/6764.md?p=9) 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](/usc/15/6735.md?p=13), regulations, provisions, and actions preserved under [paragraph (5)](#e-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](/usc/18/1033.md).
  - (3) **Agent for remitting fees—** The Association shall act as an agent for any member for purposes of remitting licensing fees to any [State](/usc/15/6764.md?p=9) pursuant to [paragraph (1)](#e-1).
  - (4) **Notification of action—**
    - (A) **In general—** The Association shall notify the [States](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)) and the NAIC when an [insurance producer](/usc/15/6764.md?p=5) has satisfied the membership criteria of this section. The [States](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)) shall have 10 business days after the date of the notification in order to provide the Association with evidence that the [insurance producer](/usc/15/6764.md?p=5) 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](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)) and the NAIC a list of the [States](/usc/15/6764.md?p=9) in which each member is authorized to operate. The Association shall immediately notify the [States](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)) and the NAIC when a member is newly authorized to operate in one or more [States](/usc/15/6764.md?p=9), or is no longer authorized to operate in one or more [States](/usc/15/6764.md?p=9) 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](/usc/15/6764.md?p=9), including those described in [subparagraph (B)](#e-5-B), to the extent that the [State law](/usc/15/6735.md?p=13), regulation, provision, or other action is not inconsistent with the provisions of this subchapter related to market entry for nonresident [insurance producers](/usc/15/6764.md?p=5), and then only to the extent of the inconsistency.
    - (B) **Preserved regulations—** The laws, regulations, provisions, or other actions of any [State](/usc/15/6764.md?p=9) referred to in [subparagraph (A)](#e-5-A) include laws, regulations, provisions, or other actions that—
      - (i) regulate market conduct, [insurance producer](/usc/15/6764.md?p=5) conduct, or unfair trade practices;
      - (ii) establish consumer protections; or
      - (iii) require [insurance producers](/usc/15/6764.md?p=5) to be appointed by a licensed or authorized [insurer](/usc/15/6764.md?p=6).
- (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](/usc/15/6764.md?p=9).
  - (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](/usc/15/6764.md?p=9) other than the [home State](/usc/15/6764.md?p=3) 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](/usc/15/6764.md?p=3) 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](/usc/15/6764.md?p=5).
- (h) **Probation, suspension and revocation—**
  - (1) **Disciplinary action—** The Association may place an [insurance producer](/usc/15/6764.md?p=5) that is a member of the Association on probation or suspend or revoke the membership of the [insurance producer](/usc/15/6764.md?p=5) in the Association, or assess monetary fines or penalties, as the Association determines to be appropriate, if—
    - (A) the [insurance producer](/usc/15/6764.md?p=5) fails to meet the applicable membership criteria or other standards established by the Association;
    - (B) the [insurance producer](/usc/15/6764.md?p=5) has been subject to disciplinary action pursuant to a final adjudicatory proceeding under the jurisdiction of a [State insurance regulator](/usc/15/6735.md?p=12);
    - (C) an [insurance](/usc/15/6764.md?p=4) license held by the [insurance producer](/usc/15/6764.md?p=5) has been suspended or revoked by a [State insurance regulator](/usc/15/6735.md?p=12); or
    - (D) the [insurance producer](/usc/15/6764.md?p=5) has been convicted of a crime that would have resulted in the denial of membership pursuant to [subsection (a)(4)(L)(i)](#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](/usc/15/6735.md?p=1).
  - (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](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)) and the NAIC when the membership of an [insurance producer](/usc/15/6764.md?p=5) 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](/usc/15/6764.md?p=9) [insurance](/usc/15/6764.md?p=4) laws to the [State insurance regulator](/usc/15/6735.md?p=12) where the consumer resides and, when appropriate, to any additional [State insurance regulator](/usc/15/6735.md?p=12), as determined by standards adopted by the Association; and
    - (B) make any related records and information available to each [State insurance regulator](/usc/15/6735.md?p=12) 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](/usc/15/6735.md?p=12) shall provide the Association with information regarding the final disposition of a complaint referred pursuant to [paragraph (1)(A)](#i-1-A), but nothing shall be construed to compel a [State](/usc/15/6764.md?p=9) to release confidential investigation reports or other information protected by [State law](/usc/15/6735.md?p=13) to the Association.
- (j) **Information sharing—** The Association may—
  - (1) share documents, materials, or other information, including confidential and privileged documents, with a [State](/usc/15/6764.md?p=9), Federal, or international governmental entity or with the NAIC or other appropriate entity referred to[^1] paragraphs [(3)](#j-3) and [(4)](#j-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](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)), through which members of the Association may disclose their intent to operate in 1 or more [States](/usc/15/6764.md?p=9) and pay the licensing fees to the appropriate [States](/usc/15/6764.md?p=9); 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](/usc/15/6764.md?p=9) (including [State insurance regulators](/usc/15/6735.md?p=12)) for the collection of regulatory information concerning the activities of [insurance producers](/usc/15/6764.md?p=5).
- (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.

## Footnotes

[^1]: So in original. Probably should be followed by “in”.

## Source credit

(Pub. L. 106–102, title III, § 323, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 13.)

## Notes

### Editorial Notes

### References in Text

The Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (e)(2), is Pub. L. 103–322, 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 Provisions

Provisions similar to this section were contained in section 6755 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.

A prior section 6753, Pub. L. 106–102, 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. 114–1. See section 6752 of this title.