---
kind: "section"
citation: "15 U.S.C. § 6760"
title: "15"
title_heading: "Commerce and Trade"
number: "6760"
heading: "Relationship to State law"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/6760"
units:
  - "Chapter 93 — Insurance"
  - "Subchapter III — National Association of Registered Agents and Brokers"
---

# §6760. Relationship to State law

- (a) **Preemption of State laws—** [State laws](/usc/15/6735.md?p=13), regulations, provisions, or other actions purporting to regulate [insurance producers](/usc/15/6764.md?p=5) shall be preempted to the extent provided in [subsection (b)](#b).
- (b) **Prohibited actions—**
  - (1) **In general—** No [State](/usc/15/6764.md?p=9) 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](/usc/15/6764.md?p=5) because that [insurance producer](/usc/15/6764.md?p=5) 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](/usc/15/6764.md?p=9) were it not a member of the Association; or
    - (C) impose any continuing education requirements on any nonresident [insurance producer](/usc/15/6764.md?p=5) that is a member of the Association.
  - (2) **States other than a home State—** No [State](/usc/15/6764.md?p=9), other than the [home State](/usc/15/6764.md?p=3) 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](/usc/15/6764.md?p=9), including any requirement that the [insurance producer](/usc/15/6764.md?p=5) register as a foreign company with the secretary of state or equivalent [State](/usc/15/6764.md?p=9) 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](/usc/15/6764.md?p=9); 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](/usc/15/6764.md?p=5), in order to sell, solicit, or negotiate [insurance](/usc/15/6764.md?p=4) for commercial property and casualty risks to an insured with risks located in more than one [State](/usc/15/6764.md?p=9), if the member is licensed or otherwise authorized to operate in the [State](/usc/15/6764.md?p=9) where the insured maintains its [principal place of business](/usc/15/6764.md?p=7) and the contract of [insurance](/usc/15/6764.md?p=4) insures risks located in that [State](/usc/15/6764.md?p=9).
  - (3) **Preservation of State disciplinary authority—** Nothing in this section may be construed to prohibit a [State](/usc/15/6764.md?p=9) from investigating and taking appropriate disciplinary action, including suspension or revocation of authority of an [insurance producer](/usc/15/6764.md?p=5) to do business in a [State](/usc/15/6764.md?p=9), in accordance with [State law](/usc/15/6735.md?p=13) 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](/usc/15/6764.md?p=5) commenced doing business in the [State](/usc/15/6764.md?p=9) pursuant to Association membership.

## Source credit

(Pub. L. 106–102, title III, § 330, as added Pub. L. 114–1, title II, § 202(a), Jan. 12, 2015, 129 Stat. 25.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to this section were contained in section 6763 of this title, prior to the general amendment 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 subchapter by Pub. L. 114–1.