{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-1857.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-1857.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-1857.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-1857.9.html"}],"law_id":61893,"edition_id":1,"section_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","history":"2001, c. 706; 2008, c. 213; 2011, c. 498; 2019, c. 675.","full_text":"A\n\nAn individual or business entity who is not a resident as defined in \u00a7 38.2-1800, but who is a resident of another state, territory, or province of Canada, shall receive a nonresident surplus lines broker license if:1\n\nThe applicant presents proof in a form acceptable to the Commission that the applicant is currently licensed or otherwise authorized as a resident surplus lines broker and is in good standing in his home state;2\n\nThe applicant has submitted the proper application for licensure, or in lieu thereof has submitted a copy of the application for a Surplus Lines Broker license submitted to the home state, and has paid the fees prescribed by the Commission; and3\n\nThe applicant’s home state issues nonresident surplus lines broker licenses to residents of the Commonwealth on the same basis, or will permit a resident of the Commonwealth to act as a surplus lines broker in such state without requiring a license.B\n\nFor the purposes of this article, any individual whose place of residence and place of business are in a city or town located partly within the Commonwealth and partly within another state may be considered as meeting the requirements as a resident of the Commonwealth, provided the other state has established by law or regulation similar requirements as to residence of such individuals.C\n\nThe Commission may enter into a reciprocal agreement with an appropriate official of any other state or province of Canada if such an agreement is required in order for a Virginia resident to be similarly licensed as a nonresident in that state or province.D\n\nThe Commission may verify the surplus lines broker’s licensing status through the Producer Database maintained by the NAIC, its affiliates or subsidiaries.E\n\nA nonresident surplus lines broker who moves from one state or province to another state or province shall file a change of address within 30 calendar days of the change of legal residence. No fee or license application is required.F\n\nAny licenses issued to nonresidents pursuant to this section shall be terminated at any time that the nonresident’s equivalent authority in his home state is terminated, suspended, or revoked.G\n\nAs used in this section, “home state” has the same meaning that is ascribed to the term in § 38.2-1800.","order_by":null,"text":{"0":{"id":225965,"text":"An individual or business entity who is not a resident as defined in \u00a7 38.2-1800, but who is a resident of another state, territory, or province of Canada, shall receive a nonresident surplus lines broker license if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":225966,"text":"The applicant presents proof in a form acceptable to the Commission that the applicant is currently licensed or otherwise authorized as a resident surplus lines broker and is in good standing in his home state;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":225967,"text":"The applicant has submitted the proper application for licensure, or in lieu thereof has submitted a copy of the application for a Surplus Lines Broker license submitted to the home state, and has paid the fees prescribed by the Commission; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":225968,"text":"The applicant’s home state issues nonresident surplus lines broker licenses to residents of the Commonwealth on the same basis, or will permit a resident of the Commonwealth to act as a surplus lines broker in such state without requiring a license.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":225969,"text":"For the purposes of this article, any individual whose place of residence and place of business are in a city or town located partly within the Commonwealth and partly within another state may be considered as meeting the requirements as a resident of the Commonwealth, provided the other state has established by law or regulation similar requirements as to residence of such individuals.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":225970,"text":"The Commission may enter into a reciprocal agreement with an appropriate official of any other state or province of Canada if such an agreement is required in order for a Virginia resident to be similarly licensed as a nonresident in that state or province.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":225971,"text":"The Commission may verify the surplus lines broker’s licensing status through the Producer Database maintained by the NAIC, its affiliates or subsidiaries.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":225972,"text":"A nonresident surplus lines broker who moves from one state or province to another state or province shall file a change of address within 30 calendar days of the change of legal residence. No fee or license application is required.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":225973,"text":"Any licenses issued to nonresidents pursuant to this section shall be terminated at any time that the nonresident’s equivalent authority in his home state is terminated, suspended, or revoked.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":225974,"text":"As used in this section, “home state” has the same meaning that is ascribed to the term in § 38.2-1800.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1857.9\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 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 3 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 213<\/a>; in 2011, chapter 498<\/a>; in 2019, chapter 675<\/a>.<\/p>","references":false,"refers_to":[{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"}],"permalink":{"id":212775,"object_type":"law","relational_id":61893,"identifier":"38.2-1857.9","token":"38.2\/18\/5.1\/38.2-1857.9","url":"\/38.2-1857.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-1857.9\/","token":"38.2\/18\/5.1\/38.2-1857.9","dublin_core":{"Title":"Licensing nonresidents; clerk of the Commission to be appointed agent for service of process; reciprocal agreements with other states and Canadian provinces","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1857.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An individual or business entity<\/span> who is not a resident<\/span> as defined in \u00a7 38.2-1800<\/a>, but who is a resident<\/span> of another state<\/span>, territory, or province of Canada, shall receive a nonresident surplus lines broker<\/span> license<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The applicant presents proof in a form acceptable to the Commission<\/span> that the applicant is currently licensed or otherwise authorized as a resident<\/span> surplus lines broker<\/span> and is in good standing in his home state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The applicant has submitted the proper application for licensure, or in lieu thereof has submitted a copy of the application for a Surplus Lines Broker<\/span> license<\/span> submitted to the home state<\/span>, and has paid the fees prescribed by the Commission<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The applicant’s home state<\/span> issues<\/span> nonresident surplus lines broker<\/span> licenses<\/span> to residents<\/span> of the Commonwealth on the same basis, or will permit a resident<\/span> of the Commonwealth to act as a surplus lines broker<\/span> in such state without requiring a license<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this article, any individual whose place of residence and place of business are in a city or town located partly within the Commonwealth and partly within another state may be considered as meeting the requirements as a resident<\/span> of the Commonwealth, provided the other state has established by law<\/span> or regulation similar requirements as to residence of such individuals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> may enter into a reciprocal agreement with an appropriate official of any other state or province of Canada if such an agreement is required in order<\/span> for a Virginia resident<\/span> to be similarly licensed as a nonresident in that state or province. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> may verify the surplus lines broker<\/span>’s licensing status through the Producer Database maintained by the NAIC<\/span>, its affiliates or subsidiaries. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A nonresident surplus lines broker<\/span> who moves from one state or province to another state or province shall file a change of address within 30 calendar days of the change of legal residence. No fee or license<\/span> application is required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any licenses<\/span> issued to nonresidents pursuant to this section shall be terminated at any time that the nonresident’s equivalent authority in his home state<\/span> is terminated, suspended, or revoked. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> As used in this section, “home state<\/span>” has the same meaning that is ascribed to the term in § 38.2-1800<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSING NONRESIDENTS; CLERK OF THE COMMISSION TO BE APPOINTED AGENT FOR\nSERVICE OF PROCESS; RECIPROCAL AGREEMENTS WITH OTHER STATES AND CANADIAN\nPROVINCES (\u00a7 38.2-1857.9)\n\nA. An individual or business entity who is not a resident as defined in \u00a7\n38.2-1800, but who is a resident of another state, territory, or province of\nCanada, shall receive a nonresident surplus lines broker license if:\n\n 1. The applicant presents proof in a form acceptable to the Commission that\n the applicant is currently licensed or otherwise authorized as a resident\n surplus lines broker and is in good standing in his home state;\n\n 2. The applicant has submitted the proper application for licensure, or in\n lieu thereof has submitted a copy of the application for a Surplus Lines\n Broker license submitted to the home state, and has paid the fees prescribed\n by the Commission; and\n\n 3. The applicant’s home state issues nonresident surplus lines broker\n licenses to residents of the Commonwealth on the same basis, or will permit a\n resident of the Commonwealth to act as a surplus lines broker in such state\n without requiring a license.\n\nB. For the purposes of this article, any individual whose place of residence and\nplace of business are in a city or town located partly within the Commonwealth\nand partly within another state may be considered as meeting the requirements as\na resident of the Commonwealth, provided the other state has established by law\nor regulation similar requirements as to residence of such individuals.\n\nC. The Commission may enter into a reciprocal agreement with an appropriate\nofficial of any other state or province of Canada if such an agreement is\nrequired in order for a Virginia resident to be similarly licensed as a\nnonresident in that state or province.\n\nD. The Commission may verify the surplus lines broker’s licensing status\nthrough the Producer Database maintained by the NAIC, its affiliates or\nsubsidiaries.\n\nE. A nonresident surplus lines broker who moves from one state or province to\nanother state or province shall file a change of address within 30 calendar days\nof the change of legal residence. No fee or license application is required.\n\nF. Any licenses issued to nonresidents pursuant to this section shall be\nterminated at any time that the nonresident’s equivalent authority in his\nhome state is terminated, suspended, or revoked.\n\nG. As used in this section, “home state” has the same meaning that\nis ascribed to the term in § 38.2-1800.\n\nHISTORY: 2001, c. 706; 2008, c. 213; 2011, c. 498; 2019, 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}}