{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-221.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-221.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-221.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-221.3.html"}],"law_id":69354,"edition_id":1,"section_id":69354,"structure_id":14221,"section_number":"38.2-221.3","catch_line":"Confidentiality of applications and investigations","history":"2009, c. 352; 2016, c. 250.","full_text":"A\n\nFor purposes of this section, “business entity” means a partnership, limited partnership, limited liability company, corporation, or other legal entity that is entitled to hold property in its own name and that is not a sole proprietorship.B\n\nThis section applies to the Commission’s authority to license, register, or authorize business entities pursuant to this title. This section shall not apply to any license issued under Chapter 18 (§ 38.2-1800 et seq.).C\n\nAll applications, documents, materials, or other information produced by, obtained by, or disclosed to the Commission or any other person in the course of an investigation, or a review of an application, shall be given confidential treatment, is not subject to subpoena, and may not be made public by the Commission or any other person. The Commission may grant access to (i) a regulatory official of any state or country; (ii) the National Association of Insurance Commissioners, its affiliate, or its subsidiary; or (iii) a law-enforcement authority of any state or country, provided that those officials are required under their law to maintain its confidentiality. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such applications, documents, materials, or other information, or copies thereof. Any parties receiving such information shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the business entity to which it pertains has been obtained.D\n\nNothing in this section shall prohibit the Commission from (i) using such confidential information in furtherance of any regulatory or legal action; (ii) publishing any decisions, orders, findings, opinions, or judgments; or (iii) publishing any final report or any other report containing aggregated findings, provided that such reports, decisions, orders, findings, opinions, or judgments shall not disclose any such confidential information.","order_by":null,"text":{"0":{"id":250830,"text":"For purposes of this section, “business entity” means a partnership, limited partnership, limited liability company, corporation, or other legal entity that is entitled to hold property in its own name and that is not a sole proprietorship.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250831,"text":"This section applies to the Commission’s authority to license, register, or authorize business entities pursuant to this title. This section shall not apply to any license issued under Chapter 18 (§ 38.2-1800 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250832,"text":"All applications, documents, materials, or other information produced by, obtained by, or disclosed to the Commission or any other person in the course of an investigation, or a review of an application, shall be given confidential treatment, is not subject to subpoena, and may not be made public by the Commission or any other person. The Commission may grant access to (i) a regulatory official of any state or country; (ii) the National Association of Insurance Commissioners, its affiliate, or its subsidiary; or (iii) a law-enforcement authority of any state or country, provided that those officials are required under their law to maintain its confidentiality. Any such disclosure by the Commission shall not constitute a waiver of confidentiality of such applications, documents, materials, or other information, or copies thereof. Any parties receiving such information shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the business entity to which it pertains has been obtained.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":250833,"text":"Nothing in this section shall prohibit the Commission from (i) using such confidential information in furtherance of any regulatory or legal action; (ii) publishing any decisions, orders, findings, opinions, or judgments; or (iii) publishing any final report or any other report containing aggregated findings, provided that such reports, decisions, orders, findings, opinions, or judgments shall not disclose any such confidential 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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":84875,"structure_id":14221,"section_number":"38.2-200","catch_line":"General powers of the Commission relative to insurance","url":"\/38.2-200\/","token":"38.2\/2\/38.2-200","metadata":false},{"id":70951,"structure_id":14221,"section_number":"38.2-201","catch_line":"Recommendations by Commission to General Assembly","url":"\/38.2-201\/","token":"38.2\/2\/38.2-201","metadata":false},{"id":71634,"structure_id":14221,"section_number":"38.2-202","catch_line":"Regulation of solicitation of proxies, consents and authorizations","url":"\/38.2-202\/","token":"38.2\/2\/38.2-202","metadata":false},{"id":66056,"structure_id":14221,"section_number":"38.2-203","catch_line":"Management and exclusive agency contracts subject to approval by Commission","url":"\/38.2-203\/","token":"38.2\/2\/38.2-203","metadata":false},{"id":86443,"structure_id":14221,"section_number":"38.2-204","catch_line":"Repealed","url":"\/38.2-204\/","token":"38.2\/2\/38.2-204","metadata":false},{"id":55426,"structure_id":14221,"section_number":"38.2-205.1","catch_line":"Temporary contracts of insurance permitted","url":"\/38.2-205.1\/","token":"38.2\/2\/38.2-205.1","metadata":false},{"id":77907,"structure_id":14221,"section_number":"38.2-206","catch_line":"Corporations as members of mutual insurers","url":"\/38.2-206\/","token":"38.2\/2\/38.2-206","metadata":false},{"id":78608,"structure_id":14221,"section_number":"38.2-207","catch_line":"Enforcement of right of subrogation in name of insured","url":"\/38.2-207\/","token":"38.2\/2\/38.2-207","metadata":false},{"id":66293,"structure_id":14221,"section_number":"38.2-208","catch_line":"Limitation of risks 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stockholders","url":"\/38.2-217\/","token":"38.2\/2\/38.2-217","metadata":false},{"id":64490,"structure_id":14221,"section_number":"38.2-218","catch_line":"Penalties and restitution payments","url":"\/38.2-218\/","token":"38.2\/2\/38.2-218","metadata":false},{"id":73928,"structure_id":14221,"section_number":"38.2-219","catch_line":"Violations; procedure; cease and desist orders","url":"\/38.2-219\/","token":"38.2\/2\/38.2-219","metadata":false},{"id":63210,"structure_id":14221,"section_number":"38.2-220","catch_line":"Injunctions","url":"\/38.2-220\/","token":"38.2\/2\/38.2-220","metadata":false},{"id":78078,"structure_id":14221,"section_number":"38.2-221","catch_line":"Enforcement of penalties","url":"\/38.2-221\/","token":"38.2\/2\/38.2-221","metadata":false},{"id":86567,"structure_id":14221,"section_number":"38.2-221.1","catch_line":"Confidentiality of 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generally","url":"\/38.2-222\/","token":"38.2\/2\/38.2-222","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-221.3\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 352<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2016, chapter 250<\/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":213193,"object_type":"law","relational_id":69354,"identifier":"38.2-221.3","token":"38.2\/2\/38.2-221.3","url":"\/38.2-221.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-221.3\/","token":"38.2\/2\/38.2-221.3","dublin_core":{"Title":"Confidentiality of applications and investigations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-221.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, “business entity<\/span>” means a partnership, limited partnership, limited liability company<\/span>, corporation, or other legal entity that is entitled to hold property in its own name and that is not a sole proprietorship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section applies to the Commission<\/span>’s authority to license, register, or authorize business entities pursuant to this title. This section shall not apply to any license issued under Chapter 18 (§ 38.2-1800<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All applications, documents, materials<\/span>, or other information produced by, obtained by, or disclosed to the Commission<\/span> or any other person<\/span> in the course of an investigation, or a review of an application, shall be given confidential treatment, is not subject to subpoena<\/span>, and may not be made public by the Commission<\/span> or any other person<\/span>. The Commission<\/span> may grant access to (i) a regulatory official of any state<\/span> or country; (ii) the National Association of Insurance<\/span> Commissioners<\/span>, its affiliate, or its subsidiary; or (iii) a law<\/span>-enforcement authority of any state<\/span> or country, provided that those officials are required under their law<\/span> to maintain its confidentiality. Any such disclosure by the Commission<\/span> shall not constitute a waiver<\/span> of confidentiality of such applications, documents, materials<\/span>, or other information, or copies thereof. Any parties receiving such information shall agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the business entity<\/span> to which it pertains has been obtained. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall prohibit the Commission<\/span> from (i) using such confidential information in furtherance of any regulatory or legal action; (ii) publishing any decisions, orders<\/span>, findings<\/span>, opinions<\/span>, or judgments<\/span>; or (iii) publishing any final report or any other report containing aggregated findings<\/span>, provided that such reports, decisions, orders<\/span>, findings<\/span>, opinions<\/span>, or judgments<\/span> shall not disclose any such confidential information. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF APPLICATIONS AND INVESTIGATIONS (\u00a7 38.2-221.3)\n\nA. For purposes of this section, “business entity” means a\npartnership, limited partnership, limited liability company, corporation, or\nother legal entity that is entitled to hold property in its own name and that is\nnot a sole proprietorship.\n\nB. This section applies to the Commission’s authority to license,\nregister, or authorize business entities pursuant to this title. This section\nshall not apply to any license issued under Chapter 18 (§ 38.2-1800 et\nseq.).\n\nC. All applications, documents, materials, or other information produced by,\nobtained by, or disclosed to the Commission or any other person in the course of\nan investigation, or a review of an application, shall be given confidential\ntreatment, is not subject to subpoena, and may not be made public by the\nCommission or any other person. The Commission may grant access to (i) a\nregulatory official of any state or country; (ii) the National Association of\nInsurance Commissioners, its affiliate, or its subsidiary; or (iii) a\nlaw-enforcement authority of any state or country, provided that those officials\nare required under their law to maintain its confidentiality. Any such\ndisclosure by the Commission shall not constitute a waiver of confidentiality of\nsuch applications, documents, materials, or other information, or copies\nthereof. Any parties receiving such information shall agree in writing prior to\nreceiving the information to provide to it the same confidential treatment as\nrequired by this section, unless the prior written consent of the business\nentity to which it pertains has been obtained.\n\nD. Nothing in this section shall prohibit the Commission from (i) using such\nconfidential information in furtherance of any regulatory or legal action; (ii)\npublishing any decisions, orders, findings, opinions, or judgments; or (iii)\npublishing any final report or any other report containing aggregated findings,\nprovided that such reports, decisions, orders, findings, opinions, or judgments\nshall not disclose any such confidential information.\n\nHISTORY: 2009, c. 352; 2016, c. 250.","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}}