{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1800.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1800.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1800.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1800.1.html"}],"law_id":66272,"edition_id":1,"section_id":66272,"structure_id":14103,"section_number":"38.2-1800.1","catch_line":"Proof of residency","history":"1997, c. 583; 2001, c. 706.","full_text":"A\n\nFor purposes of this chapter, an individual shall be deemed to be a resident of this Commonwealth provided such individual (i) maintains his principal place of residence within this Commonwealth, or satisfies the requirements set forth in subsection B of § 38.2-1836; (ii) declares himself to be a Virginia resident on his federal tax return; and (iii) declares himself to be a Virginia resident for purposes of paying Virginia income tax and personal property taxes; and provided that such individual is able to document the above to the satisfaction of the Commission. The Commission may also consider other documentation furnished by the individual, including, but not limited to, a valid current Virginia driver’s license or voter registration card, as additional proof of residency. An individual applying for or holding a license issued pursuant to this chapter who is unable to document his residency as set forth above shall be deemed not to be a resident of Virginia for purposes of this chapter, except that an individual residing outside of Virginia whose principal place of business is in Virginia, who is able to demonstrate to the satisfaction of the Commission that the laws of his home state prevent him from obtaining a resident agent license in that state, and who affirmatively chooses to qualify as and be treated as a resident of Virginia for purposes of licensing and continuing education, both in Virginia and in the state in which the individual resides, if applicable, may be considered a resident for purposes of issuance of a license pursuant to this chapter.B\n\nFor purposes of this chapter, a business entity shall be deemed to be a resident of this Commonwealth provided such business entity:1\n\nIf a domestic corporation, has filed its articles of incorporation with the clerk of the Commission, and has been issued a charter by the Commission;2\n\nIf a domestic limited liability company, has filed its articles of organization with the clerk of the Commission, and has been issued a certificate of organization by the Commission;3\n\nIf a domestic limited partnership, has applied for and received a certificate of limited partnership from the clerk of the Commission;4\n\nIf a domestic partnership, has filed its partnership agreement with the clerk of the appropriate court; or5\n\nIf a foreign business entity that is not licensed as a resident agent in any other jurisdiction, demonstrates to the satisfaction of the Commission that its principal place of business is within the Commonwealth of Virginia.","order_by":null,"text":{"0":{"id":240680,"text":"For purposes of this chapter, an individual shall be deemed to be a resident of this Commonwealth provided such individual (i) maintains his principal place of residence within this Commonwealth, or satisfies the requirements set forth in subsection B of § 38.2-1836; (ii) declares himself to be a Virginia resident on his federal tax return; and (iii) declares himself to be a Virginia resident for purposes of paying Virginia income tax and personal property taxes; and provided that such individual is able to document the above to the satisfaction of the Commission. The Commission may also consider other documentation furnished by the individual, including, but not limited to, a valid current Virginia driver’s license or voter registration card, as additional proof of residency. An individual applying for or holding a license issued pursuant to this chapter who is unable to document his residency as set forth above shall be deemed not to be a resident of Virginia for purposes of this chapter, except that an individual residing outside of Virginia whose principal place of business is in Virginia, who is able to demonstrate to the satisfaction of the Commission that the laws of his home state prevent him from obtaining a resident agent license in that state, and who affirmatively chooses to qualify as and be treated as a resident of Virginia for purposes of licensing and continuing education, both in Virginia and in the state in which the individual resides, if applicable, may be considered a resident for purposes of issuance of a license pursuant to this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240681,"text":"For purposes of this chapter, a business entity shall be deemed to be a resident of this Commonwealth provided such business entity:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":240682,"text":"If a domestic corporation, has filed its articles of incorporation with the clerk of the Commission, and has been issued a charter by the Commission;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":240683,"text":"If a domestic limited liability company, has filed its articles of organization with the clerk of the Commission, and has been issued a certificate of organization by the Commission;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":240684,"text":"If a domestic limited partnership, has applied for and received a certificate of limited partnership from the clerk of the Commission;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":240685,"text":"If a domestic partnership, has filed its partnership agreement with the clerk of the appropriate court; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":240686,"text":"If a foreign business entity that is not licensed as a resident agent in any other jurisdiction, demonstrates to the satisfaction of the Commission that its principal place of business is within the Commonwealth of Virginia.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4"}},"ancestry":[{"id":14103,"edition_id":1,"name":"Definitions and General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":212413,"object_type":"structure","relational_id":14103,"identifier":"1","token":"38.2\/18\/1","url":"\/38.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13203,"edition_id":1,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212411,"object_type":"structure","relational_id":13203,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","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":67482,"structure_id":14103,"section_number":"38.2-1800","catch_line":"Definitions","url":"\/38.2-1800\/","token":"38.2\/18\/1\/38.2-1800","metadata":false},{"id":66272,"structure_id":14103,"section_number":"38.2-1800.1","catch_line":"Proof of residency","url":"\/38.2-1800.1\/","token":"38.2\/18\/1\/38.2-1800.1","metadata":false},{"id":76029,"structure_id":14103,"section_number":"38.2-1801","catch_line":"Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship","url":"\/38.2-1801\/","token":"38.2\/18\/1\/38.2-1801","metadata":false},{"id":77079,"structure_id":14103,"section_number":"38.2-1802","catch_line":"Acting as agent for unlicensed insurer prohibited; penalties","url":"\/38.2-1802\/","token":"38.2\/18\/1\/38.2-1802","metadata":false},{"id":76801,"structure_id":14103,"section_number":"38.2-1803","catch_line":"Repealed","url":"\/38.2-1803\/","token":"38.2\/18\/1\/38.2-1803","metadata":false},{"id":69797,"structure_id":14103,"section_number":"38.2-1804","catch_line":"Blank forms","url":"\/38.2-1804\/","token":"38.2\/18\/1\/38.2-1804","metadata":false},{"id":60505,"structure_id":14103,"section_number":"38.2-1805","catch_line":"Acceptance by insurance agents of premiums in arrears; how advance premiums recorded","url":"\/38.2-1805\/","token":"38.2\/18\/1\/38.2-1805","metadata":false},{"id":83261,"structure_id":14103,"section_number":"38.2-1806","catch_line":"Interest with respect to credit extended or money lent for premiums on certain policies","url":"\/38.2-1806\/","token":"38.2\/18\/1\/38.2-1806","metadata":false},{"id":72532,"structure_id":14103,"section_number":"38.2-1807","catch_line":"Repealed","url":"\/38.2-1807\/","token":"38.2\/18\/1\/38.2-1807","metadata":false},{"id":65536,"structure_id":14103,"section_number":"38.2-1808","catch_line":"All agreements to be expressed in contract","url":"\/38.2-1808\/","token":"38.2\/18\/1\/38.2-1808","metadata":false},{"id":59462,"structure_id":14103,"section_number":"38.2-1809","catch_line":"Power of Commission to investigate affairs of persons engaged in insurance business; penalties for refusal to permit investigation","url":"\/38.2-1809\/","token":"38.2\/18\/1\/38.2-1809","metadata":false},{"id":77150,"structure_id":14103,"section_number":"38.2-1810","catch_line":"Report of acts deemed larceny under \u00a7 18.2-111; privileged communications; attorney for the Commonwealth to be informed","url":"\/38.2-1810\/","token":"38.2\/18\/1\/38.2-1810","metadata":false},{"id":85445,"structure_id":14103,"section_number":"38.2-1811","catch_line":"Repealed","url":"\/38.2-1811\/","token":"38.2\/18\/1\/38.2-1811","metadata":false},{"id":87107,"structure_id":14103,"section_number":"38.2-1812","catch_line":"Payment and sharing of commissions","url":"\/38.2-1812\/","token":"38.2\/18\/1\/38.2-1812","metadata":false},{"id":57682,"structure_id":14103,"section_number":"38.2-1812.1","catch_line":"Placement of insurance for public bodies","url":"\/38.2-1812.1\/","token":"38.2\/18\/1\/38.2-1812.1","metadata":false},{"id":66943,"structure_id":14103,"section_number":"38.2-1812.2","catch_line":"Administrative charges in excess of premium prohibited; exceptions","url":"\/38.2-1812.2\/","token":"38.2\/18\/1\/38.2-1812.2","metadata":false},{"id":55233,"structure_id":14103,"section_number":"38.2-1813","catch_line":"Reporting and accounting for premiums","url":"\/38.2-1813\/","token":"38.2\/18\/1\/38.2-1813","metadata":false}],"previous_section":{"id":67482,"structure_id":14103,"section_number":"38.2-1800","catch_line":"Definitions","url":"\/38.2-1800\/","token":"38.2\/18\/1\/38.2-1800","metadata":false},"next_section":{"id":76029,"structure_id":14103,"section_number":"38.2-1801","catch_line":"Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship","url":"\/38.2-1801\/","token":"38.2\/18\/1\/38.2-1801","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1800.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 583<\/a> 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. 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 2001, chapter 706<\/a>.<\/p>","references":[{"id":76889,"section_number":"38.2-1845.2","catch_line":"License required of resident public adjusters","order_by":null,"url":"\/38.2-1845.2\/"},{"id":65937,"section_number":"38.2-1845.5","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","order_by":null,"url":"\/38.2-1845.5\/"},{"id":86867,"section_number":"38.2-1845.6","catch_line":"Individual moving into the Commonwealth from another state or Canadian province","order_by":null,"url":"\/38.2-1845.6\/"},{"id":66306,"section_number":"64.2-1409","catch_line":"Information to be provided to clerk by fiduciary","order_by":null,"url":"\/64.2-1409\/"}],"refers_to":[{"id":67300,"section_number":"38.2-1836","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","order_by":null,"url":"\/38.2-1836\/"}],"permalink":{"id":212419,"object_type":"law","relational_id":66272,"identifier":"38.2-1800.1","token":"38.2\/18\/1\/38.2-1800.1","url":"\/38.2-1800.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1800.1\/","token":"38.2\/18\/1\/38.2-1800.1","dublin_core":{"Title":"Proof of residency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1800.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this chapter, an individual shall be deemed to be a resident<\/span> of this Commonwealth provided such individual (i) maintains his principal place of residence within this Commonwealth, or satisfies the requirements set forth in subsection B of § 38.2-1836<\/a>; (ii) declares himself to be a Virginia resident<\/span> on his federal tax return; and (iii) declares himself to be a Virginia resident<\/span> for purposes of paying Virginia income tax and personal property taxes; and provided that such individual is able to document the above to the satisfaction of the Commission<\/span>. The Commission<\/span> may also consider other documentation furnished by the individual, including, but not limited to, a valid current Virginia driver’s license<\/span> or voter registration card, as additional proof of residency. An individual applying for or holding a license<\/span> issued pursuant to this chapter who is unable to document his residency as set forth above shall be deemed not to be a resident<\/span> of Virginia for purposes of this chapter, except that an individual residing outside of Virginia whose principal place of business is in Virginia, who is able to demonstrate to the satisfaction of the Commission<\/span> that the laws<\/span> of his home state<\/span> prevent him from obtaining a resident<\/span> agent license<\/span> in that state, and who affirmatively chooses to qualify as and be treated as a resident<\/span> of Virginia for purposes of licensing and continuing education, both in Virginia and in the state in which the individual resides, if applicable, may be considered a resident<\/span> for purposes of issuance of a license<\/span> pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this chapter, a business entity<\/span> shall be deemed to be a resident<\/span> of this Commonwealth provided such business entity<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If a domestic corporation, has filed<\/span> its articles of incorporation with the clerk of the Commission<\/span>, and has been issued a charter by the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a domestic limited liability company<\/span>, has filed<\/span> its articles of organization with the clerk of the Commission<\/span>, and has been issued a certificate of organization by the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a domestic limited partnership, has applied for and received a certificate of limited partnership from the clerk of the Commission<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If a domestic partnership, has filed<\/span> its partnership agreement with the clerk of the appropriate court<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If a foreign business entity<\/span> that is not licensed as a resident<\/span> agent in any other jurisdiction<\/span>, demonstrates to the satisfaction of the Commission<\/span> that its principal place of business is within the Commonwealth of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROOF OF RESIDENCY (\u00a7 38.2-1800.1)\n\nA. For purposes of this chapter, an individual shall be deemed to be a resident\nof this Commonwealth provided such individual (i) maintains his principal place\nof residence within this Commonwealth, or satisfies the requirements set forth\nin subsection B of § 38.2-1836; (ii) declares himself to be a Virginia\nresident on his federal tax return; and (iii) declares himself to be a Virginia\nresident for purposes of paying Virginia income tax and personal property taxes;\nand provided that such individual is able to document the above to the\nsatisfaction of the Commission. The Commission may also consider other\ndocumentation furnished by the individual, including, but not limited to, a\nvalid current Virginia driver’s license or voter registration card, as\nadditional proof of residency. An individual applying for or holding a license\nissued pursuant to this chapter who is unable to document his residency as set\nforth above shall be deemed not to be a resident of Virginia for purposes of\nthis chapter, except that an individual residing outside of Virginia whose\nprincipal place of business is in Virginia, who is able to demonstrate to the\nsatisfaction of the Commission that the laws of his home state prevent him from\nobtaining a resident agent license in that state, and who affirmatively chooses\nto qualify as and be treated as a resident of Virginia for purposes of licensing\nand continuing education, both in Virginia and in the state in which the\nindividual resides, if applicable, may be considered a resident for purposes of\nissuance of a license pursuant to this chapter.\n\nB. For purposes of this chapter, a business entity shall be deemed to be a\nresident of this Commonwealth provided such business entity:\n\n 1. If a domestic corporation, has filed its articles of incorporation with the\n clerk of the Commission, and has been issued a charter by the Commission;\n\n 2. If a domestic limited liability company, has filed its articles of\n organization with the clerk of the Commission, and has been issued a\n certificate of organization by the Commission;\n\n 3. If a domestic limited partnership, has applied for and received a\n certificate of limited partnership from the clerk of the Commission;\n\n 4. If a domestic partnership, has filed its partnership agreement with the\n clerk of the appropriate court; or\n\n 5. If a foreign business entity that is not licensed as a resident agent in\n any other jurisdiction, demonstrates to the satisfaction of the Commission\n that its principal place of business is within the Commonwealth of Virginia.\n\nHISTORY: 1997, c. 583; 2001, c. 706.","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}}