{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1317.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1317.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1317.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1317.1.html"}],"law_id":63152,"edition_id":1,"section_id":63152,"structure_id":16073,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","history":"1992, c. 588; 2008, c. 249.","full_text":"A\n\nIn scheduling and determining the nature, scope and frequency of examinations, the Commission shall consider such matters as the conduct of business in the marketplace, results of financial statement analyses and ratios, results of market analyses, changes in management or ownership, actuarial opinions, reports of independent certified public accountants and other criteria as set forth in any Examiners&#8217; Handbook, or any successor publications, adopted by the NAIC and in effect when the Commission exercises discretion under this article.\n\t\t\tProcedures for examinations concerning the conduct of business in the marketplace shall be exclusively subject to the provisions of &#xA7;&#xA7; 38.2-218 through 38.2-222 and &#xA7;&#xA7; 38.2-1318, 38.2-1319, 38.2-1320.5, and 38.2-1321.1.B\n\nFor purposes of completing an examination of any company under this article, the Commission may examine or investigate any person, or the business of any person, in so far as such examination or investigation is, in the sole discretion of the Commission, necessary or material to the examination of the company.C\n\nThe examination of any alien insurer or person shall be limited to its insurance transactions in the United States unless the Commission considers a complete examination of the alien insurer or person to be necessary.D\n\nAs used in this article:\n\t\t\t&#8220;Company&#8221; means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who, pursuant to the provisions of this title, Title 58.1, or any rule or regulation promulgated by the Commission, may otherwise be subject to the administrative or regulatory authority of the Commission as set forth in the provisions of this title.\n\t\t\t&#8220;Insurance department&#8221; means the supervising regulatory officials of a given state who are responsible for administering the insurance laws of said state.\n\t\t\t&#8220;Insurer&#8221; means an insurance institution as defined by &#xA7; 38.2-602.\n\t\t\t&#8220;NAIC&#8221; means the National Association of Insurance Commissioners.\n\t\t\t&#8220;Person&#8221; means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society, or any affiliate thereof.","order_by":null,"text":{"0":{"id":230290,"text":"In scheduling and determining the nature, scope and frequency of examinations, the Commission shall consider such matters as the conduct of business in the marketplace, results of financial statement analyses and ratios, results of market analyses, changes in management or ownership, actuarial opinions, reports of independent certified public accountants and other criteria as set forth in any Examiners&#8217; Handbook, or any successor publications, adopted by the NAIC and in effect when the Commission exercises discretion under this article.\n\t\t\tProcedures for examinations concerning the conduct of business in the marketplace shall be exclusively subject to the provisions of &#xA7;&#xA7; 38.2-218 through 38.2-222 and &#xA7;&#xA7; 38.2-1318, 38.2-1319, 38.2-1320.5, and 38.2-1321.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230291,"text":"For purposes of completing an examination of any company under this article, the Commission may examine or investigate any person, or the business of any person, in so far as such examination or investigation is, in the sole discretion of the Commission, necessary or material to the examination of the company.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":230292,"text":"The examination of any alien insurer or person shall be limited to its insurance transactions in the United States unless the Commission considers a complete examination of the alien insurer or person to be necessary.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":230293,"text":"As used in this article:\n\t\t\t&#8220;Company&#8221; means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who, pursuant to the provisions of this title, Title 58.1, or any rule or regulation promulgated by the Commission, may otherwise be subject to the administrative or regulatory authority of the Commission as set forth in the provisions of this title.\n\t\t\t&#8220;Insurance department&#8221; means the supervising regulatory officials of a given state who are responsible for administering the insurance laws of said state.\n\t\t\t&#8220;Insurer&#8221; means an insurance institution as defined by &#xA7; 38.2-602.\n\t\t\t&#8220;NAIC&#8221; means the National Association of Insurance Commissioners.\n\t\t\t&#8220;Person&#8221; means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society, or any affiliate thereof.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16073,"edition_id":1,"name":"Examinations","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13289,"metadata":{},"date_created":"2026-06-26 04:05:04","date_modified":"2026-06-26 04:05:04","permalink":{"id":211555,"object_type":"structure","relational_id":16073,"identifier":"4","token":"38.2\/13\/4","url":"\/38.2\/13\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13289,"edition_id":1,"name":"Reports, Reserves and Examinations, Insurance Holding Companies, Reinsurance Intermediaries, and Managing General Agents","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":211347,"object_type":"structure","relational_id":13289,"identifier":"13","token":"38.2\/13","url":"\/38.2\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85909,"structure_id":16073,"section_number":"38.2-1317","catch_line":"Examinations; when authorized or required","url":"\/38.2-1317\/","token":"38.2\/13\/4\/38.2-1317","metadata":false},{"id":63152,"structure_id":16073,"section_number":"38.2-1317.1","catch_line":"Examinations; nature and scope","url":"\/38.2-1317.1\/","token":"38.2\/13\/4\/38.2-1317.1","metadata":false},{"id":80808,"structure_id":16073,"section_number":"38.2-1317.2","catch_line":"Market analyses confidential","url":"\/38.2-1317.2\/","token":"38.2\/13\/4\/38.2-1317.2","metadata":false},{"id":63265,"structure_id":16073,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","url":"\/38.2-1318\/","token":"38.2\/13\/4\/38.2-1318","metadata":false},{"id":85621,"structure_id":16073,"section_number":"38.2-1319","catch_line":"Expense of examination","url":"\/38.2-1319\/","token":"38.2\/13\/4\/38.2-1319","metadata":false},{"id":67209,"structure_id":16073,"section_number":"38.2-1320","catch_line":"Examination reports; general description","url":"\/38.2-1320\/","token":"38.2\/13\/4\/38.2-1320","metadata":false},{"id":84198,"structure_id":16073,"section_number":"38.2-1320.1","catch_line":"Submission of examination report","url":"\/38.2-1320.1\/","token":"38.2\/13\/4\/38.2-1320.1","metadata":false},{"id":65907,"structure_id":16073,"section_number":"38.2-1320.2","catch_line":"Filing of report on examination","url":"\/38.2-1320.2\/","token":"38.2\/13\/4\/38.2-1320.2","metadata":false},{"id":65066,"structure_id":16073,"section_number":"38.2-1320.3","catch_line":"Examination reports; orders and procedures","url":"\/38.2-1320.3\/","token":"38.2\/13\/4\/38.2-1320.3","metadata":false},{"id":85364,"structure_id":16073,"section_number":"38.2-1320.4","catch_line":"Publication and use of examination reports","url":"\/38.2-1320.4\/","token":"38.2\/13\/4\/38.2-1320.4","metadata":false},{"id":84628,"structure_id":16073,"section_number":"38.2-1320.5","catch_line":"Confidentiality of ancillary information","url":"\/38.2-1320.5\/","token":"38.2\/13\/4\/38.2-1320.5","metadata":false},{"id":63659,"structure_id":16073,"section_number":"38.2-1321","catch_line":"Records of examination preserved","url":"\/38.2-1321\/","token":"38.2\/13\/4\/38.2-1321","metadata":false},{"id":66222,"structure_id":16073,"section_number":"38.2-1321.1","catch_line":"Immunity from liability","url":"\/38.2-1321.1\/","token":"38.2\/13\/4\/38.2-1321.1","metadata":false}],"previous_section":{"id":85909,"structure_id":16073,"section_number":"38.2-1317","catch_line":"Examinations; when authorized or required","url":"\/38.2-1317\/","token":"38.2\/13\/4\/38.2-1317","metadata":false},"next_section":{"id":80808,"structure_id":16073,"section_number":"38.2-1317.2","catch_line":"Market analyses confidential","url":"\/38.2-1317.2\/","token":"38.2\/13\/4\/38.2-1317.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1317.1\/","history_text":"<p>This law was first created in 1992. The record of its establishment is cataloged in chapter 588 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0249\">249<\/a>.<\/p>","references":false,"refers_to":[{"id":63265,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","order_by":null,"url":"\/38.2-1318\/"},{"id":85621,"section_number":"38.2-1319","catch_line":"Expense of examination","order_by":null,"url":"\/38.2-1319\/"},{"id":84628,"section_number":"38.2-1320.5","catch_line":"Confidentiality of ancillary information","order_by":null,"url":"\/38.2-1320.5\/"},{"id":64490,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","order_by":null,"url":"\/38.2-218\/"},{"id":84985,"section_number":"38.2-222","catch_line":"Appeals generally","order_by":null,"url":"\/38.2-222\/"},{"id":73837,"section_number":"38.2-602","catch_line":"Definitions","order_by":null,"url":"\/38.2-602\/"}],"permalink":{"id":211561,"object_type":"law","relational_id":63152,"identifier":"38.2-1317.1","token":"38.2\/13\/4\/38.2-1317.1","url":"\/38.2-1317.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1317.1\/","token":"38.2\/13\/4\/38.2-1317.1","dublin_core":{"Title":"Examinations; nature and scope","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1317.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In scheduling and determining the nature, scope and frequency of examinations, the <span class=\"dictionary\">Commission<\/span> shall consider such matters as the conduct of business in the marketplace, results of financial statement analyses and ratios, results of market analyses, changes in management or ownership, actuarial <span class=\"dictionary\">opinions<\/span>, reports of independent certified public accountants and other criteria as set forth in any Examiners&#8217; Handbook, or any successor publications, adopted by the <span class=\"dictionary\">NAIC<\/span> and in effect when the <span class=\"dictionary\">Commission<\/span> exercises discretion under this article.\n\t\t\tProcedures for examinations concerning the conduct of business in the marketplace shall be exclusively subject to the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"Penalties and restitution payments\" href=\"\/38.2-218\/\">38.2-218<\/a> through <a class=\"law\" title=\"Appeals generally\" href=\"\/38.2-222\/\">38.2-222<\/a> and &#xA7;&#xA7; <a class=\"law\" title=\"Examinations; how conducted\" href=\"\/38.2-1318\/\">38.2-1318<\/a>, <a class=\"law\" title=\"Expense of examination\" href=\"\/38.2-1319\/\">38.2-1319<\/a>, <a class=\"law\" title=\"Confidentiality of ancillary information\" href=\"\/38.2-1320.5\/\">38.2-1320.5<\/a>, and <a class=\"law\" title=\"Immunity from liability\" href=\"\/38.2-1321.1\/\">38.2-1321.1<\/a>. <a id=\"paragraph-230290\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1317.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> For purposes of completing an examination of any <span class=\"dictionary\">company<\/span> under this article, the <span class=\"dictionary\">Commission<\/span> may examine or investigate any <span class=\"dictionary\">person<\/span>, or the business of any <span class=\"dictionary\">person<\/span>, in so far as such examination or investigation is, in the sole discretion of the <span class=\"dictionary\">Commission<\/span>, necessary or <span class=\"dictionary\">material<\/span> to the examination of the <span class=\"dictionary\">company<\/span>. <a id=\"paragraph-230291\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1317.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The examination of any alien <span class=\"dictionary\">insurer<\/span> or <span class=\"dictionary\">person<\/span> shall be limited to its <span class=\"dictionary\">insurance<\/span> transactions in the United <span class=\"dictionary\">States<\/span> unless the <span class=\"dictionary\">Commission<\/span> considers a complete examination of the alien <span class=\"dictionary\">insurer<\/span> or <span class=\"dictionary\">person<\/span> to be necessary. <a id=\"paragraph-230292\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1317.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> As used in this article:\n\t\t\t&#8220;<span class=\"dictionary\">Company<\/span>&#8221; means any <span class=\"dictionary\">person<\/span> engaging in or proposing or attempting to engage in any transaction or kind of insurance or <span class=\"dictionary\">surety<\/span> business and any <span class=\"dictionary\">person<\/span> or group of <span class=\"dictionary\">persons<\/span> who, pursuant to the provisions of this title, Title 58.1, or any rule or regulation promulgated by the <span class=\"dictionary\">Commission<\/span>, may otherwise be subject to the administrative or regulatory authority of the <span class=\"dictionary\">Commission<\/span> as set forth in the provisions of this title.\n\t\t\t&#8220;<span class=\"dictionary\">Insurance department<\/span>&#8221; means the supervising regulatory officials of a given <span class=\"dictionary\">state<\/span> who are responsible for administering the insurance <span class=\"dictionary\">laws<\/span> of said <span class=\"dictionary\">state<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Insurer<\/span>&#8221; means an insurance institution as defined by &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/38.2-602\/\">38.2-602<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">NAIC<\/span>&#8221; means the National Association of Insurance <span class=\"dictionary\">Commissioners<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means any association, aggregate of individuals, business, <span class=\"dictionary\">company<\/span>, corporation, individual, joint-stock <span class=\"dictionary\">company<\/span>, Lloyds type of organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society, or any affiliate thereof. <a id=\"paragraph-230293\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1317.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXAMINATIONS; NATURE AND SCOPE (\u00a7 38.2-1317.1)\n\nA. In scheduling and determining the nature, scope and frequency of\nexaminations, the Commission shall consider such matters as the conduct of\nbusiness in the marketplace, results of financial statement analyses and ratios,\nresults of market analyses, changes in management or ownership, actuarial\nopinions, reports of independent certified public accountants and other criteria\nas set forth in any Examiners&#8217; Handbook, or any successor publications,\nadopted by the NAIC and in effect when the Commission exercises discretion under\nthis article.\n\t\t\tProcedures for examinations concerning the conduct of business in the\nmarketplace shall be exclusively subject to the provisions of &#xA7;&#xA7;\n38.2-218 through 38.2-222 and &#xA7;&#xA7; 38.2-1318, 38.2-1319, 38.2-1320.5,\nand 38.2-1321.1.\n\nB. For purposes of completing an examination of any company under this article,\nthe Commission may examine or investigate any person, or the business of any\nperson, in so far as such examination or investigation is, in the sole\ndiscretion of the Commission, necessary or material to the examination of the\ncompany.\n\nC. The examination of any alien insurer or person shall be limited to its\ninsurance transactions in the United States unless the Commission considers a\ncomplete examination of the alien insurer or person to be necessary.\n\nD. As used in this article:\n\t\t\t&#8220;Company&#8221; means any person engaging in or proposing or attempting\nto engage in any transaction or kind of insurance or surety business and any\nperson or group of persons who, pursuant to the provisions of this title, Title\n58.1, or any rule or regulation promulgated by the Commission, may otherwise be\nsubject to the administrative or regulatory authority of the Commission as set\nforth in the provisions of this title.\n\t\t\t&#8220;Insurance department&#8221; means the supervising regulatory officials\nof a given state who are responsible for administering the insurance laws of\nsaid state.\n\t\t\t&#8220;Insurer&#8221; means an insurance institution as defined by &#xA7;\n38.2-602.\n\t\t\t&#8220;NAIC&#8221; means the National Association of Insurance Commissioners.\n\t\t\t&#8220;Person&#8221; means any association, aggregate of individuals,\nbusiness, company, corporation, individual, joint-stock company, Lloyds type of\norganization, organization, partnership, receiver, reciprocal or interinsurance\nexchange, trustee or society, or any affiliate thereof.\n\nHISTORY: 1992, c. 588; 2008, c. 249.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}