Title 15, Commerce and TradeRelease 119-110

§6713 Title Insurance Activities of National Banks and Their Affiliates

Title 15 › CHAPTER 93 — INSURANCE › SUBCHAPTER I — STATE REGULATION OF INSURANCE › § 6713

Last updated Sep 22, 2026|Official source

Summary

National banks may not underwrite or sell title insurance. But if banks chartered by a particular State are allowed to sell title insurance as agents in that State, a national bank can also sell title insurance as an agent there — only in the same way, to the same extent, and under the same limits as those State banks. A State law that simply gives State banks the same powers as national banks does not count as permission to sell title insurance as an agent. A national bank and its subsidiary may keep doing title insurance work they were actively and lawfully doing before November 12, 1999, except in two cases: if the bank has an affiliate (a related company that is not owned by the bank) that sells insurance as principal, the bank and its subsidiaries may not underwrite title insurance; and if the bank has only a subsidiary (a company the bank owns or controls) that sells insurance as principal and no other affiliates, the bank itself may not directly underwrite title insurance. Federal law does not override any State law in effect before November 12, 1999, that completely bans title insurance in that State.

Full Legal Text

Title 15, §6713

Commerce and Trade, Source: USLM XML via OLRC

(a)General prohibition
No national bank may engage in any activity involving the underwriting or sale of title insurance.
(b)Nondiscrimination parity exception
(1)In general
Notwithstanding any other provision of law (including section 6701 of this title), in the case of any State in which banks organized under the laws of such State are authorized to sell title insurance as agent, a national bank may sell title insurance as agent in such State, but only in the same manner, to the same extent, and under the same restrictions as such State banks are authorized to sell title insurance as agent in such State.
(2)Coordination with “wildcard” provision
A State law which authorizes State banks to engage in any activities in such State in which a national bank may engage shall not be treated as a statute which authorizes State banks to sell title insurance as agent, for purposes of paragraph (1).
(c)Grandfathering with consistent regulation
(1)In general
Except as provided in paragraphs (2) and (3) and notwithstanding subsections (a) and (b), a national bank, and a subsidiary of a national bank, may conduct title insurance activities which such national bank or subsidiary was actively and lawfully conducting before November 12, 1999.
(2)Insurance affiliate
In the case of a national bank which has an affiliate which provides insurance as principal and is not a subsidiary of the bank, the national bank and any subsidiary of the national bank may not engage in the underwriting of title insurance pursuant to paragraph (1).
(3)Insurance subsidiary
In the case of a national bank which has a subsidiary which provides insurance as principal and has no affiliate other than a subsidiary which provides insurance as principal, the national bank may not directly engage in any activity involving the underwriting of title insurance.
(d)“Affiliate” and “subsidiary” defined
For purposes of this section, the terms “affiliate” and “subsidiary” have the same meanings as in section 1841 of title 12.
(e)Rule of construction
No provision of this Act or any other Federal law shall be construed as superseding or affecting a State law which was in effect before November 12, 1999, and which prohibits title insurance from being offered, provided, or sold in such State, or from being underwritten with respect to real property in such State, by any person whatsoever.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (e), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. For complete classification of this Act to the Code, see

Short Title

of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking, and Tables.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6713

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110