CODE OF VIRGINIA

LICENSURE (§ 38.2-1359)

A. No domestic insurer shall permit a person to act, and no person shall act, in
the capacity of a managing general agent for an insurer domiciled in this
Commonwealth unless such person is licensed in this Commonwealth to act as a
managing general agent.

B. No foreign or alien insurer shall permit a person to act, and no person shall
act, in the capacity of a managing general agent representing such an insurer
unless such person is licensed (i) in this Commonwealth to act as a managing
general agent or (ii) in another state under laws that are substantially similar
to the provisions of this article.

C. The Commission may license as a managing general agent any individual or
business entity that has complied with the requirements of this article and any
regulations concerning licensure that may be promulgated by the Commission. The
Commission may refuse to issue a license, subject to the right of the applicant
to demand a hearing on the application, if the Commission believes the
applicant, any person named on the application, or any member, principal,
officer or director of the applicant is not trustworthy to act as a managing
general agent, or that any of the foregoing has given cause for revocation or
suspension of such license, or has failed to comply with any prerequisite for
issuance of such license.

D. Any person seeking a license pursuant to subsection A or clause (i) of
subsection B of this section shall apply for such license in a form acceptable
to the Commission, and shall pay to the Commission a nonrefundable application
fee in an amount prescribed by the Commission. Such fee shall be not less than $
500 and not more than $ 1,000. Every licensed managing general agent shall pay
to the Commission a nonrefundable biennial renewal fee in an amount prescribed
by the Commission. Such fee shall be not less than $ 500 and not more than $
1,000. Between May 1 and June 1 of the renewal year, each licensed managing
general agent shall submit to the Commission a renewal application form and fee
in the manner and form prescribed by the Commission. All fees shall be collected
by the Commission, paid into the state treasury, and placed to the credit of the
fund for maintenance of the Bureau of Insurance as provided in subsection B of
§ 38.2-400. Each license and renewed license shall expire on June 30 of the
appropriate year.

E. The Commission may require that the managing general agent be bonded in a
manner acceptable to the Commission for the protection of the insurer, and shall
require, as a prerequisite to licensure or license renewal, a certification or
attestation from the applicant that such bond is in effect.

F. The Commission may require a managing general agent to maintain an errors and
omissions policy that is acceptable to the Commission, and shall require, as a
prerequisite to licensure or license renewal, a certification or attestation
from the applicant that such policy is in effect.

G. Except where prohibited by state or federal law, by submitting an application
for license, the applicant shall be deemed to have appointed the clerk of the
Commission as the agent for service of process on the applicant in any action or
proceeding arising in this Commonwealth out of or in connection with the
exercise of the license. Such appointment of the clerk of the Commission as
agent for service of process shall be irrevocable during the period within which
a cause of action against the applicant may arise out of transactions with
respect to subjects of insurance in this Commonwealth. Service of process on the
clerk of the Commission shall conform to the provisions of Chapter 8 (§
38.2-800 et seq.) of this title.

H. A person seeking licensure shall provide evidence, in a form acceptable to
the Commission, of its appointments or contracts as a managing general agent.
The Commission may refuse to renew the license of a person that has not been
appointed by, or otherwise authorized to act for, an insurer as a managing
general agent.

HISTORY: 2001, c. 706.