Enforcement & Compliance
Note: Statutory information provided on this page is not intended to be comprehensive.
Please review the Code of Virginia for more detailed information, or contact the Bureau of Insurance for additional information.
Please select shaded links below to display content.
Administrative Action Search
Use the Commission's
feature to search documents regarding administrative actions for agents,
agencies and companies.
Select the option "Search Cases" at the top of the page. Search options are available
by Case Number or Case Name. Enter the appropriate case number or agent/agency/company
name and click "Search." After selecting the appropriate case number from the list,
a summary screen will appear. Select the "Documents" field to download/print the
selected PDF file.
NOTE: Documents filed prior to April 2002 will not be displayed. If you need certified
documents or documents filed prior to 2002, please contact the Document Control
Center of the Office of the Clerk of the Commission at (804) 371-9838.
Each licensed agent/agency is required to report the following within 30 calendar days:
- Name Changes (§38.2-1826)
- Fictitious Name/Trade Name/Doing Business As §38.2-1822)
- Address Changes (§38.2-1826)
(Also required to report address changes to insurers within 30 calendar days. Residents moving out of Virginia required to report address change immediately)
- Felony Convictions - Such report shall include both the charging documents as well as documents showing the final disposition of the case (§38.2-1826)
- Administrative actions taken against agent or agency in another jurisdiction or by another governmental agency in the Commonwealth. Such report shall include a copy of the order, consent to order or other relevant legal documents. (§38.2-1826)
- Adding/Removing Designated Licensed Producer. (§38.2-1825)
Designated Licensed Producer Requirements
Insurance agencies are required to maintain a Designated Licensed Producer (DLP) responsible for the agency's compliance with insurance laws and regulations. The DLP must be an employee, officer, or director of the agency. Regarding Limited Liability Companies and Partnerships, the Bureau will accept members and partners respectively as the DLP. With respect to a business entity holding certain types of a limited lines license pursuant to Article 8 (§ 38.2-1875
et seq.) or 8.1 (§ 38.2-1881
et seq.), the DLP is not required to be an employee, officer, or director of the vendor or lessor. Insurance agencies are required within 30 calendar days to report the removal of the DLP and the name of the new DLP (§ 38.2-1825 (F)).
Review and make updates to the insurance agency’s DLP (Supporting Agent) via Sircon’s Compliance Express service by visiting www.sircon.com/virginia
and selecting 'Maintain Designated Licensed Producer' located on the menu on the left side of the page. A nominal Sircon service fee may apply. See Step-by-step instructions for maintaining the DLP.
To Add a new Designated Licensed Producer, follow these steps:
- Go to www.sircon.com/virginia
- Go to “Maintain Designated Licensed Producers”
- Enter the insurance agency information
- Select “Create” from the drop-down box and enter the producer’s information
- Select the appropriate “Designated Licensed Producer” type from the dropdown, and complete the transaction
(To remove an agent, choose Terminate from the drop-down in step 4.)
If you experience difficulties, please give us a call at 804-371-9631.
Annuity Suitability Training Requirements
- Federal Training Requirements
- Long Term Care (LTC) Certification
- Long Term Care Partnership
Virginia Regulation 14VAC5-200-205
- State Long Term Care Insurance Partnership Program
Nonresident agents who comply with their home state requirement need only take a two-hour Virginia specific course to meet the requirement in Virginia.
- Flood Insurance
- Administrative Letter 2007-1 - Flood Insurance Training Requirements for Insurance Agents with a Property and Casualty License or Personal Lines License Selling through the National Flood Insurance Program (NFIP)
- Find Approved Courses
Payment and Sharing of Commissions
A number of agents are cited each year for inappropriately sharing their commissions with individuals who are not properly licensed. To verify whether or not a person is eligible to receive commissions, you may use the License Search to confirm what licenses and appointments are currently held. Likewise, if an agent is not properly licensed, they must not accept commissions from any other agent or insurer.
No insurer may pay directly or indirectly any commission or other valuable consideration to any person for services as an agent or surplus lines broker unless the person is a duly appointed agent of that insurer, and at the time the transaction took place, the agent held a valid license as an agent or surplus lines broker for the class of insurance involved. No person other than a duly licensed and appointed agent or surplus lines broker may accept any such commission or other valuable consideration unless at the time of the transaction he held a valid license as an agent or surplus lines broker for the class of insurance involved. In short, no company may pay commission to an individual unless he is properly licensed and appointed and no individual may accept such commission unless he is properly licensed and appointed at the time of the transaction.
Virginia law does not prevent the payment or receipt of renewal or other deferred commissions or compensation to or by any person if the person was properly licensed and appointed at the time of the transactions out of which arose the right to such renewals or deferred commissions or compensation. Virginia law also does not prevent payment of commissions to a trade name that has been filed with the Bureau of Insurance pursuant to the provisions of subsection E of § 38.2-1822 of the Code of Virginia.
In addition to the above prohibitions, no agent or surplus lines broker may directly or indirectly share their commissions or other compensation with anyone not also licensed for the class of insurance involved in the transaction. Furthermore, no agent or surplus lines broker not licensed and qualified for the same class of insurance shall receive any commission or other compensation. These provisions do not affect the payment of the regular salaries due employees of a licensee.
Offers of rebates or incentives are prohibited (§38.2-509). Each year the Bureau of Insurance encounters a number of agents who, in an effort to attract and/or retain clients, provide some type of rebate to insureds in order to entice them to purchase an insurance policy. However, Virginia law clearly states that no person shall “Pay, allow or give, or offer to pay, allow or give, directly or indirectly, as inducement to any insurance or annuity contract, any rebate of premium payable on the contract, any special favor or advantage in the dividends or other benefits on the contract, any valuable consideration or inducement not specified in the contract, except in accordance with an applicable rating plan authorized for use in this Commonwealth.”
Virginia law further states that no person shall “Receive or accept as inducement to insurance, or annuity contracts, any rebate of premium payable on the contract, any special favor or advantage in the dividends or other benefit to accrue on the contract, or any valuable consideration or inducement not specified in the contract.”
This makes it a violation of the Virginia Insurance Code for any agent to offer an inducement to an insured to purchase a contract of insurance. Agents will commonly hand out small items to their clients such as mugs, calendars, and other related items. Such items are generally considered advertising. The violation occurs when an agent offers to give any valuable consideration or inducement to a consumer based upon the consumer’s purchase of an insurance policy. The Bureau often advises agents that if they are going to give away items such as gift certificates for restaurants, t-shirts, or other such items, they should make these items available to anyone who enters their agency, whether they purchase an insurance policy or not. As long as the receipt of the item is not contingent upon the purchase of an insurance policy, there is no violation.
Record Retention Requirements
The agent/agency shall maintain sufficient records of its affairs so that the appropriate licensing authority may adequately ensure that the agent is in compliance with all provisions. The amount of time an agent is required to retain records is determined by their license type:
Referral Fees to Unlicensed Agents
A number of agents inquire each year as to whether or not they are permitted to pay referral fees to unlicensed individuals. Section 38.2-1821.1 B 8
of the Code of Virginia specifically allows for the payment of referral fees to an unlicensed individual provided certain requirements are met. Section 8 states that a license as an insurance producer shall not be required of the following:
- Any person who refers a customer who seeks to purchase any insurance product to a licensed agent and receives compensation for the referral of a customer, provided that:
- The referral does not include a discussion of specific insurance policy terms and conditions;
- The compensation is in the form of a one-time nominal fee of a fixed dollar amount for each referral; and
- The compensation does not depend on whether the referral results in the purchase of insurance by the customer.
Agents who wish to pay referral fees to unlicensed individuals should carefully comply with these provisions in order to avoid any violation of the Code of Virginia. With regard to what is considered a “one time nominal fee,” it is the Bureau’s position that a “one time nominal fee” cannot exceed $25 per referral.