{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1857.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1857.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1857.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1857.2.html"}],"law_id":55063,"edition_id":1,"section_id":55063,"structure_id":13988,"section_number":"38.2-1857.2","catch_line":"Applications for surplus lines broker license; fee required; fingerprinting","history":"2001, c. 706; 2008, c. 213; 2011, c. 498; 2016, c. 552; 2018, c. 131; 2019, c. 675.","full_text":"A\n\nEvery original applicant for a surplus lines broker license shall apply for such license in a form and manner prescribed by the Commission, and containing any information the Commission requires. Each applicant shall, at the time of applying for a license, pay a nonrefundable application processing fee in an amount and in a manner prescribed by the Commission. The prescribed application fee shall be collected by the Commission and paid directly into the state treasury and credited to the fund for the maintenance of the Bureau of Insurance as provided in subsection B of &#xA7; 38.2-400.B\n\nEach applicant for a surplus lines broker license shall, at the time of applying for a new license, be fingerprinted in a form and manner prescribed by the Commission and shall provide personal descriptive information to be forwarded along with the applicant&#8217;s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The results of the state and national records search shall be forwarded to the Commissioner or the Commissioner&#8217;s designee, who shall be an employee of the Commission. The cost of fingerprinting and the criminal history record check shall be paid by the applicant. If an applicant&#8217;s application for a license is denied, the Commission shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant upon request. The information provided to the Commission shall not be disseminated except as provided in this subsection.C\n\nPrior to issuance of a license, the applicant shall file with the Commission a certification or attestation that the applicant has, and thereafter shall keep in force for as long as the license remains in effect, a bond in favor of the Commonwealth in the amount of $25,000 with corporate sureties licensed by the Commission. The bond shall be conditioned that the broker will conduct business under the license in accordance with the provisions of the surplus lines insurance law and that he will promptly remit the taxes provided by such law. The bond shall not be terminated unless at least 30 calendar days&#8217; prior written notice of the termination is filed with the Commission. If, prior to the expiration date of the bond, the licensed surplus lines broker fails to file with the Commission a certification or attestation that a new bond satisfying the requirements of this section has been put into effect, the surplus lines broker license shall terminate and the licensee shall be required to apply for a new surplus lines broker license.D\n\nNotwithstanding any other provisions of this title, a person licensed as a surplus lines broker in his home state, as defined in &#xA7; 38.2-1800, shall receive a nonresident surplus lines broker license subject to meeting the requirements set forth in &#xA7; 38.2-1857.9.E\n\nExcept where prohibited by state or federal law, by submitting an application for license, the applicant shall be deemed to have appointed the clerk of the Commission as the agent for service of process on the applicant in any action or proceeding arising in the Commonwealth out of or in connection with the exercise of the license. Such appointment of the clerk of the Commission as agent for service of process shall be irrevocable during the period within which a cause of action against the applicant may arise out of transactions with respect to subjects of insurance in the Commonwealth. Service of process on the clerk of the Commission shall conform to the provisions of Chapter 8 (&#xA7; 38.2-800 et seq.).F\n\nA business entity acting as a surplus lines broker is required to obtain a surplus lines broker license. In addition to the other requirements in this section, and before approving the application, the Commission shall find that:1\n\nThe business entity has paid the fee set forth in subsection A; and2\n\nIf:\n\t\t\t\ta. A resident of the Commonwealth, the business entity has designated an employee, officer, director, manager, member, or partner to serve as the licensed Virginia Property and Casualty insurance agent to be responsible for the business entity&#8217;s compliance with the insurance laws, rules and regulations of the Commonwealth; or\n\t\t\t\tb. Not a resident of the Commonwealth, the business entity has designated an employee, officer, director, manager, member, or partner licensed in his home state to be responsible for the business entity&#8217;s compliance with the insurance laws, rules and regulations of the Commonwealth.G\n\nThe Commission may require any documents reasonably necessary to verify the information contained in an application.","order_by":null,"text":{"0":{"id":201941,"text":"Every original applicant for a surplus lines broker license shall apply for such license in a form and manner prescribed by the Commission, and containing any information the Commission requires. Each applicant shall, at the time of applying for a license, pay a nonrefundable application processing fee in an amount and in a manner prescribed by the Commission. The prescribed application fee shall be collected by the Commission and paid directly into the state treasury and credited to the fund for the maintenance of the Bureau of Insurance as provided in subsection B of &#xA7; 38.2-400.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201942,"text":"Each applicant for a surplus lines broker license shall, at the time of applying for a new license, be fingerprinted in a form and manner prescribed by the Commission and shall provide personal descriptive information to be forwarded along with the applicant&#8217;s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The results of the state and national records search shall be forwarded to the Commissioner or the Commissioner&#8217;s designee, who shall be an employee of the Commission. The cost of fingerprinting and the criminal history record check shall be paid by the applicant. If an applicant&#8217;s application for a license is denied, the Commission shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant upon request. The information provided to the Commission shall not be disseminated except as provided in this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201943,"text":"Prior to issuance of a license, the applicant shall file with the Commission a certification or attestation that the applicant has, and thereafter shall keep in force for as long as the license remains in effect, a bond in favor of the Commonwealth in the amount of $25,000 with corporate sureties licensed by the Commission. The bond shall be conditioned that the broker will conduct business under the license in accordance with the provisions of the surplus lines insurance law and that he will promptly remit the taxes provided by such law. The bond shall not be terminated unless at least 30 calendar days&#8217; prior written notice of the termination is filed with the Commission. If, prior to the expiration date of the bond, the licensed surplus lines broker fails to file with the Commission a certification or attestation that a new bond satisfying the requirements of this section has been put into effect, the surplus lines broker license shall terminate and the licensee shall be required to apply for a new surplus lines broker license.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201944,"text":"Notwithstanding any other provisions of this title, a person licensed as a surplus lines broker in his home state, as defined in &#xA7; 38.2-1800, shall receive a nonresident surplus lines broker license subject to meeting the requirements set forth in &#xA7; 38.2-1857.9.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":201945,"text":"Except where prohibited by state or federal law, by submitting an application for license, the applicant shall be deemed to have appointed the clerk of the Commission as the agent for service of process on the applicant in any action or proceeding arising in the Commonwealth out of or in connection with the exercise of the license. Such appointment of the clerk of the Commission as agent for service of process shall be irrevocable during the period within which a cause of action against the applicant may arise out of transactions with respect to subjects of insurance in the Commonwealth. Service of process on the clerk of the Commission shall conform to the provisions of Chapter 8 (&#xA7; 38.2-800 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":201946,"text":"A business entity acting as a surplus lines broker is required to obtain a surplus lines broker license. In addition to the other requirements in this section, and before approving the application, the Commission shall find that:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":201947,"text":"The business entity has paid the fee set forth in subsection A; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":201948,"text":"If:\n\t\t\t\ta. A resident of the Commonwealth, the business entity has designated an employee, officer, director, manager, member, or partner to serve as the licensed Virginia Property and Casualty insurance agent to be responsible for the business entity&#8217;s compliance with the insurance laws, rules and regulations of the Commonwealth; or\n\t\t\t\tb. Not a resident of the Commonwealth, the business entity has designated an employee, officer, director, manager, member, or partner licensed in his home state to be responsible for the business entity&#8217;s compliance with the insurance laws, rules and regulations of the Commonwealth.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"8":{"id":201949,"text":"The Commission may require any documents reasonably necessary to verify the information contained in an application.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2"}},"ancestry":[{"id":13988,"edition_id":1,"name":"Licensing of Surplus Lines Brokers","identifier":"5.1","label":"article","depth":3,"order_by":1,"parent_id":13203,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":212741,"object_type":"structure","relational_id":13988,"identifier":"5.1","token":"38.2\/18\/5.1","url":"\/38.2\/18\/5.1\/","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":63256,"structure_id":13988,"section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from eligible nonadmitted insurers","url":"\/38.2-1857.1\/","token":"38.2\/18\/5.1\/38.2-1857.1","metadata":false},{"id":55063,"structure_id":13988,"section_number":"38.2-1857.2","catch_line":"Applications for surplus lines broker license; fee required; fingerprinting","url":"\/38.2-1857.2\/","token":"38.2\/18\/5.1\/38.2-1857.2","metadata":false},{"id":79613,"structure_id":13988,"section_number":"38.2-1857.3","catch_line":"Repealed","url":"\/38.2-1857.3\/","token":"38.2\/18\/5.1\/38.2-1857.3","metadata":false},{"id":55432,"structure_id":13988,"section_number":"38.2-1857.4:1","catch_line":"Renewal application and fee; reinstatement; waiver","url":"\/38.2-1857.4_1\/","token":"38.2\/18\/5.1\/38.2-1857.4_1","metadata":false},{"id":86940,"structure_id":13988,"section_number":"38.2-1857.5","catch_line":"Requirement to report to Commission","url":"\/38.2-1857.5\/","token":"38.2\/18\/5.1\/38.2-1857.5","metadata":false},{"id":60358,"structure_id":13988,"section_number":"38.2-1857.6","catch_line":"Accepting and placing surplus lines business","url":"\/38.2-1857.6\/","token":"38.2\/18\/5.1\/38.2-1857.6","metadata":false},{"id":82459,"structure_id":13988,"section_number":"38.2-1857.7","catch_line":"Grounds for placing on probation, refusal to issue or renew, revocation, or suspension of license","url":"\/38.2-1857.7\/","token":"38.2\/18\/5.1\/38.2-1857.7","metadata":false},{"id":58784,"structure_id":13988,"section_number":"38.2-1857.8","catch_line":"Refusal to issue and revocation of license; hearing; new application","url":"\/38.2-1857.8\/","token":"38.2\/18\/5.1\/38.2-1857.8","metadata":false},{"id":61893,"structure_id":13988,"section_number":"38.2-1857.9","catch_line":"Licensing nonresidents; clerk of the Commission to be appointed agent for service of process; reciprocal agreements with other states and Canadian provinces","url":"\/38.2-1857.9\/","token":"38.2\/18\/5.1\/38.2-1857.9","metadata":false}],"previous_section":{"id":63256,"structure_id":13988,"section_number":"38.2-1857.1","catch_line":"Property and casualty insurance agents may be licensed as surplus lines brokers for certain insurance from eligible nonadmitted insurers","url":"\/38.2-1857.1\/","token":"38.2\/18\/5.1\/38.2-1857.1","metadata":false},"next_section":{"id":79613,"structure_id":13988,"section_number":"38.2-1857.3","catch_line":"Repealed","url":"\/38.2-1857.3\/","token":"38.2\/18\/5.1\/38.2-1857.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1857.2\/","history_text":"<p>This law was first created in 2001. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0706\">706<\/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 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 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0213\">213<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0498\">498<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0552\">552<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0131\">131<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0675\">675<\/a>.<\/p>","references":[{"id":86940,"section_number":"38.2-1857.5","catch_line":"Requirement to report to Commission","order_by":null,"url":"\/38.2-1857.5\/"}],"refers_to":[{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":54065,"section_number":"38.2-800","catch_line":"Definition","order_by":null,"url":"\/38.2-800\/"}],"permalink":{"id":212747,"object_type":"law","relational_id":55063,"identifier":"38.2-1857.2","token":"38.2\/18\/5.1\/38.2-1857.2","url":"\/38.2-1857.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1857.2\/","token":"38.2\/18\/5.1\/38.2-1857.2","dublin_core":{"Title":"Applications for surplus lines broker license; fee required; fingerprinting","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1857.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Every original applicant for a <span class=\"dictionary\">surplus lines broker<\/span> <span class=\"dictionary\">license<\/span> shall apply for such <span class=\"dictionary\">license<\/span> in a form and manner prescribed by the <span class=\"dictionary\">Commission<\/span>, and containing any information the <span class=\"dictionary\">Commission<\/span> requires. Each applicant shall, at the time of applying for a <span class=\"dictionary\">license<\/span>, pay a nonrefundable application processing fee in an amount and in a manner prescribed by the <span class=\"dictionary\">Commission<\/span>. The prescribed application fee shall be collected by the <span class=\"dictionary\">Commission<\/span> and paid directly into the <span class=\"dictionary\">state<\/span> treasury and credited to the fund for the maintenance of the <span class=\"dictionary\">Bureau of Insurance<\/span> as provided in subsection B of &#xA7; <a class=\"law\" title=\"Expense of administration of insurance laws borne by licensees; minimum contribution\" href=\"\/38.2-400\/\">38.2-400<\/a>. <a id=\"paragraph-201941\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#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> Each applicant for a <span class=\"dictionary\">surplus lines broker<\/span> <span class=\"dictionary\">license<\/span> shall, at the time of applying for a new <span class=\"dictionary\">license<\/span>, be fingerprinted in a form and manner prescribed by the <span class=\"dictionary\">Commission<\/span> and shall provide personal descriptive information to be forwarded along with the applicant&#8217;s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The results of the <span class=\"dictionary\">state<\/span> and national records search shall be forwarded to the <span class=\"dictionary\">Commissioner<\/span> or the <span class=\"dictionary\">Commissioner<\/span>&#8217;s designee, who shall be an employee of the <span class=\"dictionary\">Commission<\/span>. The cost of fingerprinting and the criminal history record check shall be paid by the applicant. If an applicant&#8217;s application for a <span class=\"dictionary\">license<\/span> is denied, the <span class=\"dictionary\">Commission<\/span> shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant upon request. The information provided to the <span class=\"dictionary\">Commission<\/span> shall not be disseminated except as provided in this subsection. <a id=\"paragraph-201942\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#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> Prior to issuance of a <span class=\"dictionary\">license<\/span>, the applicant shall file with the <span class=\"dictionary\">Commission<\/span> a certification or attestation that the applicant has, and thereafter shall keep in force for as long as the <span class=\"dictionary\">license<\/span> remains in effect, a <span class=\"dictionary\">bond<\/span> in favor of the Commonwealth in the amount of $25,000 with corporate sureties licensed by the <span class=\"dictionary\">Commission<\/span>. The <span class=\"dictionary\">bond<\/span> shall be conditioned that the broker will conduct business under the <span class=\"dictionary\">license<\/span> in accordance with the provisions of the surplus lines insurance <span class=\"dictionary\">law<\/span> and that he will promptly remit the taxes provided by such <span class=\"dictionary\">law<\/span>. The <span class=\"dictionary\">bond<\/span> shall not be terminated unless at least 30 calendar days&#8217; prior written notice of the termination is <span class=\"dictionary\">filed<\/span> with the <span class=\"dictionary\">Commission<\/span>. If, prior to the expiration date of the <span class=\"dictionary\">bond<\/span>, the licensed <span class=\"dictionary\">surplus lines broker<\/span> fails to file with the <span class=\"dictionary\">Commission<\/span> a certification or attestation that a new <span class=\"dictionary\">bond<\/span> satisfying the requirements of this section has been put into effect, the <span class=\"dictionary\">surplus lines broker<\/span> <span class=\"dictionary\">license<\/span> shall <span class=\"dictionary\">terminate<\/span> and the licensee shall be required to apply for a new <span class=\"dictionary\">surplus lines broker<\/span> <span class=\"dictionary\">license<\/span>. <a id=\"paragraph-201943\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#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> Notwithstanding any other provisions of this title, a <span class=\"dictionary\">person<\/span> licensed as a <span class=\"dictionary\">surplus lines broker<\/span> in his <span class=\"dictionary\">home state<\/span>, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/38.2-1800\/\">38.2-1800<\/a>, shall receive a nonresident <span class=\"dictionary\">surplus lines broker<\/span> <span class=\"dictionary\">license<\/span> subject to meeting the requirements set forth in &#xA7; <a class=\"law\" title=\"Licensing nonresidents; clerk of the Commission to be appointed agent for service of process; reciprocal agreements with other states and Canadian provinces\" href=\"\/38.2-1857.9\/\">38.2-1857.9<\/a>. <a id=\"paragraph-201944\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#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> Except where prohibited by state or federal <span class=\"dictionary\">law<\/span>, by submitting an application for <span class=\"dictionary\">license<\/span>, the applicant shall be deemed to have appointed the clerk of the <span class=\"dictionary\">Commission<\/span> as the agent for <span class=\"dictionary\">service of process<\/span> on the applicant in any action or proceeding arising in the Commonwealth out of or in connection with the exercise of the <span class=\"dictionary\">license<\/span>. Such appointment of the clerk of the <span class=\"dictionary\">Commission<\/span> as agent for <span class=\"dictionary\">service of process<\/span> shall be irrevocable during the period within which a <span class=\"dictionary\">cause of action<\/span> against the applicant may arise out of transactions with respect to subjects of insurance in the Commonwealth. <span class=\"dictionary\">Service of process<\/span> on the clerk of the <span class=\"dictionary\">Commission<\/span> shall conform to the provisions of Chapter 8 (&#xA7; <a class=\"law\" title=\"Definition\" href=\"\/38.2-800\/\">38.2-800<\/a> et seq.). <a id=\"paragraph-201945\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#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> A <span class=\"dictionary\">business entity<\/span> acting as a <span class=\"dictionary\">surplus lines broker<\/span> is required to obtain a <span class=\"dictionary\">surplus lines broker<\/span> <span class=\"dictionary\">license<\/span>. In addition to the other requirements in this section, and before approving the application, the <span class=\"dictionary\">Commission<\/span> shall find that: <a id=\"paragraph-201946\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">business entity<\/span> has paid the fee set forth in subsection A; and <a id=\"paragraph-201947\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If:\n\t\t\t\ta. A <span class=\"dictionary\">resident<\/span> of the Commonwealth, the <span class=\"dictionary\">business entity<\/span> has designated an employee, officer, director, manager, member, or partner to serve as the licensed Virginia <span class=\"dictionary\">Property and Casualty insurance agent<\/span> to be responsible for the <span class=\"dictionary\">business entity<\/span>&#8217;s compliance with the insurance <span class=\"dictionary\">laws<\/span>, rules and regulations of the Commonwealth; or\n\t\t\t\tb. Not a <span class=\"dictionary\">resident<\/span> of the Commonwealth, the <span class=\"dictionary\">business entity<\/span> has designated an employee, officer, director, manager, member, or partner licensed in his <span class=\"dictionary\">home state<\/span> to be responsible for the <span class=\"dictionary\">business entity<\/span>&#8217;s compliance with the insurance <span class=\"dictionary\">laws<\/span>, rules and regulations of the Commonwealth. <a id=\"paragraph-201948\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#F2\"><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> The <span class=\"dictionary\">Commission<\/span> may require any documents reasonably necessary to verify the information contained in an application. <a id=\"paragraph-201949\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-1857.2\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAPPLICATIONS FOR SURPLUS LINES BROKER LICENSE; FEE REQUIRED; FINGERPRINTING (\u00a7\n38.2-1857.2)\n\nA. Every original applicant for a surplus lines broker license shall apply for\nsuch license in a form and manner prescribed by the Commission, and containing\nany information the Commission requires. Each applicant shall, at the time of\napplying for a license, pay a nonrefundable application processing fee in an\namount and in a manner prescribed by the Commission. The prescribed application\nfee shall be collected by the Commission and paid directly into the state\ntreasury and credited to the fund for the maintenance of the Bureau of Insurance\nas provided in subsection B of &#xA7; 38.2-400.\n\nB. Each applicant for a surplus lines broker license shall, at the time of\napplying for a new license, be fingerprinted in a form and manner prescribed by\nthe Commission and shall provide personal descriptive information to be\nforwarded along with the applicant&#8217;s fingerprints through the Central\nCriminal Records Exchange to the Federal Bureau of Investigation for the purpose\nof obtaining criminal history record information regarding such applicant. The\nresults of the state and national records search shall be forwarded to the\nCommissioner or the Commissioner&#8217;s designee, who shall be an employee of\nthe Commission. The cost of fingerprinting and the criminal history record check\nshall be paid by the applicant. If an applicant&#8217;s application for a\nlicense is denied, the Commission shall provide a copy of the information\nobtained from the Central Criminal Records Exchange to the applicant upon\nrequest. The information provided to the Commission shall not be disseminated\nexcept as provided in this subsection.\n\nC. Prior to issuance of a license, the applicant shall file with the Commission\na certification or attestation that the applicant has, and thereafter shall keep\nin force for as long as the license remains in effect, a bond in favor of the\nCommonwealth in the amount of $25,000 with corporate sureties licensed by the\nCommission. The bond shall be conditioned that the broker will conduct business\nunder the license in accordance with the provisions of the surplus lines\ninsurance law and that he will promptly remit the taxes provided by such law.\nThe bond shall not be terminated unless at least 30 calendar days&#8217; prior\nwritten notice of the termination is filed with the Commission. If, prior to the\nexpiration date of the bond, the licensed surplus lines broker fails to file\nwith the Commission a certification or attestation that a new bond satisfying\nthe requirements of this section has been put into effect, the surplus lines\nbroker license shall terminate and the licensee shall be required to apply for a\nnew surplus lines broker license.\n\nD. Notwithstanding any other provisions of this title, a person licensed as a\nsurplus lines broker in his home state, as defined in &#xA7; 38.2-1800, shall\nreceive a nonresident surplus lines broker license subject to meeting the\nrequirements set forth in &#xA7; 38.2-1857.9.\n\nE. Except where prohibited by state or federal law, by submitting an application\nfor license, the applicant shall be deemed to have appointed the clerk of the\nCommission as the agent for service of process on the applicant in any action or\nproceeding arising in the Commonwealth out of or in connection with the exercise\nof the license. Such appointment of the clerk of the Commission as agent for\nservice of process shall be irrevocable during the period within which a cause\nof action against the applicant may arise out of transactions with respect to\nsubjects of insurance in the Commonwealth. Service of process on the clerk of\nthe Commission shall conform to the provisions of Chapter 8 (&#xA7; 38.2-800 et\nseq.).\n\nF. A business entity acting as a surplus lines broker is required to obtain a\nsurplus lines broker license. In addition to the other requirements in this\nsection, and before approving the application, the Commission shall find that:\n\n   1. The business entity has paid the fee set forth in subsection A; and\n\n   2. If:\n   \t\t\t\ta. A resident of the Commonwealth, the business entity has designated an\n   employee, officer, director, manager, member, or partner to serve as the\n   licensed Virginia Property and Casualty insurance agent to be responsible for\n   the business entity&#8217;s compliance with the insurance laws, rules and\n   regulations of the Commonwealth; or\n   \t\t\t\tb. Not a resident of the Commonwealth, the business entity has designated\n   an employee, officer, director, manager, member, or partner licensed in his\n   home state to be responsible for the business entity&#8217;s compliance with\n   the insurance laws, rules and regulations of the Commonwealth.\n\nG. The Commission may require any documents reasonably necessary to verify the\ninformation contained in an application.\n\nHISTORY: 2001, c. 706; 2008, c. 213; 2011, c. 498; 2016, c. 552; 2018, c. 131;\n2019, c. 675.","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}}