{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-440.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-440.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-440.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-440.html"}],"law_id":76063,"edition_id":1,"section_id":76063,"structure_id":13021,"section_number":"46.2-440","catch_line":"Certificate for nonresident may be by carrier not qualified in Commonwealth","history":"Code 1950, \u00a7 46-460; 1954, c. 378; 1958, cc. 501, 541, \u00a7 46.1-472; 1968, c. 685; 1972, c. 433; 1975, c. 382; 1976, c. 143; 1978, c. 220; 1989, cc. 621, 727; 1993, c. 164; 1995, c. 121.","full_text":"A nonresident owner of a vehicle not registered in Virginia may give proof of financial responsibility by filing with the Commissioner a written certificate or certificates of an insurance carrier not authorized to transact business in the Commonwealth but authorized to transact business in any other state, any territory or possession of the United States and under its exclusive control, Canada or its provinces, or the territorial subdivisions of such states or countries, in which any motor vehicle described in the certificate and all replacement vehicles of similar classification are registered or, if the nonresident does not own a motor vehicle, then in the like jurisdiction in which the insured resides and otherwise conforming to the provisions of this chapter. The Commissioner shall accept the same if the insurance carrier, in addition to having complied with all other provisions of this chapter as requisite, shall:\n\n1\n\nExecute a power of attorney authorizing the Commissioner to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in the Commonwealth;2\n\nDuly adopt a resolution, which shall be binding upon it, declaring that its policies are to be deemed to be modified to comply with the law of the Commonwealth and the terms of this chapter relating to the terms of motor vehicle liability policies issued herein;3\n\nAgree to accept as final and binding the judgment of any court of competent jurisdiction in the Commonwealth from which judgment no appeal is or can be taken, duly rendered in any action arising out of a motor vehicle accident;4\n\nDeposit with the State Treasurer cash or securities as are mentioned in &#xA7; 46.2-453 or the surety bond of a company authorized to do business in Virginia equal in value to $60,000 for each insurance policy filed as proof of financial responsibility.","order_by":null,"text":{"0":{"id":273005,"text":"A nonresident owner of a vehicle not registered in Virginia may give proof of financial responsibility by filing with the Commissioner a written certificate or certificates of an insurance carrier not authorized to transact business in the Commonwealth but authorized to transact business in any other state, any territory or possession of the United States and under its exclusive control, Canada or its provinces, or the territorial subdivisions of such states or countries, in which any motor vehicle described in the certificate and all replacement vehicles of similar classification are registered or, if the nonresident does not own a motor vehicle, then in the like jurisdiction in which the insured resides and otherwise conforming to the provisions of this chapter. The Commissioner shall accept the same if the insurance carrier, in addition to having complied with all other provisions of this chapter as requisite, shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":273006,"text":"Execute a power of attorney authorizing the Commissioner to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in the Commonwealth;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":273007,"text":"Duly adopt a resolution, which shall be binding upon it, declaring that its policies are to be deemed to be modified to comply with the law of the Commonwealth and the terms of this chapter relating to the terms of motor vehicle liability policies issued herein;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":273008,"text":"Agree to accept as final and binding the judgment of any court of competent jurisdiction in the Commonwealth from which judgment no appeal is or can be taken, duly rendered in any action arising out of a motor vehicle accident;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":273009,"text":"Deposit with the State Treasurer cash or securities as are mentioned in &#xA7; 46.2-453 or the surety bond of a company authorized to do business in Virginia equal in value to $60,000 for each insurance policy filed as proof of financial responsibility.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13021,"edition_id":1,"name":"Proof of Financial Responsibility","identifier":"15","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":226003,"object_type":"structure","relational_id":13021,"identifier":"15","token":"46.2\/II\/3\/15","url":"\/46.2\/II\/3\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56178,"structure_id":13021,"section_number":"46.2-435","catch_line":"Proof of financial responsibility to be furnished for each vehicle","url":"\/46.2-435\/","token":"46.2\/II\/3\/15\/46.2-435","metadata":false},{"id":86692,"structure_id":13021,"section_number":"46.2-436","catch_line":"Methods of proving financial responsibility","url":"\/46.2-436\/","token":"46.2\/II\/3\/15\/46.2-436","metadata":false},{"id":59435,"structure_id":13021,"section_number":"46.2-437","catch_line":"Proof of financial responsibility by owner in lieu of driver","url":"\/46.2-437\/","token":"46.2\/II\/3\/15\/46.2-437","metadata":false},{"id":81242,"structure_id":13021,"section_number":"46.2-438","catch_line":"Proof by owner of vehicles operated under permit or certificate of State Corporation Commission or Department of Motor Vehicles","url":"\/46.2-438\/","token":"46.2\/II\/3\/15\/46.2-438","metadata":false},{"id":59690,"structure_id":13021,"section_number":"46.2-439","catch_line":"Proof of financial responsibility in the future","url":"\/46.2-439\/","token":"46.2\/II\/3\/15\/46.2-439","metadata":false},{"id":76063,"structure_id":13021,"section_number":"46.2-440","catch_line":"Certificate for nonresident may be by carrier not qualified in Commonwealth","url":"\/46.2-440\/","token":"46.2\/II\/3\/15\/46.2-440","metadata":false},{"id":83456,"structure_id":13021,"section_number":"46.2-441","catch_line":"Nonresident may file proof of financial responsibility in the future from insurance company or other state-authorized entity providing insurance","url":"\/46.2-441\/","token":"46.2\/II\/3\/15\/46.2-441","metadata":false},{"id":82791,"structure_id":13021,"section_number":"46.2-442","catch_line":"Default of foreign insurance carrier","url":"\/46.2-442\/","token":"46.2\/II\/3\/15\/46.2-442","metadata":false},{"id":72138,"structure_id":13021,"section_number":"46.2-443","catch_line":"Chapter not applicable to certain policies of insurance","url":"\/46.2-443\/","token":"46.2\/II\/3\/15\/46.2-443","metadata":false},{"id":67708,"structure_id":13021,"section_number":"46.2-444","catch_line":"Surety requirements of bond","url":"\/46.2-444\/","token":"46.2\/II\/3\/15\/46.2-444","metadata":false},{"id":63707,"structure_id":13021,"section_number":"46.2-445","catch_line":"How bond to be conditioned","url":"\/46.2-445\/","token":"46.2\/II\/3\/15\/46.2-445","metadata":false},{"id":58275,"structure_id":13021,"section_number":"46.2-446","catch_line":"Notice to Commissioner prerequisite to cancellation of bond; cancellation not to affect rights arising prior thereto","url":"\/46.2-446\/","token":"46.2\/II\/3\/15\/46.2-446","metadata":false},{"id":67442,"structure_id":13021,"section_number":"46.2-447","catch_line":"Bond to constitute lien on real estate of surety","url":"\/46.2-447\/","token":"46.2\/II\/3\/15\/46.2-447","metadata":false},{"id":63036,"structure_id":13021,"section_number":"46.2-448","catch_line":"Notice of cancellation; record; fees","url":"\/46.2-448\/","token":"46.2\/II\/3\/15\/46.2-448","metadata":false},{"id":64220,"structure_id":13021,"section_number":"46.2-449","catch_line":"Cancellation of bond with individual sureties; certificates of cancellation","url":"\/46.2-449\/","token":"46.2\/II\/3\/15\/46.2-449","metadata":false},{"id":57185,"structure_id":13021,"section_number":"46.2-450","catch_line":"Order discharging lien of bond","url":"\/46.2-450\/","token":"46.2\/II\/3\/15\/46.2-450","metadata":false},{"id":70316,"structure_id":13021,"section_number":"46.2-451","catch_line":"Action or suit on bond","url":"\/46.2-451\/","token":"46.2\/II\/3\/15\/46.2-451","metadata":false},{"id":57448,"structure_id":13021,"section_number":"46.2-452","catch_line":"Parties to suit on bond with individual sureties","url":"\/46.2-452\/","token":"46.2\/II\/3\/15\/46.2-452","metadata":false},{"id":71761,"structure_id":13021,"section_number":"46.2-453","catch_line":"Proof of financial responsibility by delivering cash or securities","url":"\/46.2-453\/","token":"46.2\/II\/3\/15\/46.2-453","metadata":false},{"id":65751,"structure_id":13021,"section_number":"46.2-454","catch_line":"Moneys or securities to be deposited with State Treasurer subject to execution","url":"\/46.2-454\/","token":"46.2\/II\/3\/15\/46.2-454","metadata":false},{"id":74991,"structure_id":13021,"section_number":"46.2-455","catch_line":"Assessment for expense of holding deposits","url":"\/46.2-455\/","token":"46.2\/II\/3\/15\/46.2-455","metadata":false},{"id":54090,"structure_id":13021,"section_number":"46.2-456","catch_line":"Additional security if fund impaired by any legal process, or otherwise","url":"\/46.2-456\/","token":"46.2\/II\/3\/15\/46.2-456","metadata":false},{"id":62434,"structure_id":13021,"section_number":"46.2-457","catch_line":"Substitution of new proof; cancellation or return of old","url":"\/46.2-457\/","token":"46.2\/II\/3\/15\/46.2-457","metadata":false},{"id":80093,"structure_id":13021,"section_number":"46.2-458","catch_line":"Interpleader to determine rights in deposits; other proceedings","url":"\/46.2-458\/","token":"46.2\/II\/3\/15\/46.2-458","metadata":false},{"id":80162,"structure_id":13021,"section_number":"46.2-459","catch_line":"When other proof of financial responsibility required; suspension of license pending furnishing of proof required","url":"\/46.2-459\/","token":"46.2\/II\/3\/15\/46.2-459","metadata":false},{"id":59401,"structure_id":13021,"section_number":"46.2-460","catch_line":"When Commissioner to consent to cancellation of bond or policy, or return of money or securities","url":"\/46.2-460\/","token":"46.2\/II\/3\/15\/46.2-460","metadata":false},{"id":57581,"structure_id":13021,"section_number":"46.2-461","catch_line":"When Commissioner not to release proof of financial responsibility; affidavit of nonexistence of facts","url":"\/46.2-461\/","token":"46.2\/II\/3\/15\/46.2-461","metadata":false},{"id":67029,"structure_id":13021,"section_number":"46.2-462","catch_line":"New license or registration to person to whom proof surrendered","url":"\/46.2-462\/","token":"46.2\/II\/3\/15\/46.2-462","metadata":false},{"id":68440,"structure_id":13021,"section_number":"46.2-463","catch_line":"Penalty for forging evidence of financial responsibility","url":"\/46.2-463\/","token":"46.2\/II\/3\/15\/46.2-463","metadata":false}],"previous_section":{"id":59690,"structure_id":13021,"section_number":"46.2-439","catch_line":"Proof of financial responsibility in the future","url":"\/46.2-439\/","token":"46.2\/II\/3\/15\/46.2-439","metadata":false},"next_section":{"id":83456,"structure_id":13021,"section_number":"46.2-441","catch_line":"Nonresident may file proof of financial responsibility in the future from insurance company or other state-authorized entity providing insurance","url":"\/46.2-441\/","token":"46.2\/II\/3\/15\/46.2-441","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-440\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1954, chapter 378; in 1958, chapters 501 and 541; in 1968, chapter 685; in 1972, chapter 433; in 1975, chapter 382; in 1976, chapter 143; in 1978, chapter 220; in 1989, chapters 621 and 727; in 1993, chapter 164; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0121\">121<\/a>.<\/p>","references":[{"id":83456,"section_number":"46.2-441","catch_line":"Nonresident may file proof of financial responsibility in the future from insurance company or other state-authorized entity providing insurance","order_by":null,"url":"\/46.2-441\/"}],"refers_to":[{"id":71761,"section_number":"46.2-453","catch_line":"Proof of financial responsibility by delivering cash or securities","order_by":null,"url":"\/46.2-453\/"}],"permalink":{"id":226025,"object_type":"law","relational_id":76063,"identifier":"46.2-440","token":"46.2\/II\/3\/15\/46.2-440","url":"\/46.2-440\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-440\/","token":"46.2\/II\/3\/15\/46.2-440","dublin_core":{"Title":"Certificate for nonresident may be by carrier not qualified in Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-440","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>A <span class=\"dictionary\">nonresident<\/span> <span class=\"dictionary\">owner<\/span> of a vehicle not registered in Virginia may give proof of <span class=\"dictionary\">financial responsibility<\/span> by filing with the <span class=\"dictionary\">Commissioner<\/span> a written certificate or certificates of an insurance carrier not authorized to transact business in the Commonwealth but authorized to transact business in any other state, any territory or <span class=\"dictionary\">possession<\/span> of the United States and under its exclusive control, Canada or its provinces, or the territorial subdivisions of such states or countries, in which any <span class=\"dictionary\">motor vehicle<\/span> described in the certificate and all replacement <span class=\"dictionary\">vehicles<\/span> of similar classification are registered or, if the <span class=\"dictionary\">nonresident<\/span> does not own a <span class=\"dictionary\">motor vehicle<\/span>, then in the like <span class=\"dictionary\">jurisdiction<\/span> in which the <span class=\"dictionary\">insured<\/span> resides and otherwise conforming to the provisions of this chapter. The <span class=\"dictionary\">Commissioner<\/span> shall accept the same if the insurance carrier, in addition to having complied with all other provisions of this chapter as requisite, shall:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Execute a <span class=\"dictionary\">power of attorney<\/span> authorizing the <span class=\"dictionary\">Commissioner<\/span> to accept service on its behalf of notice or process in any action arising out of a <span class=\"dictionary\">motor vehicle<\/span> accident in the Commonwealth; <a id=\"paragraph-273006\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-440\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Duly adopt a resolution, which shall be binding upon it, declaring that its policies are to be deemed to be modified to comply with the <span class=\"dictionary\">law<\/span> of the Commonwealth and the terms of this chapter relating to the terms of <span class=\"dictionary\">motor vehicle<\/span> liability policies issued herein; <a id=\"paragraph-273007\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-440\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Agree to accept as final and binding the <span class=\"dictionary\">judgment<\/span> of any <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> in the Commonwealth from which <span class=\"dictionary\">judgment<\/span> no <span class=\"dictionary\">appeal<\/span> is or can be taken, duly rendered in any action arising out of a <span class=\"dictionary\">motor vehicle<\/span> accident; <a id=\"paragraph-273008\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-440\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Deposit with the State Treasurer cash or securities as are mentioned in &#xA7; <a class=\"law\" title=\"Proof of financial responsibility by delivering cash or securities\" href=\"\/46.2-453\/\">46.2-453<\/a> or the <span class=\"dictionary\">surety<\/span> <span class=\"dictionary\">bond<\/span> of a company authorized to do business in Virginia equal in value to $60,000 for each insurance policy filed as proof of <span class=\"dictionary\">financial responsibility<\/span>. <a id=\"paragraph-273009\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-440\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTIFICATE FOR NONRESIDENT MAY BE BY CARRIER NOT QUALIFIED IN COMMONWEALTH (\u00a7\n46.2-440)\n\nA nonresident owner of a vehicle not registered in Virginia may give proof of\nfinancial responsibility by filing with the Commissioner a written certificate\nor certificates of an insurance carrier not authorized to transact business in\nthe Commonwealth but authorized to transact business in any other state, any\nterritory or possession of the United States and under its exclusive control,\nCanada or its provinces, or the territorial subdivisions of such states or\ncountries, in which any motor vehicle described in the certificate and all\nreplacement vehicles of similar classification are registered or, if the\nnonresident does not own a motor vehicle, then in the like jurisdiction in which\nthe insured resides and otherwise conforming to the provisions of this chapter.\nThe Commissioner shall accept the same if the insurance carrier, in addition to\nhaving complied with all other provisions of this chapter as requisite, shall:\n\n1. Execute a power of attorney authorizing the Commissioner to accept service on\nits behalf of notice or process in any action arising out of a motor vehicle\naccident in the Commonwealth;\n\n2. Duly adopt a resolution, which shall be binding upon it, declaring that its\npolicies are to be deemed to be modified to comply with the law of the\nCommonwealth and the terms of this chapter relating to the terms of motor\nvehicle liability policies issued herein;\n\n3. Agree to accept as final and binding the judgment of any court of competent\njurisdiction in the Commonwealth from which judgment no appeal is or can be\ntaken, duly rendered in any action arising out of a motor vehicle accident;\n\n4. Deposit with the State Treasurer cash or securities as are mentioned in\n&#xA7; 46.2-453 or the surety bond of a company authorized to do business in\nVirginia equal in value to $60,000 for each insurance policy filed as proof of\nfinancial responsibility.\n\nHISTORY: Code 1950, \u00a7 46-460; 1954, c. 378; 1958, cc. 501, 541, \u00a7 46.1-472;\n1968, c. 685; 1972, c. 433; 1975, c. 382; 1976, c. 143; 1978, c. 220; 1989, cc.\n621, 727; 1993, c. 164; 1995, c. 121.","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}}