reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-9 - Study materials for applicants

The rules and regulations of the Commissioner shall designate textbooks, manuals, and other materials to be studied by the applicant in preparation for examinations in each classification designated by the Commissioner. The textbooks, manuals, or other materials may consist of matter available to applicants by purchase from the publisher or may consist of matter prepared at the direction of the Commissioner and distributed to applicants upon request therefor and payment of reasonable costs. When textbooks, manuals, or other materials shall have been designated by or prepared at the direction of the Commissioner, all examination questions shall be prepared from the contents of those textbooks, manuals, or other materials.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-10 - Examination of applicants

(a)
Each individual applicant for a license as agent, limited subagent, counselor, adjuster, or surplus line broker shall submit to a personal examination in writing as to his or her competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reasonable waiting period before giving a reexamination to an applicant who failed to pass a previous similar examination.
(b)
The Commissioner shall by rule or regulation establish criteria and procedures for:
(1)
The scope of any examination; and
(2)
Exemptions, if any, to examinations, provided that the Commissioner shall not, under any circumstances, exempt himself or herself from any written examination requirements set forth in this Code section.
(c)
An applicant for a license to act as an agent, limited subagent, surplus line broker, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if application is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that:
(1)
The individual was a member of the armed forces of the United States at the time the previous license lapsed; and
(2)
The individual's service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license.
Amended by 2011 Ga. Laws 112,§ 9, eff. 7/1/2011.
Amended by 2008 Ga. Laws 767,§ 6, eff. 7/1/2008.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-11 - Issuance and contents of license; display certificate of licensure

(a)
The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this article.
(b)
The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered if not an insurance agency license, and the other conditions of licensing.
(c)
Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application procedures for the certificate and the form and content of the certificate.
(d)
The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative, record keeping, printing, mounting, and other services related to the administration of the Commissioner's duties under this article and to set appropriate charges by rule or regulation to cover the costs of such services which shall be in addition to the fees otherwise provided for in this title and may be paid directly to the providers of such services. The Commissioner may require applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display directly to the provider of such services. The Commissioner may require insurers to pay such charges for licensing testing, administrative, record keeping, and other services provided for in this subsection directly to the provider of such services in an amount corresponding to the number of their authorized agents.
Amended by 2020 Ga. Laws 406,§ 3, eff. 6/30/2020.
Amended by 2019 Ga. Laws 140,§ 6, eff. 7/1/2019.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-14 - Probationary licenses

(a)
The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter.
(b)
A probationary license may be issued for a period of not less than three months and not longer than 24 months and shall be subject to immediate revocation for cause at any time without a hearing.
(c)
The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period.
Amended by 2023 Ga. Laws 265,§ 2, eff. 5/3/2023.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-15 - Additional licenses

The Commissioner may issue two or more licenses to one individual provided the individual meets all qualifications and conditions for each such license.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-17 - Registration of nonresident representatives to represent life insurers in military installations in foreign countries

An individual who is not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such individual only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms prescribed by the department and upon payment of an annual registration fee of $25.00, issue a certificate of registration to the individual. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment and that such applicant has not had his or her privileges to solicit on or enter any United States military installation revoked, suspended, or restricted in any manner. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title.
Added by 2005 Ga. Laws 108,§ 4, eff. 7/1/2005.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-18 - Issuance of license on biennial basis; filing for renewal; continuing education requirements

(a)
All resident agent, limited subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a biennial basis and shall expire on the last day of the licensee's birth month.
(b)
Resident agent, limited subagent, adjuster, and counselor licenses may be renewed upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law.
(c)
Renewal of the license on forms prescribed by rule or regulation must be made prior to the last day of the licensee's birth month and biennially thereafter.
(d)
Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed 15 classroom hours for each licensed individual who has held a license for less than 20 years during the year. For those individuals who have held a license for 20 years or more, the requirement shall be no more than ten classroom hours during the year. However, the Commissioner may provide by rule or regulation for continuing education requirements on a biennial basis.
(e)
Any individual who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section
33-23-1
other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such individual wishes to again perform any of the other functions specified in said paragraph, such individual must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section.
(f)
Every individual required to participate in a continuing education program pursuant to this Code section, or such individual's insurer, shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements.
(g)
The Commissioner by rule or regulation may establish the following:
(1)
Staggered deadlines for the filing of forms for renewal of licenses and the corresponding required fees; and
(2)
Penalties and procedures for licensees who fail to comply with subsection (c) of this Code section.
Amended by 2019 Ga. Laws 140,§ 8, eff. 7/1/2019.
Amended by 2012 Ga. Laws 419,§ 2, eff. 3/22/2012.
Amended by 2011 Ga. Laws 220,§ 3, eff. 5/12/2011.
Amended by 2008 Ga. Laws 767,§ 9, eff. 7/1/2008.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-19 - Placing of license on inactive status; subsequent revocation

(a)
An agent's license shall be placed on inactive status when the agent no longer has on file with the Commissioner a certificate of authority to represent at least one insurer licensed to do business in this state.
(b)
When a license is placed on inactive status under this Code section, the agent shall be prohibited from selling, soliciting, or negotiating insurance.
(c)
During the time a license is in inactive status under the provisions of this Code section, the licensee still shall be required to provide evidence of compliance with the continuing education requirements of Code Section
33-23-18
.
Amended by 2008 Ga. Laws 767,§ 10, eff. 7/1/2008.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-20 - Effect of license suspension or placement of license on inactive status

(a)
The suspension of the license of an agent or limited subagent or the placing of such license on inactive status shall not deprive such individual or the executors or administrators of such individual's estate of any right that may have been acquired by a contract made before such suspension or placement on inactive status to receive all or a portion of commissions upon contracts of insurance written before such suspension or placement on inactive status with reference to the periods of time during which such contracts are in effect, including renewal option periods provided in the contracts.
(b)
In case of a sale of an agency upon a work-out basis, the seller without maintaining his or her license or the executors and administrators of the seller's estate may participate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the seller ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, when the countersignature of a resident licensed agent is required pursuant to Code Section
33-3-26
and if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods.
(c)
Nothing in this article shall be construed to permit an agent or limited subagent whose license has been suspended or placed in inactive status to sell, solicit, or negotiate insurance other than as expressly permitted in subsections (a) and (b) of this Code section.
Amended by 2019 Ga. Laws 140,§ 9, eff. 7/1/2019.
Amended by 2008 Ga. Laws 767,§ 11, eff. 7/1/2008.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-21.1 - Licensing for educational borrowers in default

The Commissioner shall not refuse to issue nor suspend or revoke a license of an applicant for or holder of a license because he or she has been certified by any entity of the federal government for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program.
Amended by 2024 Ga. Laws 399,§ 2-34, eff. 6/30/2024.
Added by 2019 Ga. Laws 146,§ 1-9, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-22 - Notice of suspension or revocation of license; hearing; appeals

(a)
Any license, other than a probationary license or inactive license as described in subsection (a) of Code Section
33-23-19
, may be suspended or revoked as provided by Code Section
33-23-21
and subsection (b) of Code Section
33-23-19
, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed in all cases except those cases pursuant to paragraph (20) of Code Section
33-23-21
which shall only require the hearings provided for in said paragraph.
(b)
Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title.
Amended by 2019 Ga. Laws 146,§ 1-10, eff. 7/1/2019.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-23 - Limitation on application after refusal or revocation of license; effect of surrender of license under written consent order

(a)
No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections
33-23-21
and
33-23-22
shall be entitled to file another application for a license as an agent, agency, limited subagent, surplus lines broker, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation.
(b)
The application when filed may be refused by the Commissioner unless the applicant shows good cause why the refusal or revocation of the license shall not be deemed a bar to the issuance of a new license.
(c)
Any surrender of a license under written consent order shall have the same effect as a revocation under subsections (a) and (b) of this Code section.
(d)
At the Commissioner's discretion, an applicant whose application was refused under subsection (a) or (b) of this Code section may be permitted to file an application for a license; provided, however, that such application shall be filed no less than one year from the effective date of the refusal.
Amended by 2023 Ga. Laws 265,§ 3, eff. 5/3/2023.
Amended by 2019 Ga. Laws 140,§ 10, eff. 7/1/2019.
Amended by 2008 Ga. Laws 767,§ 12, eff. 7/1/2008.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-24 - Permits and licenses not transferable

The permits of service representatives and licenses of licensees under this article shall not be transferable.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-25 - Place of business

Every licensed agent, limited subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address.
Amended by 2008 Ga. Laws 767,§ 13, eff. 7/1/2008.
Amended by 2006 Ga. Laws 667,§ 8, eff. 7/1/2006.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-27 - Subagent's certificate of authority

(a)
Each agent licensed in this state shall obtain a certificate of authority for each subagent representing such agent in this state.
(b)
Each subagent's certificate of authority shall be renewed by the agent not more than once every three years in such form and manner as specified by the Commissioner by rule or regulation.
(c)
Each agent shall also be required to inform the Commissioner of any termination of or change to any certificate of authority for each subagent in such form and manner as may be prescribed by the Commissioner by rule or regulation.
(d)
The fee for each subagent's certificate of authority or renewal or duplicate thereof shall be as provided by law.
(e)
The subagent's certificate shall be held by the agent and shall be returned to the Commissioner upon termination of the subagent's authority along with an explanation of the reason for such termination in such form and manner as the Commissioner may specify by rule or regulation.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-28 - Scope of subagent's authority; record of transactions

(a)
A subagent's certificate of authority shall not cover any kind of insurance for which the sponsoring agent and subagent are not licensed.
(b)
A subagent or limited subagent shall not have power to bind an insurer.
(c)
All business transacted by a subagent under such subagent's license or limited subagent shall be in the name of the agent by whom the subagent or limited subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent or limited subagent within the scope of his or her employment.
(d)
A record of each transaction shall be maintained jointly by the agent and the subagent or limited subagent.
Amended by 2019 Ga. Laws 140,§ 11, eff. 7/1/2019.
Amended by 2008 Ga. Laws 767,§ 15, eff. 7/1/2008.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-29.1 - Licensing of nonresident counselors

(a)
An individual residing in another state may be licensed by the Commissioner as a nonresident counselor under the following circumstances and in the following manner:
(1)
Upon written application and payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident counselor if the individual is licensed in his or her home state as a counselor;
(2)
Applicants whose home state does not require a license to transact business as a counselor may be licensed in this state provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from the applicant's resident home state demonstrating the lack of a licensing requirement and such state's reciprocity with residents of this state; and
(3)
The required fee for the license shall be the fee provided by law or the sum which is charged as a license fee for nonresident counselors by the state of the applicant's residence, whichever is greater.
(b)
The Commissioner shall issue a license to an individual to act as a nonresident counselor if, by the laws of the state of the applicant's residence, residents of this state may be licensed as nonresident counselors in the same manner.
(c)
The Commissioner is authorized to enter into reciprocal agreements with the appropriate official of any other jurisdiction for the purpose of implementing this Code section.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
Added by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-30 - Restrictions on signing by agents

An agent shall not sign in blank any policy to be issued outside of such agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechanically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-31 - Risk situs; service on nonresidents; venue of action

(a)
A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state.
(b)
Each nonresident by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident by serving the same upon the Commissioner. Service shall be made by leaving with the office of the Commissioner a copy of the notice, summons, or process with a fee. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail or statutory overnight delivery by the plaintiff or by the Commissioner to the residence of the nonresident addressed to the nonresident. The nonresident's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiff's attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the nonresident places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term "process" shall include a petition or complaint attached thereto.
Amended by 2019 Ga. Laws 140,§ 13, eff. 7/1/2019.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-32 - Countersigning by resident agents not required generally; exceptions; commissions

Except when required in retaliation pursuant to Code Section
33-3-26
, insurance contracts on risks or property located or having a situs in this state need not be countersigned by an agent duly licensed in accordance with Code Section
33-23-5
; but, if a licensed nonresident agent participates in the effectuation of such contract and a countersignature is so required, the countersigning agent licensed in accordance with Code Section
33-23-5
shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-33 - Duty of licensees to provide current information of names and addresses

(a)
Every licensee under this chapter shall keep the Commissioner advised of:
(1)
The office address of the licensee;
(2)
The residence address of the licensee;
(3)
The name and address of each insurer that the licensee represents directly or indirectly;
(4)
The name and address of each agency of which the licensee is proprietor, partner, officer, director, or employee or which the licensee represents;
(5)
Every trade name of such agency; and
(6)
The names of all partners and members of any firm or association and the corporate name of any corporation owning or operating such agency as such information changes.
(b)
Any change in the information required by subsection (a) of this Code section shall be transmitted to the Commissioner within 30 days of such change on forms prescribed by the Commissioner.
(c)
The Commissioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted.
Amended by 2019 Ga. Laws 140,§ 14, eff. 7/1/2019.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-34 - Records of transactions

(a)
Every agent, limited subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include:
(1)
In the case of an agent or limited subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid;
(2)
In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and
(3)
Such other and additional information as may be customary or as may be reasonably required by the Commissioner.
(b)
All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the contract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted.
(c)
In the case of agents or limited subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section.
Amended by 2008 Ga. Laws 767,§ 17, eff. 7/1/2008.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-35 - Reporting and disposition of premiums

(a)
An agent, limited subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor.
(b)
All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or agent as entitled to such funds. Nothing contained in this Code section shall be deemed to require any agent or subagent to maintain a separate bank deposit for the funds of each principal, if the funds so held for each principal are reasonably ascertainable from the books of accounts and records of the agent or subagent.
(c)
Any violation of this Code section shall constitute grounds or cause for action by the Commissioner, including, but not limited to, probation, suspension, or revocation of the license. Each and every act by a licensee shall also constitute grounds for fines and penalties, which amounts shall be set by rule or regulation of the Commissioner. Any willful violation of this Code section shall constitute a misdemeanor unless such amounts involved exceed $1,000.00, whereby such violation shall constitute a felony.
Amended by 2019 Ga. Laws 140,§ 15, eff. 7/1/2019.
Amended by 2008 Ga. Laws 767,§ 18, eff. 7/1/2008.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-36 - Inquiry into illegal or improper conduct

The Commissioner may upon his or her own motion and shall upon a written complaint signed by a citizen of this state and filed with the Commissioner inquire into any alleged illegal or improper conduct of any licensee or inquire into the question of whether a licensee is untrustworthy or not competent or not qualified to act as a licensee under this chapter. No finding or decision adverse to any person in regard to whom the inquiry is conducted shall be made by the Commissioner until after notice and hearing as provided in Chapter 2 of this title.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-37 - Licensing of surplus lines broker; application; bond; written examination

(a)
Nothing in this chapter shall prevent the placing of surplus lines of insurance when authorized and permitted under this title.
(b)
Any person, while licensed as a resident agent as to property, casualty, and surety insurance and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus lines broker as follows:
(1)
Application to the Commissioner for the license shall be on forms furnished by the Commissioner;
(2)
The license fee shall be in an amount as provided in Code Section
33-8-1
;
(3)
Each license shall be issued on a biennial basis and shall expire on the last day of the licensee's birth month and may be renewed by filing an application and paying the prescribed fee in accordance with this Code section;
(4)
Prior to the issuance of the license or any renewal of the license, the applicant shall file a bond with the Commissioner or his or her successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following:
(A)
Place insurance only in compliance with Code Section
33-5-25
;
(B)
Remit promptly the taxes provided in Code Section
33-5-31
;
(C)
Account to any person requesting him or her to obtain insurance for funds or premiums collected in connection with such insurance; and
(D)
Otherwise conduct business in accordance with this title.
The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and
(5)
Each applicant for a license to act as a surplus lines broker shall submit to a personal written examination to determine his or her competence, unless the applicant is licensed as a surplus lines broker in his or her home state.
Amended by 2019 Ga. Laws 140,§ 16, eff. 7/1/2019.
Amended by 2012 Ga. Laws 419,§ 3, eff. 3/22/2012.
Amended by 2011 Ga. Laws 220,§ 4, eff. 5/12/2011.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-38 - Placing insurance beyond scope of license or with nonlicensed insurers prohibited; restrictions on sharing commissions; penalty for violation

(a)
No agent or limited subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agent's or limited subagent's license, nor shall the agent or limited subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state.
(b)
Except as otherwise provided in this title, no person shall solicit or be instrumental in placing insurance upon any risk having a situs in this state except with an insurer admitted to do insurance business in this state.
(c)
A violation of this Code section shall authorize, among other penalties, the revocation of the violator's license as an agent or subagent.
Amended by 2008 Ga. Laws 767,§ 19, eff. 7/1/2008.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-39 - Placing of insurance through unlicensed agent prohibited; exception relating to construction project bid bonds

No insurer shall issue, make, write, place, or cause to be made, written, placed, or issued any contract of insurance, indemnity, or suretyship covering risks or property located or having a situs in this state or covering any liability created by or arising under the laws of this state, except through an agent or agents licensed pursuant to this article, except that bid bonds issued by any surety insurer in connection with any public or private building or construction project may be issued without regard to this Code section or as provided for in subparagraph (h)(2)(F) of Code Section
33-23-4
.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-40 - Contracts issued by unauthorized persons not rendered unenforceable

Any contract of insurance issued by a person prohibited by this chapter from so issuing it shall not be rendered unenforceable by reason of the violation of this chapter, but all persons knowingly participating in the violation shall be subject to the provisions of Chapter 2 of this title.
Amended by 2019 Ga. Laws 140,§ 17, eff. 7/1/2019.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-41 - Liability and penalties for unauthorized acts

Any person who in this state acts, purports to act, or holds himself or herself out as an agent, limited subagent, counselor, or adjuster or as an employee of an agent, limited subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this article or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title.
Amended by 2019 Ga. Laws 140,§ 18, eff. 7/1/2019.
Amended by 2008 Ga. Laws 767,§ 20, eff. 7/1/2008.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-42 - Performing acts for unauthorized insurer

Any person who performs any of the acts or things specified in this chapter for any insurance company or agent of said company without such company's having first received a certificate of authority from the Commissioner as required by law shall be punished as for a misdemeanor and shall also pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by insurance companies legally doing business in this state. It shall be the duty of the Commissioner to report any violation of this Code section to the district attorney or prosecuting attorney of the circuit or county which has jurisdiction.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.1 - Representing oneself as public adjuster; when license not required

(a)
No person may act or hold himself or herself out to be a public adjuster in this state unless such person holds a public adjuster license issued by the Commissioner.
(b)
A public adjuster license is not, however, required for:
(1)
An attorney licensed to practice law in this state while acting for an insured concerning a loss under a policy; or
(2)
A person licensed as a general property and casualty agent or personal lines property and casualty agent while acting for an insurer concerning a loss under a policy issued by that agent.
Added by 2021 Ga. Laws 185,§ 2, eff. 7/1/2021.
Renumbered as §
33-23-43.2
and amended by 2021 Ga. Laws 185,§ 3, eff. 7/1/2021