{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-5108.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-5108.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-5108.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-5108.html"}],"law_id":362804,"edition_id":2,"section_id":362804,"structure_id":51793,"section_number":"38.2-5108","catch_line":"Notice and registration requirements of purchasing groups","history":"1987, c. 585; 1992, c. 588.","full_text":"A\n\nA purchasing group which intends to do business in this Commonwealth shall furnish notice to the Commission, on forms prescribed by the Commission, which shall:\n\n1\n\nIdentify the state in which the group is domiciled;\n\n2\n\nIdentify all other states in which the group intends to do business;\n\n3\n\nSpecify the lines and classifications of liability insurance which the purchasing group intends to purchase;\n\n4\n\nIdentify the insurance company from which the group intends to purchase its insurance, the domicile of such company, and the business address of such company;\n\n5\n\nSpecify the method by which, and the person(s), if any, through whom insurance will be offered to its purchasing groups located in this Commonwealth;\n\n6\n\nIdentify the principal place of business of the group including the business address of the group; and\n\n7\n\nProvide such other information as may be required by the Commission to verify that the purchasing group is qualified under the definition set forth in this chapter.\n\nB\n\nA purchasing group shall, within ten days, notify the Commission of any changes in any items set forth in subsection A of this section.\n\nC\n\nThe purchasing group shall register with and designate the clerk of the Commission as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group:\n\n1\n\nWhich (i) was domiciled before April 1, 1986, and (ii) is domiciled on and after October 27, 1986, in any state of the United States;\n\n2\n\nWhich (i) before October 27, 1986, purchased insurance from an insurance carrier licensed in any state and (ii) since October 27, 1986, purchases its insurance from an insurance carrier licensed in any state;\n\n3\n\nWhich was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and\n\n4\n\nWhich does not purchase insurance that was not authorized for purposes of an exemption under that Act, as in effect before October 27, 1986.\n\nD\n\nEach purchasing group that is required to give notice pursuant to subsection A of this section shall also furnish such information as may be required by the Commission to (i) verify that the entity qualifies as a purchasing group; (ii) determine where the purchasing group is located; and (iii) determine appropriate tax treatment.\n\nE\n\nAny purchasing group which was doing business in Virginia prior to the enactment of this subsection shall, within thirty days after July 1, 1992, furnish notice to the Commission pursuant to the provisions of subsection A of this section and furnish such information as may be required pursuant to subsections B and C of this section.\n\n","order_by":null,"text":{"0":{"id":1351283,"text":"A purchasing group which intends to do business in this Commonwealth shall furnish notice to the Commission, on forms prescribed by the Commission, which shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1351284,"text":"Identify the state in which the group is domiciled;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1351285,"text":"Identify all other states in which the group intends to do business;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":1351286,"text":"Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":1351287,"text":"Identify the insurance company from which the group intends to purchase its insurance, the domicile of such company, and the business address of such company;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":1351288,"text":"Specify the method by which, and the person(s), if any, through whom insurance will be offered to its purchasing groups located in this Commonwealth;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":1351289,"text":"Identify the principal place of business of the group including the business address of the group; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":1351290,"text":"Provide such other information as may be required by the Commission to verify that the purchasing group is qualified under the definition set forth in this chapter.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":1351291,"text":"A purchasing group shall, within ten days, notify the Commission of any changes in any items set forth in subsection A of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":1351292,"text":"The purchasing group shall register with and designate the clerk of the Commission as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"10":{"id":1351293,"text":"Which (i) was domiciled before April 1, 1986, and (ii) is domiciled on and after October 27, 1986, in any state of the United States;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"11":{"id":1351294,"text":"Which (i) before October 27, 1986, purchased insurance from an insurance carrier licensed in any state and (ii) since October 27, 1986, purchases its insurance from an insurance carrier licensed in any state;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"12":{"id":1351295,"text":"Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"13":{"id":1351296,"text":"Which does not purchase insurance that was not authorized for purposes of an exemption under that Act, as in effect before October 27, 1986.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"14":{"id":1351297,"text":"Each purchasing group that is required to give notice pursuant to subsection A of this section shall also furnish such information as may be required by the Commission to (i) verify that the entity qualifies as a purchasing group; (ii) determine where the purchasing group is located; and (iii) determine appropriate tax treatment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"15":{"id":1351298,"text":"Any purchasing group which was doing business in Virginia prior to the enactment of this subsection shall, within thirty days after July 1, 1992, furnish notice to the Commission pursuant to the provisions of subsection A of this section and furnish such information as may be required pursuant to subsections B and C of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":51793,"edition_id":2,"name":"Risk Retention Groups and Purchasing Groups","identifier":"51","label":"chapter","depth":2,"order_by":53,"parent_id":51644,"metadata":{"child_laws":16,"child_structures":0},"date_created":"2026-08-02 02:48:55","date_modified":"2026-08-02 12:33:20","permalink":{"id":1444709,"object_type":"structure","relational_id":51793,"identifier":"51","token":"38.2\/51","url":"\/38.2\/51\/","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":362796,"structure_id":51793,"section_number":"38.2-5100","catch_line":"Purpose","url":"\/38.2-5100\/","token":"38.2\/51\/38.2-5100","metadata":false},{"id":362797,"structure_id":51793,"section_number":"38.2-5101","catch_line":"Definitions","url":"\/38.2-5101\/","token":"38.2\/51\/38.2-5101","metadata":false},{"id":362798,"structure_id":51793,"section_number":"38.2-5102","catch_line":"Risk retention groups chartered in this Commonwealth","url":"\/38.2-5102\/","token":"38.2\/51\/38.2-5102","metadata":{"court_decisions":""}},{"id":362799,"structure_id":51793,"section_number":"38.2-5103","catch_line":"Risk retention groups not chartered in this Commonwealth","url":"\/38.2-5103\/","token":"38.2\/51\/38.2-5103","metadata":false},{"id":362800,"structure_id":51793,"section_number":"38.2-5104","catch_line":"Associations","url":"\/38.2-5104\/","token":"38.2\/51\/38.2-5104","metadata":false},{"id":362801,"structure_id":51793,"section_number":"38.2-5105","catch_line":"Repealed","url":"\/38.2-5105\/","token":"38.2\/51\/38.2-5105","metadata":false},{"id":362802,"structure_id":51793,"section_number":"38.2-5106","catch_line":"Purchasing groups; exemption from certain laws relating to the group purchase of insurance","url":"\/38.2-5106\/","token":"38.2\/51\/38.2-5106","metadata":false},{"id":362803,"structure_id":51793,"section_number":"38.2-5107","catch_line":"Insurers; exemptions from certain laws relating to the group purchase of insurance","url":"\/38.2-5107\/","token":"38.2\/51\/38.2-5107","metadata":false},{"id":362804,"structure_id":51793,"section_number":"38.2-5108","catch_line":"Notice and registration requirements of purchasing groups","url":"\/38.2-5108\/","token":"38.2\/51\/38.2-5108","metadata":false},{"id":362805,"structure_id":51793,"section_number":"38.2-5109","catch_line":"Restrictions on insurance purchased by purchasing groups","url":"\/38.2-5109\/","token":"38.2\/51\/38.2-5109","metadata":false},{"id":362807,"structure_id":51793,"section_number":"38.2-5110","catch_line":"Commission's authority regarding risk retention groups and purchasing groups","url":"\/38.2-5110\/","token":"38.2\/51\/38.2-5110","metadata":{"court_decisions":{"0":{"name":"National Home Insurance v. State Corp. Commission","case_number":"Civ. A. No. 93-1006-A","citation":"838 F. Supp. 1104","date":"1993-12-03","url":"https:\/\/www.courtlistener.com\/opinion\/8721694\/national-home-insurance-v-state-corp-commission\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":362808,"structure_id":51793,"section_number":"38.2-5111","catch_line":"Penalties","url":"\/38.2-5111\/","token":"38.2\/51\/38.2-5111","metadata":false},{"id":362809,"structure_id":51793,"section_number":"38.2-5112","catch_line":"Duty on agents or brokers","url":"\/38.2-5112\/","token":"38.2\/51\/38.2-5112","metadata":false},{"id":362810,"structure_id":51793,"section_number":"38.2-5113","catch_line":"Financial responsibility policy form or coverage requirements","url":"\/38.2-5113\/","token":"38.2\/51\/38.2-5113","metadata":false},{"id":362811,"structure_id":51793,"section_number":"38.2-5114","catch_line":"Application of other state laws to persons or corporations","url":"\/38.2-5114\/","token":"38.2\/51\/38.2-5114","metadata":false},{"id":362812,"structure_id":51793,"section_number":"38.2-5115","catch_line":"Binding effect of orders issued in U.S. District Court","url":"\/38.2-5115\/","token":"38.2\/51\/38.2-5115","metadata":false}],"previous_section":{"id":362803,"structure_id":51793,"section_number":"38.2-5107","catch_line":"Insurers; exemptions from certain laws relating to the group purchase of insurance","url":"\/38.2-5107\/","token":"38.2\/51\/38.2-5107","metadata":false},"next_section":{"id":362805,"structure_id":51793,"section_number":"38.2-5109","catch_line":"Restrictions on insurance purchased by purchasing groups","url":"\/38.2-5109\/","token":"38.2\/51\/38.2-5109","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5108\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 585 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. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. 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 1992, chapter 588.<\/p>","references":false,"refers_to":false,"permalink":{"id":1444743,"object_type":"law","relational_id":362804,"identifier":"38.2-5108","token":"38.2\/51\/38.2-5108","url":"\/38.2-5108\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-5108\/","token":"38.2\/51\/38.2-5108","dublin_core":{"Title":"Notice and registration requirements of purchasing groups","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5108","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A purchasing group<\/span> which intends to do business in this Commonwealth shall furnish notice to the Commission<\/span>, on forms prescribed by the Commission<\/span>, which shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Identify the state<\/span> in which the group is domiciled; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Identify all other states<\/span> in which the group intends to do business; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Specify the lines and classifications of liability<\/span> insurance<\/span> which the purchasing group<\/span> intends to purchase; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Identify the insurance company<\/span> from which the group intends to purchase its insurance, the domicile of such company, and the business address of such company; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Specify the method by which, and the person<\/span>(s), if any, through whom insurance will be offered to its purchasing groups<\/span> located in this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Identify the principal place of business of the group including the business address of the group; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Provide such other information as may be required by the Commission<\/span> to verify that the purchasing group<\/span> is qualified under the definition set forth in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A purchasing group<\/span> shall, within ten days, notify the Commission<\/span> of any changes in any items set forth in subsection A of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The purchasing group<\/span> shall register with and designate the clerk of the Commission<\/span> as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Which (i) was domiciled before April 1, 1986, and (ii) is domiciled on and after October 27, 1986, in any state<\/span> of the United States<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Which (i) before October 27, 1986, purchased insurance from an insurance carrier licensed in any state<\/span> and (ii) since October 27, 1986, purchases its insurance from an insurance carrier licensed in any state<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Which was a purchasing group<\/span> under the requirements of the Product Liability<\/span> Risk Retention Act of 1981 before October 27, 1986; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Which does not purchase insurance that was not authorized for purposes of an exemption under that Act, as in effect before October 27, 1986. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each purchasing group<\/span> that is required to give notice pursuant to subsection A of this section shall also furnish such information as may be required by the Commission<\/span> to (i) verify that the entity qualifies as a purchasing group<\/span>; (ii) determine where the purchasing group<\/span> is located; and (iii) determine appropriate tax treatment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any purchasing group<\/span> which was doing business in Virginia prior to the enactment of this subsection shall, within thirty days after July 1, 1992, furnish notice to the Commission<\/span> pursuant to the provisions of subsection A of this section and furnish such information as may be required pursuant to subsections B and C of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE AND REGISTRATION REQUIREMENTS OF PURCHASING GROUPS (\u00a7 38.2-5108)\n\nA. A purchasing group which intends to do business in this Commonwealth shall\nfurnish notice to the Commission, on forms prescribed by the Commission, which\nshall:\n\n 1. Identify the state in which the group is domiciled;\n\n 2. Identify all other states in which the group intends to do business;\n\n 3. Specify the lines and classifications of liability insurance which the\n purchasing group intends to purchase;\n\n 4. Identify the insurance company from which the group intends to purchase its\n insurance, the domicile of such company, and the business address of such\n company;\n\n 5. Specify the method by which, and the person(s), if any, through whom\n insurance will be offered to its purchasing groups located in this\n Commonwealth;\n\n 6. Identify the principal place of business of the group including the\n business address of the group; and\n\n 7. Provide such other information as may be required by the Commission to\n verify that the purchasing group is qualified under the definition set forth\n in this chapter.\n\nB. A purchasing group shall, within ten days, notify the Commission of any\nchanges in any items set forth in subsection A of this section.\n\nC. The purchasing group shall register with and designate the clerk of the\nCommission as its agent solely for the purpose of receiving service of legal\ndocuments or process, except that such requirements shall not apply in the case\nof a purchasing group:\n\n 1. Which (i) was domiciled before April 1, 1986, and (ii) is domiciled on and\n after October 27, 1986, in any state of the United States;\n\n 2. Which (i) before October 27, 1986, purchased insurance from an insurance\n carrier licensed in any state and (ii) since October 27, 1986, purchases its\n insurance from an insurance carrier licensed in any state;\n\n 3. Which was a purchasing group under the requirements of the Product\n Liability Risk Retention Act of 1981 before October 27, 1986; and\n\n 4. Which does not purchase insurance that was not authorized for purposes of\n an exemption under that Act, as in effect before October 27, 1986.\n\nD. Each purchasing group that is required to give notice pursuant to subsection\nA of this section shall also furnish such information as may be required by the\nCommission to (i) verify that the entity qualifies as a purchasing group; (ii)\ndetermine where the purchasing group is located; and (iii) determine appropriate\ntax treatment.\n\nE. Any purchasing group which was doing business in Virginia prior to the\nenactment of this subsection shall, within thirty days after July 1, 1992,\nfurnish notice to the Commission pursuant to the provisions of subsection A of\nthis section and furnish such information as may be required pursuant to\nsubsections B and C of this section.\n\nHISTORY: 1987, c. 585; 1992, c. 588.","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"}}