{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1822.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1822.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1822.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1822.html"}],"law_id":84445,"edition_id":1,"section_id":84445,"structure_id":13204,"section_number":"38.2-1822","catch_line":"License required of individual and business entity agents; individual acting for business entity licensee","history":"Code 1950, \u00a7 38.1-302; 1952, c. 317; 1956, c. 172; 1979, c. 513, \u00a7 38.1-327.33; 1980, c. 581; 1981, c. 604; 1985, c. 616; 1986, c. 562; 1987, c. 521; 1989, c. 435; 1991, c. 88; 1994, c. 316; 1997, c. 583; 1999, c. 586; 2001, c. 706; 2002, c. 456; 2008, c. 213; 2013, c. 212.","full_text":"A\n\nNo person shall act, and no insurer or licensed agent shall knowingly permit a person to act, in this Commonwealth as an agent of an insurer licensed to transact the business of insurance in this Commonwealth without first obtaining a license in a manner and in a form prescribed by the Commission. As used in this section, “act as an agent” means selling, soliciting, or negotiating contracts of insurance or annuity on behalf of an insurer licensed in this Commonwealth or receiving or sharing, directly or indirectly, any commission or other valuable consideration arising from the sale, solicitation, or negotiation of any such contract, or both. No person shall submit business to any joint underwriting association or any plan established under this title for the equitable distribution of risks among insurers unless the person holds a valid license to transact the class of insurance involved.B\n\nNo individual shall act as an agent on behalf of a business entity in the transaction of insurance unless he is licensed as an agent and appointed, if appointment is required by statute. No individual whose license has been revoked by the Commission, or voluntarily surrendered in lieu of a hearing before the Commission, shall directly or indirectly own and operate, control, or be employed in any manner by an insurance agent or agency during the time period in which the individual is unlicensed unless otherwise authorized by the Commission.C\n\nNo business entity may act as an agent in this Commonwealth unless licensed and appointed, if appointment is required by statute. The existence of the business entity shall be recorded pursuant to law. The Commission may require proof of the foregoing before issuing a license to the business entity.D\n\nFor a nonresident business entity, a certification by the insurance department of the business entity’s home state satisfying the requirements of subsection A of § 38.2-1836 shall be deemed to satisfy the foregoing requirements.E\n\nIn addition to the requirements of §§ 59.1-69 and 59.1-70, any individual or business entity conducting the business of insurance in this Commonwealth under an assumed or fictitious name shall notify the Bureau of Insurance either at the time the application for a license to do business is filed or within 30 calendar days from the date the assumed or fictitious name is adopted, setting forth the name under which such business is to be conducted.F\n\nWhen the business of insurance is no longer conducted under an assumed or fictitious name, notification to the Bureau of Insurance is required within 30 calendar days from the date of cessation of use of such assumed or fictitious name.G\n\nNotwithstanding any other provision in this chapter, no license shall be required of a person whose employment responsibilities include enrolling individuals under a group insurance policy, provided that such person receives no commission or other valuable consideration for such enrollments, and that such compensation is in no manner contingent upon the number of individuals enrolled or the amount of premium generated by such enrollments. As used in this subsection “enrolling individuals” means the process of informing individuals of the availability of coverages, calculating the insurance charge, assisting with completion of the enrollment application, preparing and delivering the certificate of insurance, answering questions regarding the coverages, and assisting the individual in making an informed decision whether or not enrollment under the group insurance plan is to be elected.","order_by":null,"text":{"0":{"id":302699,"text":"No person shall act, and no insurer or licensed agent shall knowingly permit a person to act, in this Commonwealth as an agent of an insurer licensed to transact the business of insurance in this Commonwealth without first obtaining a license in a manner and in a form prescribed by the Commission. As used in this section, “act as an agent” means selling, soliciting, or negotiating contracts of insurance or annuity on behalf of an insurer licensed in this Commonwealth or receiving or sharing, directly or indirectly, any commission or other valuable consideration arising from the sale, solicitation, or negotiation of any such contract, or both. No person shall submit business to any joint underwriting association or any plan established under this title for the equitable distribution of risks among insurers unless the person holds a valid license to transact the class of insurance involved.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302700,"text":"No individual shall act as an agent on behalf of a business entity in the transaction of insurance unless he is licensed as an agent and appointed, if appointment is required by statute. No individual whose license has been revoked by the Commission, or voluntarily surrendered in lieu of a hearing before the Commission, shall directly or indirectly own and operate, control, or be employed in any manner by an insurance agent or agency during the time period in which the individual is unlicensed unless otherwise authorized by the Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":302701,"text":"No business entity may act as an agent in this Commonwealth unless licensed and appointed, if appointment is required by statute. The existence of the business entity shall be recorded pursuant to law. The Commission may require proof of the foregoing before issuing a license to the business entity.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":302702,"text":"For a nonresident business entity, a certification by the insurance department of the business entity’s home state satisfying the requirements of subsection A of § 38.2-1836 shall be deemed to satisfy the foregoing requirements.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":302703,"text":"In addition to the requirements of §§ 59.1-69 and 59.1-70, any individual or business entity conducting the business of insurance in this Commonwealth under an assumed or fictitious name shall notify the Bureau of Insurance either at the time the application for a license to do business is filed or within 30 calendar days from the date the assumed or fictitious name is adopted, setting forth the name under which such business is to be conducted.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":302704,"text":"When the business of insurance is no longer conducted under an assumed or fictitious name, notification to the Bureau of Insurance is required within 30 calendar days from the date of cessation of use of such assumed or fictitious name.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":302705,"text":"Notwithstanding any other provision in this chapter, no license shall be required of a person whose employment responsibilities include enrolling individuals under a group insurance policy, provided that such person receives no commission or other valuable consideration for such enrollments, and that such compensation is in no manner contingent upon the number of individuals enrolled or the amount of premium generated by such enrollments. As used in this subsection “enrolling individuals” means the process of informing individuals of the availability of coverages, calculating the insurance charge, assisting with completion of the enrollment application, preparing and delivering the certificate of insurance, answering questions regarding the coverages, and assisting the individual in making an informed decision whether or not enrollment under the group insurance plan is to be elected.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13204,"edition_id":1,"name":"Licensing and Appointment of Agents","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":212513,"object_type":"structure","relational_id":13204,"identifier":"3","token":"38.2\/18\/3","url":"\/38.2\/18\/3\/","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":60216,"structure_id":13204,"section_number":"38.2-1819","catch_line":"Application for license; fee required; fingerprints","url":"\/38.2-1819\/","token":"38.2\/18\/3\/38.2-1819","metadata":false},{"id":63121,"structure_id":13204,"section_number":"38.2-1820","catch_line":"Issuance of license","url":"\/38.2-1820\/","token":"38.2\/18\/3\/38.2-1820","metadata":false},{"id":73583,"structure_id":13204,"section_number":"38.2-1821","catch_line":"Revocation, etc., of license revokes appointment","url":"\/38.2-1821\/","token":"38.2\/18\/3\/38.2-1821","metadata":false},{"id":62300,"structure_id":13204,"section_number":"38.2-1821.1","catch_line":"Exceptions to licensing","url":"\/38.2-1821.1\/","token":"38.2\/18\/3\/38.2-1821.1","metadata":false},{"id":84445,"structure_id":13204,"section_number":"38.2-1822","catch_line":"License required of individual and business entity agents; individual acting for business entity licensee","url":"\/38.2-1822\/","token":"38.2\/18\/3\/38.2-1822","metadata":false},{"id":79658,"structure_id":13204,"section_number":"38.2-1823","catch_line":"Penalty for acting for insurer, joint underwriting association, etc., when not licensed","url":"\/38.2-1823\/","token":"38.2\/18\/3\/38.2-1823","metadata":false},{"id":55686,"structure_id":13204,"section_number":"38.2-1824","catch_line":"Kinds of agents' licenses and appointments issued","url":"\/38.2-1824\/","token":"38.2\/18\/3\/38.2-1824","metadata":false},{"id":54349,"structure_id":13204,"section_number":"38.2-1825","catch_line":"Duration and termination of licenses and appointments","url":"\/38.2-1825\/","token":"38.2\/18\/3\/38.2-1825","metadata":false},{"id":84643,"structure_id":13204,"section_number":"38.2-1825.1","catch_line":"Renewal application and fee; compliance with continuing education requirements; reinstatement; waiver","url":"\/38.2-1825.1\/","token":"38.2\/18\/3\/38.2-1825.1","metadata":false},{"id":68596,"structure_id":13204,"section_number":"38.2-1826","catch_line":"Requirement to report to Commission","url":"\/38.2-1826\/","token":"38.2\/18\/3\/38.2-1826","metadata":false},{"id":54213,"structure_id":13204,"section_number":"38.2-1827","catch_line":"Appointment may include one or more classes of insurance","url":"\/38.2-1827\/","token":"38.2\/18\/3\/38.2-1827","metadata":false},{"id":75319,"structure_id":13204,"section_number":"38.2-1828","catch_line":"Selling accident and sickness insurance","url":"\/38.2-1828\/","token":"38.2\/18\/3\/38.2-1828","metadata":false},{"id":79474,"structure_id":13204,"section_number":"38.2-1829","catch_line":"Repealed","url":"\/38.2-1829\/","token":"38.2\/18\/3\/38.2-1829","metadata":false},{"id":65697,"structure_id":13204,"section_number":"38.2-1830","catch_line":"Temporary licenses and appointments; when issued","url":"\/38.2-1830\/","token":"38.2\/18\/3\/38.2-1830","metadata":false},{"id":75184,"structure_id":13204,"section_number":"38.2-1831","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1831\/","token":"38.2\/18\/3\/38.2-1831","metadata":false},{"id":72773,"structure_id":13204,"section_number":"38.2-1832","catch_line":"Refusal to issue and revocation of license; hearing; new application","url":"\/38.2-1832\/","token":"38.2\/18\/3\/38.2-1832","metadata":false},{"id":56139,"structure_id":13204,"section_number":"38.2-1833","catch_line":"Appointments of agents","url":"\/38.2-1833\/","token":"38.2\/18\/3\/38.2-1833","metadata":false},{"id":75796,"structure_id":13204,"section_number":"38.2-1834","catch_line":"Duration of appointment; annual renewal of agent's appointment","url":"\/38.2-1834\/","token":"38.2\/18\/3\/38.2-1834","metadata":false},{"id":56315,"structure_id":13204,"section_number":"38.2-1834.1","catch_line":"Notification to Commission of termination; notice to agent; immunities; confidentiality; penalties","url":"\/38.2-1834.1\/","token":"38.2\/18\/3\/38.2-1834.1","metadata":false},{"id":60737,"structure_id":13204,"section_number":"38.2-1835","catch_line":"Failure to appoint","url":"\/38.2-1835\/","token":"38.2\/18\/3\/38.2-1835","metadata":false},{"id":67300,"structure_id":13204,"section_number":"38.2-1836","catch_line":"Licensing nonresidents; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1836\/","token":"38.2\/18\/3\/38.2-1836","metadata":false},{"id":74099,"structure_id":13204,"section_number":"38.2-1836.1","catch_line":"Authority of Commission to delegate certain functions","url":"\/38.2-1836.1\/","token":"38.2\/18\/3\/38.2-1836.1","metadata":false}],"previous_section":{"id":62300,"structure_id":13204,"section_number":"38.2-1821.1","catch_line":"Exceptions to licensing","url":"\/38.2-1821.1\/","token":"38.2\/18\/3\/38.2-1821.1","metadata":false},"next_section":{"id":79658,"structure_id":13204,"section_number":"38.2-1823","catch_line":"Penalty for acting for insurer, joint underwriting association, etc., when not licensed","url":"\/38.2-1823\/","token":"38.2\/18\/3\/38.2-1823","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1822\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 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 1956, chapter 172; in 1979, chapter 513; in 1980, chapter 581; in 1981, chapter 604; in 1985, chapter 616; in 1986, chapter 562; in 1987, chapter 521; in 1989, chapter 435; in 1991, chapter 88; in 1994, chapter 316<\/a>; in 1997, chapter 583<\/a>; in 1999, chapter 586<\/a>; in 2001, chapter 706<\/a>; in 2002, chapter 456<\/a>; in 2008, chapter 213<\/a>; in 2013, chapter 212<\/a>.<\/p>","references":[{"id":79658,"section_number":"38.2-1823","catch_line":"Penalty for acting for insurer, joint underwriting association, etc., when not licensed","order_by":null,"url":"\/38.2-1823\/"}],"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\/"},{"id":63628,"section_number":"59.1-69","catch_line":"Certificate required of person transacting business under assumed name","order_by":null,"url":"\/59.1-69\/"},{"id":54459,"section_number":"59.1-70","catch_line":"Filing a certificate with State Corporation Commission; fee","order_by":null,"url":"\/59.1-70\/"}],"permalink":{"id":212531,"object_type":"law","relational_id":84445,"identifier":"38.2-1822","token":"38.2\/18\/3\/38.2-1822","url":"\/38.2-1822\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1822\/","token":"38.2\/18\/3\/38.2-1822","dublin_core":{"Title":"License required of individual and business entity agents; individual acting for business entity licensee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1822","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person<\/span> shall act, and no insurer<\/span> or licensed agent shall knowingly permit a person<\/span> to act, in this Commonwealth as an agent of an insurer<\/span> licensed to transact the business of insurance<\/span> in this Commonwealth without first obtaining a license<\/span> in a manner and in a form prescribed by the Commission<\/span>. As used in this section, “act as an agent<\/span>” means selling, soliciting, or negotiating contracts<\/span> of insurance<\/span> or annuity on behalf of an insurer<\/span> licensed in this Commonwealth or receiving or sharing, directly or indirectly, any commission<\/span> or other valuable consideration arising from the sale, solicitation, or negotiation of any such contract<\/span>, or both. No person<\/span> shall submit business to any joint underwriting association or any plan established under this title for the equitable distribution<\/span> of risks among insurers<\/span> unless the person<\/span> holds a valid license<\/span> to transact the class of insurance<\/span> involved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No individual shall act as an agent<\/span> on behalf of a business entity<\/span> in the transaction of insurance<\/span> unless he is licensed as an agent and appointed, if appointment is required by statute<\/span>. No individual whose license<\/span> has been revoked by the Commission<\/span>, or voluntarily surrendered in lieu of a hearing<\/span> before the Commission<\/span>, shall directly or indirectly own and operate, control, or be employed in any manner by an insurance<\/span> agent or agency during the time period in which the individual is unlicensed unless otherwise authorized by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No business entity<\/span> may act as an agent<\/span> in this Commonwealth unless licensed and appointed, if appointment is required by statute<\/span>. The existence of the business entity<\/span> shall be recorded pursuant to law<\/span>. The Commission<\/span> may require proof of the foregoing before issuing a license<\/span> to the business entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For a nonresident business entity<\/span>, a certification by the insurance<\/span> department of the business entity<\/span>’s home state<\/span> satisfying the requirements of subsection A of § 38.2-1836<\/a> shall be deemed to satisfy the foregoing requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to the requirements of §§ 59.1-69<\/a> and 59.1-70<\/a>, any individual or business entity<\/span> conducting the business of insurance in this Commonwealth under an assumed or fictitious name shall notify the Bureau of Insurance<\/span> either at the time the application for a license<\/span> to do business is filed<\/span> or within 30 calendar days from the date the assumed or fictitious name is adopted, setting forth the name under which such business is to be conducted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When the business of insurance is no longer conducted under an assumed or fictitious name, notification to the Bureau of Insurance<\/span> is required within 30 calendar days from the date of cessation of use of such assumed or fictitious name. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any other provision in this chapter, no license<\/span> shall be required of a person<\/span> whose employment responsibilities include enrolling individuals<\/span> under a group insurance policy, provided that such person<\/span> receives no commission<\/span> or other valuable consideration for such enrollments, and that such compensation is in no manner contingent upon the number of individuals enrolled or the amount of premium generated by such enrollments. As used in this subsection “enrolling individuals<\/span>” means the process of informing individuals of the availability of coverages, calculating the insurance charge, assisting with completion of the enrollment application, preparing and delivering the certificate of insurance, answering questions regarding the coverages, and assisting the individual in making an informed decision whether or not enrollment under the group insurance plan is to be elected. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSE REQUIRED OF INDIVIDUAL AND BUSINESS ENTITY AGENTS; INDIVIDUAL ACTING FOR\nBUSINESS ENTITY LICENSEE (\u00a7 38.2-1822)\n\nA. No person shall act, and no insurer or licensed agent shall knowingly permit\na person to act, in this Commonwealth as an agent of an insurer licensed to\ntransact the business of insurance in this Commonwealth without first obtaining\na license in a manner and in a form prescribed by the Commission. As used in\nthis section, “act as an agent” means selling, soliciting, or\nnegotiating contracts of insurance or annuity on behalf of an insurer licensed\nin this Commonwealth or receiving or sharing, directly or indirectly, any\ncommission or other valuable consideration arising from the sale, solicitation,\nor negotiation of any such contract, or both. No person shall submit business to\nany joint underwriting association or any plan established under this title for\nthe equitable distribution of risks among insurers unless the person holds a\nvalid license to transact the class of insurance involved.\n\nB. No individual shall act as an agent on behalf of a business entity in the\ntransaction of insurance unless he is licensed as an agent and appointed, if\nappointment is required by statute. No individual whose license has been revoked\nby the Commission, or voluntarily surrendered in lieu of a hearing before the\nCommission, shall directly or indirectly own and operate, control, or be\nemployed in any manner by an insurance agent or agency during the time period in\nwhich the individual is unlicensed unless otherwise authorized by the\nCommission.\n\nC. No business entity may act as an agent in this Commonwealth unless licensed\nand appointed, if appointment is required by statute. The existence of the\nbusiness entity shall be recorded pursuant to law. The Commission may require\nproof of the foregoing before issuing a license to the business entity.\n\nD. For a nonresident business entity, a certification by the insurance\ndepartment of the business entity’s home state satisfying the requirements\nof subsection A of § 38.2-1836 shall be deemed to satisfy the foregoing\nrequirements.\n\nE. In addition to the requirements of §§ 59.1-69 and 59.1-70, any\nindividual or business entity conducting the business of insurance in this\nCommonwealth under an assumed or fictitious name shall notify the Bureau of\nInsurance either at the time the application for a license to do business is\nfiled or within 30 calendar days from the date the assumed or fictitious name is\nadopted, setting forth the name under which such business is to be conducted.\n\nF. When the business of insurance is no longer conducted under an assumed or\nfictitious name, notification to the Bureau of Insurance is required within 30\ncalendar days from the date of cessation of use of such assumed or fictitious\nname.\n\nG. Notwithstanding any other provision in this chapter, no license shall be\nrequired of a person whose employment responsibilities include enrolling\nindividuals under a group insurance policy, provided that such person receives\nno commission or other valuable consideration for such enrollments, and that\nsuch compensation is in no manner contingent upon the number of individuals\nenrolled or the amount of premium generated by such enrollments. As used in this\nsubsection “enrolling individuals” means the process of informing\nindividuals of the availability of coverages, calculating the insurance charge,\nassisting with completion of the enrollment application, preparing and\ndelivering the certificate of insurance, answering questions regarding the\ncoverages, and assisting the individual in making an informed decision whether\nor not enrollment under the group insurance plan is to be elected.\n\nHISTORY: Code 1950, \u00a7 38.1-302; 1952, c. 317; 1956, c. 172; 1979, c. 513, \u00a7\n38.1-327.33; 1980, c. 581; 1981, c. 604; 1985, c. 616; 1986, c. 562; 1987, c.\n521; 1989, c. 435; 1991, c. 88; 1994, c. 316; 1997, c. 583; 1999, c. 586; 2001,\nc. 706; 2002, c. 456; 2008, c. 213; 2013, c. 212.","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}}