{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-1812.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-1812.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-1812.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-1812.2.html"}],"law_id":361550,"edition_id":2,"section_id":361550,"structure_id":51690,"section_number":"38.2-1812.2","catch_line":"Administrative charges in excess of premium prohibited; exceptions","history":"1999, c. 2; 2001, c. 706.","full_text":"A\n\nNotwithstanding the provisions of \u00a7 38.2-310 and Article 4 (\u00a7 38.2-1837 et seq.) of this chapter, no agent shall charge, or demand or receive from, an applicant for insurance or a policyholder any consideration in return for rendering services associated with a contract of insurance, when the consideration is in addition to the premium for such contract, unless:\n\n1\n\nThe applicant or policyholder consents in writing before any services are rendered. Consent shall be provided on a form that includes the applicant’s or policyholder’s signature, the duration of services and amount of fees to be charged, the services for which the fees are charged, and a statement that the agent is entitled to receive a commission from the insurer for selling, soliciting, or negotiating the insurance; and\n\n2\n\nA schedule of fees and documentation for services rendered is maintained in the agent’s office and is made available to applicants or policyholders upon request.\n\nB\n\nThis section shall not apply to charges for services described in subsection C of § 38.2-4608 when provided by title insurance agents.\n\nC\n\nThis section shall apply to new and renewal policies issued or renewed on or after July 1, 1999.\n\n","order_by":null,"text":{"0":{"id":1345798,"text":"Notwithstanding the provisions of \u00a7 38.2-310 and Article 4 (\u00a7 38.2-1837 et seq.) of this chapter, no agent shall charge, or demand or receive from, an applicant for insurance or a policyholder any consideration in return for rendering services associated with a contract of insurance, when the consideration is in addition to the premium for such contract, unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1345799,"text":"The applicant or policyholder consents in writing before any services are rendered. Consent shall be provided on a form that includes the applicant’s or policyholder’s signature, the duration of services and amount of fees to be charged, the services for which the fees are charged, and a statement that the agent is entitled to receive a commission from the insurer for selling, soliciting, or negotiating the insurance; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1345800,"text":"A schedule of fees and documentation for services rendered is maintained in the agent’s office and is made available to applicants or policyholders upon request.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1345801,"text":"This section shall not apply to charges for services described in subsection C of § 38.2-4608 when provided by title insurance agents.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":1345802,"text":"This section shall apply to new and renewal policies issued or renewed on or after July 1, 1999.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51690,"edition_id":2,"name":"Definitions and General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":51689,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 02:46:32","date_modified":"2026-08-02 12:33:04","permalink":{"id":1439415,"object_type":"structure","relational_id":51690,"identifier":"1","token":"38.2\/18\/1","url":"\/38.2\/18\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51689,"edition_id":2,"name":"Insurance Agents","identifier":"18","label":"chapter","depth":2,"order_by":18,"parent_id":51644,"metadata":{"child_laws":126,"child_structures":14},"date_created":"2026-08-02 02:46:32","date_modified":"2026-08-02 12:33:04","permalink":{"id":1439413,"object_type":"structure","relational_id":51689,"identifier":"18","token":"38.2\/18","url":"\/38.2\/18\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":361537,"structure_id":51690,"section_number":"38.2-1800","catch_line":"Definitions","url":"\/38.2-1800\/","token":"38.2\/18\/1\/38.2-1800","metadata":false},{"id":361536,"structure_id":51690,"section_number":"38.2-1800.1","catch_line":"Proof of residency","url":"\/38.2-1800.1\/","token":"38.2\/18\/1\/38.2-1800.1","metadata":false},{"id":361538,"structure_id":51690,"section_number":"38.2-1801","catch_line":"Person soliciting insurance deemed agent of insurer; prohibition against misrepresenting agency relationship","url":"\/38.2-1801\/","token":"38.2\/18\/1\/38.2-1801","metadata":false},{"id":361539,"structure_id":51690,"section_number":"38.2-1802","catch_line":"Acting as agent for unlicensed insurer prohibited; penalties","url":"\/38.2-1802\/","token":"38.2\/18\/1\/38.2-1802","metadata":false},{"id":361540,"structure_id":51690,"section_number":"38.2-1803","catch_line":"Repealed","url":"\/38.2-1803\/","token":"38.2\/18\/1\/38.2-1803","metadata":false},{"id":361541,"structure_id":51690,"section_number":"38.2-1804","catch_line":"Blank forms","url":"\/38.2-1804\/","token":"38.2\/18\/1\/38.2-1804","metadata":false},{"id":361542,"structure_id":51690,"section_number":"38.2-1805","catch_line":"Acceptance by insurance agents of premiums in arrears; how advance premiums recorded","url":"\/38.2-1805\/","token":"38.2\/18\/1\/38.2-1805","metadata":false},{"id":361543,"structure_id":51690,"section_number":"38.2-1806","catch_line":"Interest with respect to credit extended or money lent for premiums on certain policies","url":"\/38.2-1806\/","token":"38.2\/18\/1\/38.2-1806","metadata":false},{"id":361544,"structure_id":51690,"section_number":"38.2-1807","catch_line":"Repealed","url":"\/38.2-1807\/","token":"38.2\/18\/1\/38.2-1807","metadata":false},{"id":361545,"structure_id":51690,"section_number":"38.2-1808","catch_line":"All agreements to be expressed in contract","url":"\/38.2-1808\/","token":"38.2\/18\/1\/38.2-1808","metadata":false},{"id":361546,"structure_id":51690,"section_number":"38.2-1809","catch_line":"Power of Commission to investigate affairs of persons engaged in insurance business; penalties for refusal to permit investigation","url":"\/38.2-1809\/","token":"38.2\/18\/1\/38.2-1809","metadata":false},{"id":361547,"structure_id":51690,"section_number":"38.2-1810","catch_line":"Report of acts deemed larceny under \u00a7 18.2-111; privileged communications; attorney for the Commonwealth to be informed","url":"\/38.2-1810\/","token":"38.2\/18\/1\/38.2-1810","metadata":false},{"id":361548,"structure_id":51690,"section_number":"38.2-1811","catch_line":"Repealed","url":"\/38.2-1811\/","token":"38.2\/18\/1\/38.2-1811","metadata":false},{"id":361551,"structure_id":51690,"section_number":"38.2-1812","catch_line":"Payment and sharing of commissions","url":"\/38.2-1812\/","token":"38.2\/18\/1\/38.2-1812","metadata":false},{"id":361549,"structure_id":51690,"section_number":"38.2-1812.1","catch_line":"Placement of insurance for public bodies","url":"\/38.2-1812.1\/","token":"38.2\/18\/1\/38.2-1812.1","metadata":false},{"id":361550,"structure_id":51690,"section_number":"38.2-1812.2","catch_line":"Administrative charges in excess of premium prohibited; exceptions","url":"\/38.2-1812.2\/","token":"38.2\/18\/1\/38.2-1812.2","metadata":false},{"id":361552,"structure_id":51690,"section_number":"38.2-1813","catch_line":"Reporting and accounting for premiums","url":"\/38.2-1813\/","token":"38.2\/18\/1\/38.2-1813","metadata":false}],"previous_section":{"id":361549,"structure_id":51690,"section_number":"38.2-1812.1","catch_line":"Placement of insurance for public bodies","url":"\/38.2-1812.1\/","token":"38.2\/18\/1\/38.2-1812.1","metadata":false},"next_section":{"id":361552,"structure_id":51690,"section_number":"38.2-1813","catch_line":"Reporting and accounting for premiums","url":"\/38.2-1813\/","token":"38.2\/18\/1\/38.2-1813","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-1812.2\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 2<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2001, chapter 706<\/a>.<\/p>","references":[{"id":361583,"section_number":"38.2-1838","catch_line":"License required of consultants; fingerprinting","order_by":null,"url":"\/38.2-1838\/"}],"refers_to":[{"id":361582,"section_number":"38.2-1837","catch_line":"Definitions","order_by":null,"url":"\/38.2-1837\/"},{"id":361977,"section_number":"38.2-310","catch_line":"All fees, charges, etc., to be stated in policy","order_by":null,"url":"\/38.2-310\/"},{"id":362683,"section_number":"38.2-4608","catch_line":"Title insurance rates","order_by":null,"url":"\/38.2-4608\/"}],"permalink":{"id":1439477,"object_type":"law","relational_id":361550,"identifier":"38.2-1812.2","token":"38.2\/18\/1\/38.2-1812.2","url":"\/38.2-1812.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-1812.2\/","token":"38.2\/18\/1\/38.2-1812.2","dublin_core":{"Title":"Administrative charges in excess of premium prohibited; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-1812.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of \u00a7 38.2-310<\/a> and Article 4 (\u00a7 38.2-1837<\/a> et seq.) of this chapter, no agent shall charge, or demand or receive from, an applicant for insurance<\/span> or a policyholder any consideration in return for rendering services associated with a contract<\/span> of insurance<\/span>, when the consideration is in addition to the premium for such contract<\/span>, unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The applicant or policyholder consents in writing before any services are rendered. Consent shall be provided on a form that includes the applicant’s or policyholder’s signature, the duration of services and amount of fees to be charged, the services for which the fees are charged, and a statement that the agent is entitled to receive a commission<\/span> from the insurer<\/span> for selling, soliciting, or negotiating the insurance<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A schedule of fees and documentation for services rendered is maintained in the agent’s office and is made available to applicants or policyholders upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> This section shall not apply to charges for services described in subsection C of § 38.2-4608<\/a> when provided by title insurance agents<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall apply to new and renewal policies issued or renewed on or after July 1, 1999. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATIVE CHARGES IN EXCESS OF PREMIUM PROHIBITED; EXCEPTIONS (\u00a7\n38.2-1812.2)\n\nA. Notwithstanding the provisions of \u00a7 38.2-310 and Article 4 (\u00a7 38.2-1837 et\nseq.) of this chapter, no agent shall charge, or demand or receive from, an\napplicant for insurance or a policyholder any consideration in return for\nrendering services associated with a contract of insurance, when the\nconsideration is in addition to the premium for such contract, unless:\n\n 1. The applicant or policyholder consents in writing before any services are\n rendered. Consent shall be provided on a form that includes the\n applicant’s or policyholder’s signature, the duration of services\n and amount of fees to be charged, the services for which the fees are charged,\n and a statement that the agent is entitled to receive a commission from the\n insurer for selling, soliciting, or negotiating the insurance; and\n\n 2. A schedule of fees and documentation for services rendered is maintained in\n the agent’s office and is made available to applicants or policyholders\n upon request.\n\nB. This section shall not apply to charges for services described in subsection\nC of § 38.2-4608 when provided by title insurance agents.\n\nC. This section shall apply to new and renewal policies issued or renewed on or\nafter July 1, 1999.\n\nHISTORY: 1999, c. 2; 2001, c. 706.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}