                                 CODE OF VIRGINIA

LICENSING NONRESIDENTS; RECIPROCAL AGREEMENTS WITH OTHER STATES AND CANADIAN
PROVINCES (§ 38.2-1845.5)

A. An individual or business entity that is not a resident as defined in
subsection B of § 38.2-1800.1 but that is a resident of another state,
territory, or province of Canada shall receive a nonresident public adjuster
license if:

   1. The applicant presents proof in a form acceptable to the Commission that
   the applicant is currently licensed or otherwise authorized as a resident
   public adjuster and is in good standing in his home state;

   2. The applicant has submitted the proper application for licensure or a copy
   of the application for licensure submitted to his home state and has paid the
   fees required by &#xA7; 38.2-1845.2;

   3. The applicant&#8217;s home state issues nonresident public adjuster
   licenses to residents of the Commonwealth on the same basis or will permit a
   resident of the Commonwealth to act as a public adjuster in such state without
   requiring a license;

   4. The applicant, if a corporation, limited liability company, or limited
   partnership, has obtained from the Clerk of the Commission a certificate of
   authority, certificate of registration, or certificate of limited partnership,
   respectively; and

   5. The applicant attests 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 $50,000 with corporate sureties licensed by the
   Commission, on a form prescribed by the Commission. The bond shall be
   conditioned that the public adjuster will conduct business under the license
   in accordance with the laws of the Commonwealth. The bond shall not be
   terminated unless at least 60 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 public adjuster 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 public adjuster license shall
   terminate, and the licensee shall be required to satisfy any and all
   prelicensing requirements in order to apply for a new public adjuster license.
   The Commission may ask for a copy of the bond or other evidence of financial
   responsibility at any time.

B. For the purposes of this chapter, 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. 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.

D. The Commission may verify the public adjuster&#8217;s licensing status
through the Producer Database records maintained by the NAIC, its affiliates, or
subsidiaries.

E. The business entity has designated an individual employee, officer, director,
manager, member, or partner licensed in Virginia as a public adjuster to be
responsible for the business entity&#8217;s compliance with the laws, rules, and
regulations of the Commonwealth applicable to public adjusters.

F. The Commission may require any documents reasonably necessary to verify the
information contained in an application.

G. A licensed nonresident public adjuster who changes his home state shall file
a change of address within 30 calendar days of the change of legal residence.

H. Any licenses issued to nonresidents pursuant to this section shall be
terminated at any time that the nonresident&#8217;s equivalent authority in his
home state is terminated, suspended, or revoked.

HISTORY: 2012, cc. 734, 735; 2014, c. 337; 2018, c. 131.