{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1317.html"}],"law_id":85909,"edition_id":1,"section_id":85909,"structure_id":16073,"section_number":"38.2-1317","catch_line":"Examinations; when authorized or required","history":"Code 1950, \u00a7\u00a7 38-125, 38-126, 38-216, 38-253.40, 38-253.86, 38-516; 1952, c. 317, \u00a7 38.1-174; 1972, c. 836; 1973, c. 504; 1977, c. 321; 1986, c. 562; 1992, c. 588; 1996, c. 47.","full_text":"A\n\nWhenever the Commission considers it expedient for the protection of the interests of the people of this Commonwealth, it may make or direct to be made an examination into the affairs of any person licensed to transact any insurance business in this Commonwealth or any other person subject to the jurisdiction of the Commission pursuant to provisions of this title. The Commission may also make or direct to be made, whenever necessary or advisable an examination into the affairs of:1\n\nAny person having a contract under which he has the exclusive or dominant right to manage or control any licensed insurer,2\n\nAny person holding the shares of capital stock or policyholder proxies of any domestic insurer amounting to control as defined in § 38.2-1322 either as voting trustee or otherwise,3\n\nAny person engaged or assisting in, or proposing or claiming to engage or assist in the promotion or formation of a domestic insurer, or4\n\nAny person seeking a license to transact any insurance business in this Commonwealth.B\n\nThe Commission shall examine or cause to be examined every domestic insurer at least once in every five years; however, on or after January 1, 1993, the Commission shall examine every insurer licensed in this Commonwealth at least once in every five years.C\n\nThe examination of any foreign or alien insurer or any other foreign or alien person subject to examination shall be made to the extent practicable in cooperation with the insurance departments of other states.D\n\nInstead of making its own examination, the Commission may accept a full report of the examination of a foreign or alien person, duly authenticated by the insurance supervisory official of the state of domicile or of entry until January 1, 1994. Thereafter, such reports may only be accepted if:1\n\nThe insurance department was at the time of the examination accredited under the National Association of Insurance Commissioners’ (NAIC) Financial Regulation Standards and Accreditation Program;2\n\nThe examination is performed under the supervision of such an accredited insurance department or with the participation of one or more examiners who are employed by an accredited insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department; or3\n\nThe Commission determines, in its sole discretion, that the examination was performed in a manner consistent with standards and procedures employed by the Commission in the examination of domestic insurers, and the report of examination is duly authenticated by the insurance supervisory official of the insurer’s state of domicile or entry.","order_by":null,"text":{"0":{"id":307705,"text":"Whenever the Commission considers it expedient for the protection of the interests of the people of this Commonwealth, it may make or direct to be made an examination into the affairs of any person licensed to transact any insurance business in this Commonwealth or any other person subject to the jurisdiction of the Commission pursuant to provisions of this title. The Commission may also make or direct to be made, whenever necessary or advisable an examination into the affairs of:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":307706,"text":"Any person having a contract under which he has the exclusive or dominant right to manage or control any licensed insurer,","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":307707,"text":"Any person holding the shares of capital stock or policyholder proxies of any domestic insurer amounting to control as defined in § 38.2-1322 either as voting trustee or otherwise,","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":307708,"text":"Any person engaged or assisting in, or proposing or claiming to engage or assist in the promotion or formation of a domestic insurer, or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":307709,"text":"Any person seeking a license to transact any insurance business in this Commonwealth.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":307710,"text":"The Commission shall examine or cause to be examined every domestic insurer at least once in every five years; however, on or after January 1, 1993, the Commission shall examine every insurer licensed in this Commonwealth at least once in every five years.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":307711,"text":"The examination of any foreign or alien insurer or any other foreign or alien person subject to examination shall be made to the extent practicable in cooperation with the insurance departments of other states.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":307712,"text":"Instead of making its own examination, the Commission may accept a full report of the examination of a foreign or alien person, duly authenticated by the insurance supervisory official of the state of domicile or of entry until January 1, 1994. Thereafter, such reports may only be accepted if:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"8":{"id":307713,"text":"The insurance department was at the time of the examination accredited under the National Association of Insurance Commissioners’ (NAIC) Financial Regulation Standards and Accreditation Program;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":307714,"text":"The examination is performed under the supervision of such an accredited insurance department or with the participation of one or more examiners who are employed by an accredited insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"10":{"id":307715,"text":"The Commission determines, in its sole discretion, that the examination was performed in a manner consistent with standards and procedures employed by the Commission in the examination of domestic insurers, and the report of examination is duly authenticated by the insurance supervisory official of the insurer’s state of domicile or entry.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"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}],"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1317\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. 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. Those modifications are as follows: in 1952, chapter 317; in 1972, chapter 836; in 1973, chapter 504; in 1977, chapter 321; in 1986, chapter 562; in 1992, chapter 588; in 1996, chapter 47<\/a>.<\/p>","references":[{"id":63265,"section_number":"38.2-1318","catch_line":"Examinations; how conducted","order_by":null,"url":"\/38.2-1318\/"},{"id":84275,"section_number":"38.2-1332","catch_line":"Examinations","order_by":null,"url":"\/38.2-1332\/"},{"id":71309,"section_number":"38.2-1342","catch_line":"Applicability","order_by":null,"url":"\/38.2-1342\/"},{"id":87094,"section_number":"38.2-1355","catch_line":"Examination authority","order_by":null,"url":"\/38.2-1355\/"},{"id":54417,"section_number":"38.2-1362","catch_line":"Examination authority","order_by":null,"url":"\/38.2-1362\/"},{"id":67564,"section_number":"38.2-1382","catch_line":"Confidentiality","order_by":null,"url":"\/38.2-1382\/"},{"id":86567,"section_number":"38.2-221.1","catch_line":"Confidentiality of information","order_by":null,"url":"\/38.2-221.1\/"},{"id":73090,"section_number":"38.2-2811","catch_line":"Examination into affairs of association","order_by":null,"url":"\/38.2-2811\/"},{"id":56213,"section_number":"38.2-2910","catch_line":"Annual examination into affairs of Association","order_by":null,"url":"\/38.2-2910\/"},{"id":65309,"section_number":"38.2-4123","catch_line":"Exemptions","order_by":null,"url":"\/38.2-4123\/"},{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"},{"id":82144,"section_number":"38.2-4229.2","catch_line":"Hearings and investigations on effect of other state's law","order_by":null,"url":"\/38.2-4229.2\/"},{"id":72404,"section_number":"38.2-4234","catch_line":"Examinations","order_by":null,"url":"\/38.2-4234\/"},{"id":60856,"section_number":"38.2-4315","catch_line":"Examinations","order_by":null,"url":"\/38.2-4315\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"},{"id":60078,"section_number":"38.2-4408","catch_line":"Application of certain provisions","order_by":null,"url":"\/38.2-4408\/"},{"id":77355,"section_number":"38.2-4410.1","catch_line":"Examinations","order_by":null,"url":"\/38.2-4410.1\/"},{"id":62548,"section_number":"38.2-4509","catch_line":"Application of certain laws","order_by":null,"url":"\/38.2-4509\/"},{"id":80252,"section_number":"38.2-511","catch_line":"Failure to maintain record of complaints","order_by":null,"url":"\/38.2-511\/"},{"id":84374,"section_number":"38.2-6006","catch_line":"Examinations; record retention; investigations","order_by":null,"url":"\/38.2-6006\/"}],"refers_to":[{"id":66587,"section_number":"38.2-1322","catch_line":"Definitions","order_by":null,"url":"\/38.2-1322\/"}],"permalink":{"id":211557,"object_type":"law","relational_id":85909,"identifier":"38.2-1317","token":"38.2\/13\/4\/38.2-1317","url":"\/38.2-1317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1317\/","token":"38.2\/13\/4\/38.2-1317","dublin_core":{"Title":"Examinations; when authorized or required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Commission<\/span> considers it expedient for the protection of the interests of the people of this Commonwealth, it may make or direct to be made an examination into the affairs of any person<\/span> licensed to transact any insurance<\/span> business in this Commonwealth or any other person<\/span> subject to the jurisdiction<\/span> of the Commission<\/span> pursuant to provisions of this title. The Commission<\/span> may also make or direct to be made, whenever necessary or advisable an examination into the affairs of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person<\/span> having a contract<\/span> under which he has the exclusive or dominant right to manage or control any licensed insurer<\/span>, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> holding the shares of capital stock or policyholder proxies of any domestic insurer<\/span> amounting to control as defined in § 38.2-1322<\/a> either as voting trustee or otherwise, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any person<\/span> engaged or assisting in, or proposing or claiming to engage or assist in the promotion or formation of a domestic insurer<\/span>, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any person<\/span> seeking a license to transact any insurance<\/span> business in this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall examine or cause to be examined every domestic insurer<\/span> at least once in every five years; however, on or after January 1, 1993, the Commission<\/span> shall examine every insurer<\/span> licensed in this Commonwealth at least once in every five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The examination of any foreign or alien insurer<\/span> or any other foreign or alien person<\/span> subject to examination shall be made to the extent practicable in cooperation with the insurance<\/span> departments of other states<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Instead of making its own examination, the Commission<\/span> may accept a full report of the examination of a foreign or alien person<\/span>, duly authenticated by the insurance<\/span> supervisory official of the state<\/span> of domicile or of entry until January 1, 1994. Thereafter, such reports may only be accepted if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The insurance<\/span> department was at the time of the examination accredited under the National Association of Insurance<\/span> Commissioners<\/span>’ (NAIC) Financial Regulation Standards and Accreditation Program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The examination is performed under the supervision of such an accredited insurance<\/span> department or with the participation of one or more examiners who are employed by an accredited insurance<\/span> department and who, after a review of the examination work papers and report, state<\/span> under oath<\/span> that the examination was performed in a manner consistent with the standards and procedures required by their insurance<\/span> department; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> determines, in its sole discretion, that the examination was performed in a manner consistent with standards and procedures employed by the Commission<\/span> in the examination of domestic insurers<\/span>, and the report of examination is duly authenticated by the insurance<\/span> supervisory official of the insurer<\/span>’s state<\/span> of domicile or entry. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXAMINATIONS; WHEN AUTHORIZED OR REQUIRED (\u00a7 38.2-1317)\n\nA. Whenever the Commission considers it expedient for the protection of the\ninterests of the people of this Commonwealth, it may make or direct to be made\nan examination into the affairs of any person licensed to transact any insurance\nbusiness in this Commonwealth or any other person subject to the jurisdiction of\nthe Commission pursuant to provisions of this title. The Commission may also\nmake or direct to be made, whenever necessary or advisable an examination into\nthe affairs of:\n\n 1. Any person having a contract under which he has the exclusive or dominant\n right to manage or control any licensed insurer,\n\n 2. Any person holding the shares of capital stock or policyholder proxies of\n any domestic insurer amounting to control as defined in § 38.2-1322\n either as voting trustee or otherwise,\n\n 3. Any person engaged or assisting in, or proposing or claiming to engage or\n assist in the promotion or formation of a domestic insurer, or\n\n 4. Any person seeking a license to transact any insurance business in this\n Commonwealth.\n\nB. The Commission shall examine or cause to be examined every domestic insurer\nat least once in every five years; however, on or after January 1, 1993, the\nCommission shall examine every insurer licensed in this Commonwealth at least\nonce in every five years.\n\nC. The examination of any foreign or alien insurer or any other foreign or alien\nperson subject to examination shall be made to the extent practicable in\ncooperation with the insurance departments of other states.\n\nD. Instead of making its own examination, the Commission may accept a full\nreport of the examination of a foreign or alien person, duly authenticated by\nthe insurance supervisory official of the state of domicile or of entry until\nJanuary 1, 1994. Thereafter, such reports may only be accepted if:\n\n 1. The insurance department was at the time of the examination accredited\n under the National Association of Insurance Commissioners’ (NAIC)\n Financial Regulation Standards and Accreditation Program;\n\n 2. The examination is performed under the supervision of such an accredited\n insurance department or with the participation of one or more examiners who\n are employed by an accredited insurance department and who, after a review of\n the examination work papers and report, state under oath that the examination\n was performed in a manner consistent with the standards and procedures\n required by their insurance department; or\n\n 3. The Commission determines, in its sole discretion, that the examination was\n performed in a manner consistent with standards and procedures employed by the\n Commission in the examination of domestic insurers, and the report of\n examination is duly authenticated by the insurance supervisory official of the\n insurer’s state of domicile or entry.\n\nHISTORY: Code 1950, \u00a7\u00a7 38-125, 38-126, 38-216, 38-253.40, 38-253.86, 38-516;\n1952, c. 317, \u00a7 38.1-174; 1972, c. 836; 1973, c. 504; 1977, c. 321; 1986, c.\n562; 1992, c. 588; 1996, c. 47.","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}}