                                 CODE OF VIRGINIA

QUALIFIED CHARITABLE GIFT ANNUITIES; ISSUANCE NOT BUSINESS OF INSURANCE;
DISCLOSURES TO DONORS; UNFAIR TRADE PRACTICES PROVISIONS NOT APPLICABLE (§
38.2-3113.2)

A. The issuance of a qualified charitable gift annuity does not constitute
engaging in the business of insurance in this Commonwealth. A charitable gift
annuity issued before the effective date of this section is a qualified
charitable gift annuity for purposes of this title if it meets the requirements
of &#xA7; 501 (m) (5) of the Internal Revenue Code of 1986 (26 U.S.C. &#xA7; 501
(m) (5)) and &#xA7; 514 (c) (5) of the Internal Revenue Code of 1986 (26 U.S.C.
&#xA7; 514 (c) (5)), and the issuance of that charitable gift annuity does not
constitute engaging in the business of insurance in this Commonwealth.

B. When entering into an agreement for a qualified charitable gift annuity, the
charitable organization shall disclose to the donor in writing in the annuity
agreement that a qualified charitable gift annuity is not insurance under the
laws of this Commonwealth and is neither subject to regulation by the Commission
nor protected by the Virginia Life, Accident and Sickness Insurance Guaranty
Association. The notice provisions required by this subsection shall be in a
separate paragraph in a print size no smaller than that employed in the annuity
agreement generally.

C. The solicitation or issuance of a qualified charitable gift annuity does not
constitute a violation of the unfair trade practices provisions of Chapter 5
(&#xA7; 38.2-500 et seq.) of this title.

HISTORY: 1996, c. 425.