# § 6713. Title insurance activities of national banks and their affiliates
**(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** section 6701 of this title
Notwithstanding any other provision of law (including ), 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** November 12, 1999
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 .
**(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** section 1841 of title 12
For purposes of this section, the terms “affiliate” and “subsidiary” have the same meanings as in .
**(e)** **Rule of construction** November 12, 1999
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 , 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.
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**Source Credit**: (Pub. L. 106–102, title III, § 303, Nov. 12, 1999, 113 Stat. 1408.)
## Editorial Notes
### References in Text
This Act, referred to in subsec. (e), is , , , 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 , Banks and Banking, and Tables.