15 U.S.C. § 3902 : US Code - Section 3902: Risk retention groups

    (a) Exemptions from State laws, rules, regulations, or orders
      Except as provided in this section, a risk retention group is
    exempt from any State law, rule, regulation, or order to the extent
    that such law, rule, regulation, or order would - 
        (1) make unlawful, or regulate, directly or indirectly, the
      operation of a risk retention group except that the jurisdiction
      in which it is chartered may regulate the formation and operation
      of such a group and any State may require such a group to - 
          (A) comply with the unfair claim settlement practices law of
        the State;
          (B) pay, on a nondiscriminatory basis, applicable premium and
        other taxes which are levied on admitted insurers and surplus
        lines insurers, brokers, or policyholders under the laws of the
        State;
          (C) participate, on a nondiscriminatory basis, in any
        mechanism established or authorized under the law of the State
        for the equitable apportionment among insurers of liability
        insurance losses and expenses incurred on policies written
        through such mechanism;
          (D) register with and designate the State insurance
        commissioner as its agent solely for the purpose of receiving
        service of legal documents or process;
          (E) submit to an examination by the State insurance
        commissioners in any State in which the group is doing business
        to determine the group's financial condition, if - 
            (i) the commissioner of the jurisdiction in which the group
          is chartered has not begun or has refused to initiate an
          examination of the group; and
            (ii) any such examination shall be coordinated to avoid
          unjustified duplication and unjustified repetition;

          (F) comply with a lawful order issued - 
            (i) in a delinquency proceeding commenced by the State
          insurance commissioner if there has been a finding of
          financial impairment under subparagraph (E); or
            (ii) in a voluntary dissolution proceeding;

          (G) comply with any State law regarding deceptive, false, or
        fraudulent acts or practices, except that if the State seeks an
        injunction regarding the conduct described in this
        subparagraph, such injunction must be obtained from a court of
        competent jurisdiction;
          (H) comply with an injunction issued by a court of competent
        jurisdiction, upon a petition by the State insurance
        commissioner alleging that the group is in hazardous financial
        condition or is financially impaired; and
          (I) provide the following notice, in 10-point type, in any
        insurance policy issued by such group:

                                  "NOTICE                              
      "This policy is issued by your risk retention group. Your risk
    retention group may not be subject to all of the insurance laws and
    regulations of your State. State insurance insolvency guaranty
    funds are not available for your risk retention group."

        (2) require or permit a risk retention group to participate in
      any insurance insolvency guaranty association to which an insurer
      licensed in the State is required to belong;
        (3) require any insurance policy issued to a risk retention
      group or any member of the group to be countersigned by an
      insurance agent or broker residing in that State; or
        (4) otherwise, discriminate against a risk retention group or
      any of its members, except that nothing in this section shall be
      construed to affect the applicability of State laws generally
      applicable to persons or corporations.
    (b) Scope of exemptions
      The exemptions specified in subsection (a) of this section apply
    to laws governing the insurance business pertaining to - 
        (1) liability insurance coverage provided by a risk retention
      group for - 
          (A) such group; or
          (B) any person who is a member of such group;

        (2) the sale of liability insurance coverage for a risk
      retention group; and
        (3) the provision of - 
          (A) insurance related services;
          (B) management, operations, and investment activities; or
          (C) loss control and claims administration (including loss
        control and claims administration services for uninsured risks
        retained by any member of such group);

      for a risk retention group or any member of such group with
      respect to liability for which the group provides insurance.
    (c) Licensing of agents or brokers for risk retention groups
      A State may require that a person acting, or offering to act, as
    an agent or broker for a risk retention group obtain a license from
    that State, except that a State may not impose any qualification or
    requirement which discriminates against a nonresident agent or
    broker.
    (d) Documents for submission to State insurance commissioners
      Each risk retention group shall submit - 
        (1) to the insurance commissioner of the State in which it is
      chartered - 
          (A) before it may offer insurance in any State, a plan of
        operation or a feasibility study which includes the coverages,
        deductibles, coverage limits, rates, and rating classification
        systems for each line of insurance the group intends to offer;
        and
          (B) revisions of such plan or study if the group intends to
        offer any additional lines of liability insurance;

        (2) to the insurance commissioner of each State in which it
      intends to do business, before it may offer insurance in such
      State - 
          (A) a copy of such plan or study (which shall include the
        name of the State in which it is chartered and its principal
        place of business); and
          (B) a copy of any revisions to such plan or study, as
        provided in paragraph (1)(B) (which shall include any change in
        the designation of the State in which it is chartered); and

        (3) to the insurance commissioner of each State in which it is
      doing business, a copy of the group's annual financial statement
      submitted to the State in which the group is chartered as an
      insurance company, which statement shall be certified by an
      independent public accountant and contain a statement of opinion
      on loss and loss adjustment expense reserves made by - 
          (A) a member of the American Academy of Actuaries, or
          (B) a qualified loss reserve specialist.
    (e) Power of courts to enjoin conduct
      Nothing in this section shall be construed to affect the
    authority of any Federal or State court to enjoin - 
        (1) the solicitation or sale of insurance by a risk retention
      group to any person who is not eligible for membership in such
      group; or
        (2) the solicitation or sale of insurance by, or operation of,
      a risk retention group that is in hazardous financial condition
      or is financially impaired.
    (f) State powers to enforce State laws
      (1) Subject to the provisions of subsection (a)(1)(G) of this
    section (relating to injunctions) and paragraph (2), nothing in
    this chapter shall be construed to affect the authority of any
    State to make use of any of its powers to enforce the laws of such
    State with respect to which a risk retention group is not exempt
    under this chapter.
      (2) If a State seeks an injunction regarding the conduct
    described in paragraphs (1) and (2) of subsection (e) of this
    section, such injunction must be obtained from a Federal or State
    court of competent jurisdiction.
    (g) States' authority to sue
      Nothing in this chapter shall affect the authority of any State
    to bring an action in any Federal or State court.
    (h) State authority to regulate or prohibit ownership interests in
      risk retention groups
      Nothing in this chapter shall be construed to affect the
    authority of any State to regulate or prohibit the ownership
    interest in a risk retention group by an insurance company in that
    State, other than in the case of ownership interest in a risk
    retention group whose members are insurance companies.