reglab/housing_qa huggingface dataset:
GA Code § 33-13-15 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 1 - General Provisions|§ 33-13-15. Aggrieved Persons; Appeal of Actions of Commissioner; Mandamus

  Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this article may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, except that, if all parties including the Commissioner so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.   The filing of an appeal pursuant to this Code section shall stay the application of any such rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors, or the public.   Any person aggrieved by any failure of the Commissioner to act or make a determination required by this article may petition the Superior Court of Fulton County for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make the determination immediately.     (Code 1933, § 56-3413, enacted by Ga. L. 1970, p. 257, § 1; Ga. L. 1982, p. 3, § 33; Code 1981, §33-13-14; Code 1981, §33-13-15, as redesignated by Ga. L. 2013, p. 802, § 1/HB 312; Ga. L. 2015, p. 608, § 3/SB 108.)   Cross references.   - Judicial review of actions of Commissioner generally, § 33-2-26 et seq.   Editor's notes.   - Ga. L. 2013, p. 802, § 1/HB 312, effective July 1, 2013, redesignated former Code Section 33-13-14 as present Code Section 33-13-15.   This Code section formerly pertained to penalty for willful violation of this chapter by insurers and individuals and was based on Code 1933, § 56-3410, enacted by Ga. L. 1970, p. 257, § 1.
GA Code § 33-13-30 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-30. Confidential and Sensitive Information Within Own Risk and Solvency Assessment Summary Report; Legislative Intent

  The General Assembly finds and declares that an Own Risk and Solvency Assessment Summary Report will contain confidential and sensitive information related to an insurer or insurance group's identification of risks material and relevant to the insurer or insurance group filing the report. This information will include proprietary and trade secret information that has the potential for harm and competitive disadvantage to the insurer or insurance group if the information is made public.   It is the intent of the General Assembly that the Own Risk and Solvency Assessment Summary Report shall be a confidential document filed with the Commissioner, that the Own Risk and Solvency Assessment Summary Report will be shared only as stated in this article and to assist the Commissioner in the performance of his or her duties, and that in no event shall the Own Risk and Solvency Assessment Summary Report be subject to public disclosure.     (Code 1981, §33-13-30, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-13-31 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-31. Purpose

 The purpose of this article is to provide the requirements for maintaining a risk management framework and completing an Own Risk and Solvency Assessment and provide guidance and instructions for filing an Own Risk and Solvency Assessment Summary Report with the Commissioner. The requirements of this article shall apply to all insurers domiciled in this state unless exempt pursuant to Code Section 33-13-36.    (Code 1981, §33-13-31, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-13-32 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-32. Definitions

 As used in this article, the term:    "Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in paragraph (5) of Code Section 33-13-1.   "Insurer" shall have the same meaning as set forth in Code Section 33-1-2, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.   "Own Risk and Solvency Assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer or insurance group's current business plan and the sufficiency of capital resources to support those risks.   "ORSA Guidance Manual" means the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. A change in the ORSA Guidance Manual shall be effective on January 1 following the calendar year in which the changes have been adopted by the National Association of Insurance Commissioners.   "ORSA Summary Report" means a confidential high-level summary of an insurer or insurance group's ORSA.     (Code 1981, §33-13-32, enacted by Ga. L. 2015, p. 608, § 2/SB 108; Ga. L. 2016, p. 864, § 33/HB 737; Ga. L. 2019, p. 337, § 1-67/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted "the current version of" preceding "the Own Risk" in paragraph (4).
GA Code § 33-13-33 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-33. Maintenance of Risk Management Framework

 An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.    (Code 1981, §33-13-33, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-13-34 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-34. Required Conduct of Orsa

 Subject to Code Section 33-13-36, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually, but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.    (Code 1981, §33-13-34, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-13-35 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-35. Submission of Orsa Summary Report

  Upon the Commissioner's request, and no more than once each year, an insurer shall submit to the Commissioner an ORSA Summary Report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the insurer or the insurance group of which it is a member. Notwithstanding any request from the Commissioner, if the insurer is a member of an insurance group, the insurer shall submit the report or reports required by this subsection if the Commissioner is the lead state commissioner of the insurance group as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners.   The report or reports shall include a signature of the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process attesting to the best of his or her belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA Summary Report and that a copy of the report has been provided to the insurer's board of directors or the appropriate committee.   An insurer may comply with subsection (a) of this Code section by providing the most recent and substantially similar report or reports provided by the insurer or another member of an insurance group of which the insurer is a member to the commissioner of another state or to a supervisor or regulator of a foreign jurisdiction, if that report provides information that is comparable to the information described in the ORSA Guidance Manual. Any such report in a language other than English must be accompanied by a translation of that report into the English language.     (Code 1981, §33-13-35, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-13-37 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-37. Preparation of Report; Review and Use

  The ORSA Summary Report shall be prepared consistently with the ORSA Guidance Manual, subject to the requirements of subsection (b) of this Code section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Commissioner.   The review of the ORSA Summary Report and any additional requests for information shall be made using similar procedures used in the analysis and examination of multistate or global insurers and insurance groups.     (Code 1981, §33-13-37, enacted by Ga. L. 2015, p. 608, § 2/SB 108; Ga. L. 2019, p. 337, § 1-68/SB 132.)    The 2019 amendment,  effective July 1, 2019, in subsection (b), substituted "ORSA Summary Report and any additional requests for information shall" for "ORSA Summary Report, and any additional requests for information, shall" and deleted "currently" following "similar procedures".
GA Code § 33-13-39 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-39. Penalty for Noncompliance

 Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this article may be subject to any penalty set forth in subsection (g) of Code Section 33-2-24. The Commissioner may reduce the monetary penalty if the insurer demonstrates to the Commissioner that the imposition of the monetary penalty would constitute a financial hardship to the insurer.    (Code 1981, §33-13-39, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-13-40 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-40. Severability

 Reserved. Repealed by Ga. L. 2019, p. 337, § 1-70/SB 132, effective July 1, 2019.   Editor's notes.   - This Code section was based on Ga. L. 2015, p. 608, § 2/SB 108.
GA Code § 33-13-41 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 13 - Insurance Holding Company Systems|Article 2 - Own Risk and Solvency Assessment Report|§ 33-13-41. Effective Date for Compliance

 The requirements of this article shall become effective on July 1, 2015. The first filing of the ORSA Summary Report shall be required in 2015 pursuant to Code Section 33-13-35.    (Code 1981, §33-13-41, enacted by Ga. L. 2015, p. 608, § 2/SB 108.)
GA Code § 33-14-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-1. Applicability of Chapter

 This chapter shall govern domestic mutual and stock insurers.   (Code 1933, § 56-1501, enacted by Ga. L. 1960, p. 289, § 1.)   Law reviews.   - For note on 2000 amendments of O.C.G.A. §§ 33-14-5,33-14-6,33-14-8,33-14-24,33-14-25, see 17 Ga. St. U.L. Rev. 212 (2000).   OPINIONS OF THE ATTORNEY GENERAL   Existing stock company must amend charter to issue participating policies.   - A Georgia stock insurance company chartered after 1950, but before the adoption of this title by Ga. L. 1960, p. 289, must amend its charter in order to issue participating policies if no reference is made to such policies in the charter. 1965-66 Op. Att'y Gen. No. 66-51.
GA Code § 33-14-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-2. Definitions

 As used in this chapter, the term:    "Mutual insurer" means an incorporated insurer without capital stock or shares which is owned and governed by its policyholders.   "Stock insurer" means an incorporated insurer with capital divided into shares and owned by its shareholders.    (Code 1933, § 56-1502, enacted by Ga. L. 1960, p. 289, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 58, 66.   C.J.S.   - 44 C.J.S., Insurance, §§ 162 et seq., 181 et seq.
GA Code § 33-14-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-3. Applicability of General Corporation Statutes

 The applicable statutes of this state relating to the powers and procedures of domestic private corporations formed for profit shall apply to domestic stock insurers and to domestic mutual insurers, except where in conflict with the express provisions of this title and the reasonable implications of those provisions.   (Code 1933, § 56-1503, enacted by Ga. L. 1960, p. 289, § 1.)   Cross references.   - Specific limitations upon powers of General Assembly in regard to corporations, Ga. Const. 1983, Art. III, Sec. VI, Para. V.   Business corporations generally, T. 14, C. 2.   Secretary of State corporations, T. 14, C. 4.   JUDICIAL DECISIONS    Cited in Short v. State, 235 Ga. 394, 219 S.E.2d 728 (1975).
GA Code § 33-14-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-7. Name of Corporation

  No name shall be adopted by a domestic mutual or stock insurance corporation which is so similar to any name already in use by any such existing corporation, company, or association organized or doing business in this state as to be confusing or misleading and the Commissioner shall not approve an application from the applicant nor shall the Secretary of State issue a charter to the applicant.   The name of the corporation shall include the word "company" or "corporation" or have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as will clearly indicate that it is a corporation.   Except as provided in subsection (d) of Code Section 33-14-76 with regard to converted insurers, if the corporation is a mutual insurer, the term "mutual" shall also be a part of the name.    (Code 1933, § 56-1507, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1994, p. 300, § 1.)   Law reviews.   - For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 196 (1994).   JUDICIAL DECISIONS    Cited in Piedmont Life Ins. Co. v. Bell, 109 Ga. App. 251, 135 S.E.2d 916 (1964).   OPINIONS OF THE ATTORNEY GENERAL   Amendment of charter changing name releases old name never used for business.   - An amendment of an insurance company's charter changing the name of that insurance company would automatically release that name for immediate use by another insurance company where the original company did no insurance business under its old name; that is, it neither issued policies, paid claims, nor advertised its name or reputation in any way with the general public. 1967 Op. Att'y Gen. No. 67-457.   RESEARCH REFERENCES   C.J.S.   - 44 C.J.S., Insurance, § 164.
GA Code § 33-14-9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-9. Powers of Corporations Generally

 Every corporation organized under this title shall have the same corporate powers as are conferred upon private corporations except where inconsistent with this chapter.   (Code 1933, § 56-1508, enacted by Ga. L. 1960, p. 289, § 1.)   Cross references.   - Specific limitations upon powers of General Assembly in regard to corporations, Ga. Const. 1983, Art. III, Sec. VI, Para. V.   Business corporations generally, T. 14, C. 2.   Secretary of State corporations, T. 14, C. 4.   JUDICIAL DECISIONS    Cited in Piedmont Life Ins. Co. v. Bell, 109 Ga. App. 251, 135 S.E.2d 916 (1964).   OPINIONS OF THE ATTORNEY GENERAL    A mutual insurance company may organize and capitalize a stock company as a subsidiary, provided the prior consent of the Commissioner is obtained and the conditions indicated in former Code 1933, § 56-1027 (see O.C.G.A. § 33-11-37) are complied with. 1962 Op. Att'y Gen. p. 294.
GA Code § 33-14-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-10. Sale of Subscriptions for Insurance Securities and Sale Offer of Insurance Securities

  As used in this Code section, "insurance securities" means the securities of an insurer who is the issuer of a security as the word "security" is defined in Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008."   No person shall sell, offer for sale, or propose to sell to the public any subscriptions for insurance securities in this state unless the insurer which shall issue the insurance securities provided in the subscription has applied for, qualified for, received, and holds authority to transact insurance in this state from the Commissioner, or has an effective registration of the subscriptions for insurance securities with the Securities and Exchange Commission, or unless the subscriptions are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission.   No person shall sell, offer for sale, or propose to sell to the public any insurance securities in this state unless the insurer which shall issue said insurance securities has applied for, qualified for, received, and holds authority to transact insurance in this state from the Commissioner, or has an effective registration of such securities with the Securities and Exchange Commission, or unless such securities are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission.   Nothing contained in this Code section shall be deemed to repeal any of Chapter 5 of Title 10 but shall be supplementary and in addition thereto.   Any person violating this Code section shall be guilty of a misdemeanor.   The Commissioner shall be authorized to withhold the authority of any insurer to transact insurance in this state so long as any person who has been convicted of any offense defined in this Code section remains an officer, employee, or agent of the person or entity seeking the authority to transact insurance.    (Code 1933, § 1506.1, enacted by Ga. L. 1966, p. 217, § 1; Ga. L. 1992, p. 6, § 33; Ga. L. 2008, p. 381, § 10/SB 358.)   OPINIONS OF THE ATTORNEY GENERAL    This section is applicable only to domestic insurers  and is not applicable to foreign or alien insurers whether or not they are licensed to transact insurance in Georgia. 1982 Op. Att'y Gen. No. 82-16.   RESEARCH REFERENCES   C.J.S.   - 44 C.J.S., Insurance, § 165 et seq.
GA Code § 33-14-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-11. Charitable, Scientific, or Educational Donations

 An insurer shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes subject to such limitations, if any, as may be contained in its charter or any amendment thereto.   (Code 1933, § 56-1518, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-14-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 14 - Domestic Stock and Mutual Insurers|Article 1 - General Provisions|§ 33-14-12. Number, Qualifications, Election, and Terms of Directors

  The affairs of every domestic insurer shall be managed by not less than three directors.   Directors must be elected by the members or stockholders of a domestic insurer at the annual meeting of stockholders or members. Directors may be elected for terms of not more than three years each and until their successors are elected and have qualified; and if to be elected for terms of more than one year the insurer's bylaws shall provide for a staggered term system under which the terms of a proportionate part of the members of the board of directors will expire on the date of each annual meeting of stockholders or members.   At least one-fourth of the directors of the insurer must be residents of this state. A majority of the directors must be citizens of the United States.    (Code 1933, § 56-1519, enacted by Ga. L. 1960, p. 289, § 1.)   Cross references.   - Management contracts, § 33-14-14.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, annotations decided under former Civil Code 1895, § 2007 et seq. are included in the annotations for this Code section.   Incorporators may not be given continuing management powers in certificate.    - Where an application to the Secretary of State for a charter for a fraternal beneficiary order in specifying the powers desired recited powers to the incorporators to govern and control the corporation, and the Secretary of State issued a certificate of incorporation purporting to confer such powers, the certificate was not to be treated as conferring charter power on the petitioners for incorporation to control the internal affairs of the corporation after it was organized. Eminent Household of Columbian Woodmen v. Thornton, 134 Ga. 405, 67 S.E. 849 (1910), later appeal, 135 Ga. 786, 70 S.E. 666 (1911) (decided under former Civil Code 1895, § 2007 et seq.).   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 70.   C.J.S.   - 44 C.J.S., Insurance, §§ 170 et seq., 189 et seq.