{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1812.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1812.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1812.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1812.html"}],"law_id":87107,"edition_id":1,"section_id":87107,"structure_id":14103,"section_number":"38.2-1812","catch_line":"Payment and sharing of commissions","history":"1979, c. 513, \u00a7 38.1-327.11; 1986, c. 562; 1987, c. 521; 1999, c. 97; 2001, c. 706; 2002, c. 323.","full_text":"A\n\nNo insurer shall pay directly or indirectly any commission or other valuable consideration to any person for services as an agent or a surplus lines broker within this Commonwealth unless the person is then a duly appointed agent of such insurer and, at the time of the transaction out of which arose the right to such commission or other valuable consideration, held a valid license as an agent, or valid license as a surplus lines broker, for the class of insurance involved.B\n\nNo person other than a duly licensed and appointed agent or a surplus lines broker may accept any such commission or other valuable consideration unless such person, at the time of the transaction out of which arose the right to such commission or other valuable consideration, held a valid license as an agent or surplus lines broker for the class of insurance involved.C\n\nAn agent of a home service insurer who is assigned a debit may receive, and the insurer may pay, commissions on business written on the debit prior to the agent&#8217;s becoming licensed and appointed, provided that the insurance was sold by a duly licensed and appointed agent, and further provided that the agent receiving the commission is duly licensed and, if appropriate, appointed on the day such commissions are paid to and received by him.D\n\nThis provision shall not prevent the payment or receipt of renewal or other deferred commissions or compensation to or by any person if the person was duly licensed and appointed, where the appointment was necessary, at the time of the transactions out of which arose the right to such renewals or deferred commissions or compensation.E\n\nThis provision shall not prevent the payment of commissions to a trade name which has been filed with the Bureau of Insurance pursuant to subsection E of &#xA7; 38.2-1822.F\n\nExcept as provided in subdivision B 8 of &#xA7; 38.2-1821.1, no agent or surplus lines broker shall directly or indirectly share his commissions or other compensation received or to be received by him on account of a transaction under his license with any person not also then licensed under this chapter, for the class of insurance involved in the transactions. No agent or surplus lines broker not then licensed and qualified for the same class of insurance shall receive any commission or other compensation. This provision shall not affect payment of the regular salaries due employees of the licensee.G\n\nNotwithstanding any contrary provision of law, each insurer shall accept and honor each request by a policyholder for a change of insurance agent of record, which change shall be effective on the date of the next renewal of the policy, unless the policyholder withdraws the request in writing, provided that the change of insurance agent of record shall not be effective unless the proposed new insurance agent of record is a duly appointed agent of the insurer. Prior to the effective date of the change, the insurer shall provide written notice of the change to the current insurance agent of record. The new insurance agent of record shall be paid all commissions payable on the policy effective not later than the next renewal date of the policy following the policyholder&#8217;s requested change, excluding any commissions or other compensation payable under an insurer&#8217;s retirement or deferred compensation plan with the insurance agent. A request for a change of insurance agent of record shall be in writing and shall include (a) the policyholder&#8217;s name and address; (b) the insurer&#8217;s name and address; (c) the policy number; (d) the name and address of the new insurance agent of record; (e) the date of the request; (f) the signature of the policyholder; and (g) the signature of acceptance by the new insurance agent. This subsection shall not require an insurer to appoint an insurance agent of record, alter an insurer&#8217;s existing contract with an insurance agent that provides for direct compensation in lieu of commission, or require the payment of full commissions to a new insurance agent where the original writing insurance agent or current insurance agent continues to have responsibility for processing and matters relating to the policyholder. For the purposes of this subsection, &#8220;insurance agent&#8221; and &#8220;insurance agent of record&#8221; shall mean only a limited lines property and casualty agent, a property and casualty insurance agent, a personal lines agent, a restricted nonresident property and casualty agent, or a restricted nonresident personal lines agent, as such terms are defined in &#xA7; 38.2-1800. The provisions of this subsection shall not apply to insurers who provide a process that (i) permits the insured to change the insurance agent of record under terms that are at least as favorable to the insured as the provisions of this subsection and (ii) equitably allocates commissions between the current and new insurance agents.","order_by":null,"text":{"0":{"id":311912,"text":"No insurer shall pay directly or indirectly any commission or other valuable consideration to any person for services as an agent or a surplus lines broker within this Commonwealth unless the person is then a duly appointed agent of such insurer and, at the time of the transaction out of which arose the right to such commission or other valuable consideration, held a valid license as an agent, or valid license as a surplus lines broker, for the class of insurance involved.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311913,"text":"No person other than a duly licensed and appointed agent or a surplus lines broker may accept any such commission or other valuable consideration unless such person, at the time of the transaction out of which arose the right to such commission or other valuable consideration, held a valid license as an agent or surplus lines broker for the class of insurance involved.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311914,"text":"An agent of a home service insurer who is assigned a debit may receive, and the insurer may pay, commissions on business written on the debit prior to the agent&#8217;s becoming licensed and appointed, provided that the insurance was sold by a duly licensed and appointed agent, and further provided that the agent receiving the commission is duly licensed and, if appropriate, appointed on the day such commissions are paid to and received by him.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311915,"text":"This provision shall not prevent the payment or receipt of renewal or other deferred commissions or compensation to or by any person if the person was duly licensed and appointed, where the appointment was necessary, at the time of the transactions out of which arose the right to such renewals or deferred commissions or compensation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":311916,"text":"This provision shall not prevent the payment of commissions to a trade name which has been filed with the Bureau of Insurance pursuant to subsection E of &#xA7; 38.2-1822.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":311917,"text":"Except as provided in subdivision B 8 of &#xA7; 38.2-1821.1, no agent or surplus lines broker shall directly or indirectly share his commissions or other compensation received or to be received by him on account of a transaction under his license with any person not also then licensed under this chapter, for the class of insurance involved in the transactions. No agent or surplus lines broker not then licensed and qualified for the same class of insurance shall receive any commission or other compensation. This provision shall not affect payment of the regular salaries due employees of the licensee.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":311918,"text":"Notwithstanding any contrary provision of law, each insurer shall accept and honor each request by a policyholder for a change of insurance agent of record, which change shall be effective on the date of the next renewal of the policy, unless the policyholder withdraws the request in writing, provided that the change of insurance agent of record shall not be effective unless the proposed new insurance agent of record is a duly appointed agent of the insurer. Prior to the effective date of the change, the insurer shall provide written notice of the change to the current insurance agent of record. The new insurance agent of record shall be paid all commissions payable on the policy effective not later than the next renewal date of the policy following the policyholder&#8217;s requested change, excluding any commissions or other compensation payable under an insurer&#8217;s retirement or deferred compensation plan with the insurance agent. A request for a change of insurance agent of record shall be in writing and shall include (a) the policyholder&#8217;s name and address; (b) the insurer&#8217;s name and address; (c) the policy number; (d) the name and address of the new insurance agent of record; (e) the date of the request; (f) the signature of the policyholder; and (g) the signature of acceptance by the new insurance agent. This subsection shall not require an insurer to appoint an insurance agent of record, alter an insurer&#8217;s existing contract with an insurance agent that provides for direct compensation in lieu of commission, or require the payment of full commissions to a new insurance agent where the original writing insurance agent or current insurance agent continues to have responsibility for processing and matters relating to the policyholder. For the purposes of this subsection, &#8220;insurance agent&#8221; and &#8220;insurance agent of record&#8221; shall mean only a limited lines property and casualty agent, a property and casualty insurance agent, a personal lines agent, a restricted nonresident property and casualty agent, or a restricted nonresident personal lines agent, as such terms are defined in &#xA7; 38.2-1800. The provisions of this subsection shall not apply to insurers who provide a process that (i) permits the insured to change the insurance agent of record under terms that are at least as favorable to the insured as the provisions of this subsection and (ii) equitably allocates commissions between the current and new insurance agents.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1812\/","history_text":"<p>This law was first created in 1979. The record of its establishment is cataloged in chapter 513 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 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1986, chapter 562; in 1987, chapter 521; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0097\">97<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0706\">706<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0323\">323<\/a>.<\/p>","references":[{"id":54349,"section_number":"38.2-1825","catch_line":"Duration and termination of licenses and appointments","order_by":null,"url":"\/38.2-1825\/"}],"refers_to":[{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":62300,"section_number":"38.2-1821.1","catch_line":"Exceptions to licensing","order_by":null,"url":"\/38.2-1821.1\/"}],"permalink":{"id":212467,"object_type":"law","relational_id":87107,"identifier":"38.2-1812","token":"38.2\/18\/1\/38.2-1812","url":"\/38.2-1812\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1812\/","token":"38.2\/18\/1\/38.2-1812","dublin_core":{"Title":"Payment and sharing of commissions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1812","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">insurer<\/span> shall pay directly or indirectly any <span class=\"dictionary\">commission<\/span> or other valuable consideration to any <span class=\"dictionary\">person<\/span> for services as an agent or a <span class=\"dictionary\">surplus lines broker<\/span> within this Commonwealth unless the <span class=\"dictionary\">person<\/span> is then a duly appointed agent of such <span class=\"dictionary\">insurer<\/span> and, at the time of the transaction out of which arose the right to such <span class=\"dictionary\">commission<\/span> or other valuable consideration, held a valid <span class=\"dictionary\">license<\/span> as an agent, or valid <span class=\"dictionary\">license<\/span> as a <span class=\"dictionary\">surplus lines broker<\/span>, for the class of <span class=\"dictionary\">insurance<\/span> involved. <a id=\"paragraph-311912\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#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> No <span class=\"dictionary\">person<\/span> other than a duly licensed and appointed agent or a <span class=\"dictionary\">surplus lines broker<\/span> may accept any such <span class=\"dictionary\">commission<\/span> or other valuable consideration unless such <span class=\"dictionary\">person<\/span>, at the time of the transaction out of which arose the right to such <span class=\"dictionary\">commission<\/span> or other valuable consideration, held a valid <span class=\"dictionary\">license<\/span> as an agent or <span class=\"dictionary\">surplus lines broker<\/span> for the class of <span class=\"dictionary\">insurance<\/span> involved. <a id=\"paragraph-311913\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#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> An agent of a home service <span class=\"dictionary\">insurer<\/span> who is assigned a debit may receive, and the <span class=\"dictionary\">insurer<\/span> may pay, <span class=\"dictionary\">commissions<\/span> on business written on the debit prior to the agent&#8217;s becoming licensed and appointed, provided that the <span class=\"dictionary\">insurance<\/span> was sold by a duly licensed and appointed agent, and further provided that the agent receiving the <span class=\"dictionary\">commission<\/span> is duly licensed and, if appropriate, appointed on the day such <span class=\"dictionary\">commissions<\/span> are paid to and received by him. <a id=\"paragraph-311914\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#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> This provision shall not prevent the payment or receipt of renewal or other deferred <span class=\"dictionary\">commissions<\/span> or compensation to or by any <span class=\"dictionary\">person<\/span> if the <span class=\"dictionary\">person<\/span> was duly licensed and appointed, where the appointment was necessary, at the time of the transactions out of which arose the right to such renewals or deferred <span class=\"dictionary\">commissions<\/span> or compensation. <a id=\"paragraph-311915\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> This provision shall not prevent the payment of <span class=\"dictionary\">commissions<\/span> to a trade name which has been <span class=\"dictionary\">filed<\/span> with the <span class=\"dictionary\">Bureau of Insurance<\/span> pursuant to subsection E of &#xA7; <a class=\"law\" title=\"License required of individual and business entity agents; individual acting for business entity licensee\" href=\"\/38.2-1822\/\">38.2-1822<\/a>. <a id=\"paragraph-311916\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Except as provided in subdivision B 8 of &#xA7; <a class=\"law\" title=\"Exceptions to licensing\" href=\"\/38.2-1821.1\/\">38.2-1821.1<\/a>, no agent or <span class=\"dictionary\">surplus lines broker<\/span> shall directly or indirectly share his <span class=\"dictionary\">commissions<\/span> or other compensation received or to be received by him on account of a transaction under his <span class=\"dictionary\">license<\/span> with any <span class=\"dictionary\">person<\/span> not also then licensed under this chapter, for the class of insurance involved in the transactions. No agent or <span class=\"dictionary\">surplus lines broker<\/span> not then licensed and qualified for the same class of insurance shall receive any <span class=\"dictionary\">commission<\/span> or other compensation. This provision shall not affect payment of the regular salaries due employees of the licensee. <a id=\"paragraph-311917\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Notwithstanding any contrary provision of <span class=\"dictionary\">law<\/span>, each <span class=\"dictionary\">insurer<\/span> shall accept and honor each request by a policyholder for a change of <span class=\"dictionary\">insurance agent of record<\/span>, which change shall be effective on the date of the next renewal of the policy, unless the policyholder withdraws the request in writing, provided that the change of <span class=\"dictionary\">insurance agent of record<\/span> shall not be effective unless the proposed new <span class=\"dictionary\">insurance agent of record<\/span> is a duly appointed agent of the <span class=\"dictionary\">insurer<\/span>. Prior to the effective date of the change, the <span class=\"dictionary\">insurer<\/span> shall provide written notice of the change to the current <span class=\"dictionary\">insurance agent of record<\/span>. The new <span class=\"dictionary\">insurance agent of record<\/span> shall be paid all <span class=\"dictionary\">commissions<\/span> payable on the policy effective not later than the next renewal date of the policy following the policyholder&#8217;s requested change, excluding any <span class=\"dictionary\">commissions<\/span> or other compensation payable under an <span class=\"dictionary\">insurer<\/span>&#8217;s retirement or deferred compensation plan with the insurance agent. A request for a change of <span class=\"dictionary\">insurance agent of record<\/span> shall be in writing and shall include (a) the policyholder&#8217;s name and address; (b) the <span class=\"dictionary\">insurer<\/span>&#8217;s name and address; (c) the policy number; (d) the name and address of the new <span class=\"dictionary\">insurance agent of record<\/span>; (e) the date of the request; (f) the signature of the policyholder; and (g) the signature of acceptance by the new insurance agent. This subsection shall not require an <span class=\"dictionary\">insurer<\/span> to appoint an <span class=\"dictionary\">insurance agent of record<\/span>, alter an <span class=\"dictionary\">insurer<\/span>&#8217;s existing <span class=\"dictionary\">contract<\/span> with an insurance agent that provides for direct compensation in lieu of <span class=\"dictionary\">commission<\/span>, or require the payment of full <span class=\"dictionary\">commissions<\/span> to a new insurance agent where the original writing insurance agent or current insurance agent continues to have responsibility for processing and matters relating to the policyholder. For the purposes of this subsection, &#8220;insurance agent&#8221; and &#8220;<span class=\"dictionary\">insurance agent of record<\/span>&#8221; shall mean only a <span class=\"dictionary\">limited lines property and casualty agent<\/span>, a <span class=\"dictionary\">property and casualty insurance agent<\/span>, a <span class=\"dictionary\">personal lines agent<\/span>, a <span class=\"dictionary\">restricted nonresident property and casualty agent<\/span>, or a <span class=\"dictionary\">restricted nonresident <span class=\"dictionary\">personal lines agent<\/span><\/span>, as such terms are defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/38.2-1800\/\">38.2-1800<\/a>. The provisions of this subsection shall not apply to <span class=\"dictionary\">insurers<\/span> who provide a process that (i) permits the insured to change the <span class=\"dictionary\">insurance agent of record<\/span> under terms that are at least as favorable to the insured as the provisions of this subsection and (ii) equitably allocates <span class=\"dictionary\">commissions<\/span> between the current and new <span class=\"dictionary\">insurance agents<\/span>. <a id=\"paragraph-311918\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1812\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPAYMENT AND SHARING OF COMMISSIONS (\u00a7 38.2-1812)\n\nA. No insurer shall pay directly or indirectly any commission or other valuable\nconsideration to any person for services as an agent or a surplus lines broker\nwithin this Commonwealth unless the person is then a duly appointed agent of\nsuch insurer and, at the time of the transaction out of which arose the right to\nsuch commission or other valuable consideration, held a valid license as an\nagent, or valid license as a surplus lines broker, for the class of insurance\ninvolved.\n\nB. No person other than a duly licensed and appointed agent or a surplus lines\nbroker may accept any such commission or other valuable consideration unless\nsuch person, at the time of the transaction out of which arose the right to such\ncommission or other valuable consideration, held a valid license as an agent or\nsurplus lines broker for the class of insurance involved.\n\nC. An agent of a home service insurer who is assigned a debit may receive, and\nthe insurer may pay, commissions on business written on the debit prior to the\nagent&#8217;s becoming licensed and appointed, provided that the insurance was\nsold by a duly licensed and appointed agent, and further provided that the agent\nreceiving the commission is duly licensed and, if appropriate, appointed on the\nday such commissions are paid to and received by him.\n\nD. This provision shall not prevent the payment or receipt of renewal or other\ndeferred commissions or compensation to or by any person if the person was duly\nlicensed and appointed, where the appointment was necessary, at the time of the\ntransactions out of which arose the right to such renewals or deferred\ncommissions or compensation.\n\nE. This provision shall not prevent the payment of commissions to a trade name\nwhich has been filed with the Bureau of Insurance pursuant to subsection E of\n&#xA7; 38.2-1822.\n\nF. Except as provided in subdivision B 8 of &#xA7; 38.2-1821.1, no agent or\nsurplus lines broker shall directly or indirectly share his commissions or other\ncompensation received or to be received by him on account of a transaction under\nhis license with any person not also then licensed under this chapter, for the\nclass of insurance involved in the transactions. No agent or surplus lines\nbroker not then licensed and qualified for the same class of insurance shall\nreceive any commission or other compensation. This provision shall not affect\npayment of the regular salaries due employees of the licensee.\n\nG. Notwithstanding any contrary provision of law, each insurer shall accept and\nhonor each request by a policyholder for a change of insurance agent of record,\nwhich change shall be effective on the date of the next renewal of the policy,\nunless the policyholder withdraws the request in writing, provided that the\nchange of insurance agent of record shall not be effective unless the proposed\nnew insurance agent of record is a duly appointed agent of the insurer. Prior to\nthe effective date of the change, the insurer shall provide written notice of\nthe change to the current insurance agent of record. The new insurance agent of\nrecord shall be paid all commissions payable on the policy effective not later\nthan the next renewal date of the policy following the policyholder&#8217;s\nrequested change, excluding any commissions or other compensation payable under\nan insurer&#8217;s retirement or deferred compensation plan with the insurance\nagent. A request for a change of insurance agent of record shall be in writing\nand shall include (a) the policyholder&#8217;s name and address; (b) the\ninsurer&#8217;s name and address; (c) the policy number; (d) the name and\naddress of the new insurance agent of record; (e) the date of the request; (f)\nthe signature of the policyholder; and (g) the signature of acceptance by the\nnew insurance agent. This subsection shall not require an insurer to appoint an\ninsurance agent of record, alter an insurer&#8217;s existing contract with an\ninsurance agent that provides for direct compensation in lieu of commission, or\nrequire the payment of full commissions to a new insurance agent where the\noriginal writing insurance agent or current insurance agent continues to have\nresponsibility for processing and matters relating to the policyholder. For the\npurposes of this subsection, &#8220;insurance agent&#8221; and &#8220;insurance\nagent of record&#8221; shall mean only a limited lines property and casualty\nagent, a property and casualty insurance agent, a personal lines agent, a\nrestricted nonresident property and casualty agent, or a restricted nonresident\npersonal lines agent, as such terms are defined in &#xA7; 38.2-1800. The\nprovisions of this subsection shall not apply to insurers who provide a process\nthat (i) permits the insured to change the insurance agent of record under terms\nthat are at least as favorable to the insured as the provisions of this\nsubsection and (ii) equitably allocates commissions between the current and new\ninsurance agents.\n\nHISTORY: 1979, c. 513, \u00a7 38.1-327.11; 1986, c. 562; 1987, c. 521; 1999, c. 97;\n2001, c. 706; 2002, c. 323.","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}}