reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 14 - DOMESTIC STOCK AND MUTUAL INSURERS (§§ 33-14-1 — 33-14-128) › Article 6 - DIVISION OF INSURER (§§ 33-14-120 — 33-14-128) › Section 33-14-127 - Rights of shareholders of dividing insurer

A shareholder of a dividing insurer shall be entitled to appraisal rights and to obtain payment of the fair value of that shareholder's shares pursuant to Code Section
14-2-1302
.
Added by 2019 Ga. Laws 147,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 14 - DOMESTIC STOCK AND MUTUAL INSURERS (§§ 33-14-1 — 33-14-128) › Article 6 - DIVISION OF INSURER (§§ 33-14-120 — 33-14-128) › Section 33-14-128 - Regulatory authority

The Commissioner may, in accordance with the procedures set forth in Code Section
33-2-9
, promulgate rules and regulations necessary to implement and enforce the provisions of this article. If the Commissioner should find that extraordinary circumstances exist and that it would be in the best interests of the citizens of this state, the Commissioner may suspend temporarily the applicability of any rule or regulation promulgated pursuant to this article.
Added by 2019 Ga. Laws 147,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 1 - ORGANIZATION AND GOVERNANCE; DEFINITIONS (§§ 33-15-1 — 33-15-5) › Section 33-15-1 - Description of fraternal benefit society

Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under the provisions of paragraph (2) of subsection (a) of Code Section
33-15-123
, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which provides benefits in accordance with this chapter is declared to be a fraternal benefit society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 1 - ORGANIZATION AND GOVERNANCE; DEFINITIONS (§§ 33-15-1 — 33-15-5) › Section 33-15-2 - Lodge system; lodges for children

(a)
A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings periodically in furtherance of the purposes of the society.
(b)
A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children nor shall they have a voice or vote in the management of the society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 1 - ORGANIZATION AND GOVERNANCE; DEFINITIONS (§§ 33-15-1 — 33-15-5) › Section 33-15-3 - Representative form of government; supreme governing body; officers

A society has a representative form of government when:
(1)
It has a supreme governing body constituted in one of the following ways:
(A)
The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than a majority of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws; or
(B)
The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;
(2)
The officers of the society are elected either by the supreme governing body or by the board of directors;
(3)
Only benefit members are eligible for election to the supreme governing body, the board of directors, or any intermediate assembly; and
(4)
Each voting member shall have one vote and no vote may be cast by proxy.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 1 - ORGANIZATION AND GOVERNANCE; DEFINITIONS (§§ 33-15-1 — 33-15-5) › Section 33-15-4 - Definitions

As used in this chapter, the term:
(1)
"Benefit contract" means the agreement for provision of benefits authorized by Code Section
33-15-60
, as that agreement is described in subsection (a) of Code Section
33-15-63
.
(2)
"Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
(3)
"Certificate" means the document issued as written evidence of the benefit contract.
(4)
"Laws" means the society's articles of incorporation, charter, constitution, and bylaws, however designated.
(5)
"Lodge" means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation.
(6)
"Premiums" means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate.
(7)
"Rules" means all rules, regulations, or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society.
(8)
"Society" means fraternal benefit society, unless otherwise indicated.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 1 - ORGANIZATION AND GOVERNANCE; DEFINITIONS (§§ 33-15-1 — 33-15-5) › Section 33-15-5 - Purposes of society; adoption of laws and rules

(a)
A society shall operate for the benefit of members and their beneficiaries by:
(1)
Providing benefits as specified in Code Section
33-15-60
; and
(2)
Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others.
Such purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations.
(b)
Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to, or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 2 - PROVISIONS OF LAWS AND RULES; MEMBERSHIP CLASSES; PRINCIPAL OFFICE; INDEMNIFICATION (§§ 33-15-20 — 33-15-23) › Section 33-15-20 - Membership classes; eligibility standards; rights and privileges

(a)
A society shall specify in its laws or rules:
(1)
Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age 15 and not greater than age 21;
(2)
The process for admission to membership for each membership class; and
(3)
The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(b)
A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.
(c)
Membership rights in the society are personal to the member and are not assignable.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 2 - PROVISIONS OF LAWS AND RULES; MEMBERSHIP CLASSES; PRINCIPAL OFFICE; INDEMNIFICATION (§§ 33-15-20 — 33-15-23) › Section 33-15-21 - Principal office of society; meetings; official publications; annual statement; provision for grievance or complaint procedures

(a)
The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory wherein such society has at least one subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.
(b)
(1)
A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices, and statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy.
(2)
Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society's official publication.
(c)
A society may provide in its laws or rules for grievance or complaint procedures for members.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 2 - PROVISIONS OF LAWS AND RULES; MEMBERSHIP CLASSES; PRINCIPAL OFFICE; INDEMNIFICATION (§§ 33-15-20 — 33-15-23) › Section 33-15-23 - Limitation on power of subordinate body

The laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary of a member.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 3 - FORMATION AND PETITIONS FOR CHARTER; AMENDMENTS OF LAWS; REINSURANCE; CONSOLIDATIONS AND MERGERS; CONVERSIONS (§§ 33-15-40 — 33-15-45) › Section 33-15-41 - Amendment of laws; referendum; approval of Commissioner

(a)
A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods specified in this Code section. Charter amendments shall be filed in triplicate with the Commissioner, published, and approved only under the procedure established in Code Section
33-14-8
.
(b)
No amendment to the laws of any domestic society shall take effect unless approved by the Commissioner and granted by the Secretary of State as provided in Code Section
33-14-8
. The Commissioner and Secretary of State shall approve the amendment if they find that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society. Unless the Commissioner shall disapprove any such amendment within 30 days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the Commissioner shall be forwarded, in writing, to the Secretary of State and also mailed to the secretary or corresponding officer of the society at its principal office. If the Commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice. Amendments to charters shall not be effective until granted by the Secretary of State.
(c)
Within 90 days from the approval thereof by the Commissioner, all such amendments or a synopsis thereof shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima-facie evidence that such amendments or synopsis thereof have been furnished the addressee.
(d)
Every foreign or alien society authorized to do business in this state shall file with the Commissioner a duly certified copy of all amendments of, or additions to, its laws within 30 days after the enactment of same.
(e)
Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima-facie evidence of the legal adoption thereof.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 3 - FORMATION AND PETITIONS FOR CHARTER; AMENDMENTS OF LAWS; REINSURANCE; CONSOLIDATIONS AND MERGERS; CONVERSIONS (§§ 33-15-40 — 33-15-45) › Section 33-15-42 - Operation of not for profit institutions

A society may create, maintain, and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted by paragraph (2) of subsection (a) of Code Section
33-15-5
. Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held, or leased by the society for this purpose shall be reported in every annual statement. No society shall own or operate funeral homes or undertaking establishments.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 3 - FORMATION AND PETITIONS FOR CHARTER; AMENDMENTS OF LAWS; REINSURANCE; CONSOLIDATIONS AND MERGERS; CONVERSIONS (§§ 33-15-40 — 33-15-45) › Section 33-15-43 - Reinsurance

(a)
A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer other than another fraternal benefit society having the power to make such reinsurance and authorized to do business in this state, in accordance with Code Section
33-7-14
.
(b)
Notwithstanding the limitation in subsection (a) of this Code section, a society may reinsure the risks of another society in a consolidation or merger approved by the Commissioner under Code Section
33-15-44
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 3 - FORMATION AND PETITIONS FOR CHARTER; AMENDMENTS OF LAWS; REINSURANCE; CONSOLIDATIONS AND MERGERS; CONVERSIONS (§§ 33-15-40 — 33-15-45) › Section 33-15-45 - Conversion to mutual life insurance company

Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of Chapter 14 of this title if the plan of conversion has been approved by the Commissioner. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of such plan. No such conversion shall take effect unless and until approved by the Commissioner who may give such approval if the Commissioner finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 4 - BENEFIT CONTRACTS (§§ 33-15-60 — 33-15-65) › Section 33-15-60 - Contractual benefits allowed; persons covered

(a)
A society may provide the following contractual benefits in any form:
(1)
Death benefits;
(2)
Endowment benefits;
(3)
Annuity benefits;
(4)
Temporary or permanent disability benefits;
(5)
Hospital, medical, or nursing benefits;
(6)
Monument or tombstone benefits to the memory of deceased members; and
(7)
Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.
(b)
A society shall specify in its rules those persons who may be issued or covered by the contractual benefits in subsection (a) of this Code section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 4 - BENEFIT CONTRACTS (§§ 33-15-60 — 33-15-65) › Section 33-15-61 - Beneficiary designations; funeral benefits; payment upon death of person without lawful beneficiary

(a)
The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.
(b)
A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member.
(c)
If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid as provided in subsection (b) of this Code section, shall be payable to the estate of the deceased insured the same as other property not exempt, provided that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 4 - BENEFIT CONTRACTS (§§ 33-15-60 — 33-15-65) › Section 33-15-62 - Exemption of benefits from process

No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 4 - BENEFIT CONTRACTS (§§ 33-15-60 — 33-15-65) › Section 33-15-64 - Provisions on control of exercise of rights incident to certificate; printing; notice and consent requirements

(a)
Any provision of a certificate which stipulates or relates to the control of the exercise of all rights incident to the certificate shall be set out under a separate caption and shall be printed in boldface type.
(b)
Any provision of a certificate which changes the control of the exercise of all rights incident to the certificate from the original applicant to the named member upon such member's attainment of a certain age, which is less than the age of legal majority as provided in Code Section
39-1-1
, shall not become effective unless written notice has been given to the original applicant and the named member and the written consent of such parties has been obtained as provided in subsection (c) of this Code section.
(c)
The notice as required in subsection (b) of this Code section shall be given 180 days prior to the date the member will attain the designated age. The notice shall be delivered in person or given by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last addresses of record of the original applicant and the named member and receiving the receipt provided by the United States Postal Service or such other evidence as prescribed or accepted by the United States Postal Service.
(d)
In the event the written consent of the original applicant and the named member is not obtained prior to the date such member reaches the age designated in the certificate, the original applicant shall retain control of the exercise of all rights incident to the policy until the date the named member reaches the age of legal majority as defined in Code Section
39-1-1
.
Amended by 2019 Ga. Laws 139,§ 1-74, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 4 - BENEFIT CONTRACTS (§§ 33-15-60 — 33-15-65) › Section 33-15-65 - Value of paid-up nonforfeiture benefits and amounts of cash surrender values, loans, or other options

(a)
For certificates issued prior to one year after January 1, 1994, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1994.
(b)
For certificates issued on or after one year from January 1, 1994, for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or the Commissioners 1980 Standard Mortality Table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 5 - ASSETS AND INVESTMENTS (§§ 33-15-80 — 33-15-83) › Section 33-15-80 - Investments of funds

A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated shall be held to meet the requirements of this Code section for the investment of funds.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 5 - ASSETS AND INVESTMENTS (§§ 33-15-80 — 33-15-83) › Section 33-15-81 - Disposition of assets; funds; accounts

(a)
All assets shall be held, invested, and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.
(b)
A society may create, maintain, invest, disburse, and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society.
(c)
A society may, pursuant to resolution of its supreme governing body, establish and operate one or more separate accounts and issue contracts on a variable basis, subject to the provisions of law regulating life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account; may, for persons having beneficial interests therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account; and may issue contracts on a variable basis to which subsections (b) and (d) of Code Section
33-15-63
shall not apply.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 5 - ASSETS AND INVESTMENTS (§§ 33-15-80 — 33-15-83) › Section 33-15-82 - Exemption from other insurance laws

Except as otherwise provided in this chapter, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state unless they are expressly designated therein or unless they are specifically made applicable by this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 5 - ASSETS AND INVESTMENTS (§§ 33-15-80 — 33-15-83) › Section 33-15-83 - Exemption from taxation

Every society organized or licensed under this chapter is declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school taxes other than taxes on real estate and office equipment.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-100 - Standards of valuation

(a)
Standards of valuation for certificates issued prior to one year after January 1, 1994, shall be those provided by the laws applicable immediately prior to January 1, 1994.
(b)
The minimum standards of valuation for certificates issued on or after one year from January 1, 1994, shall be based on the following tables:
(1)
For certificates of life insurance-the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, the Commissioners 1980 Standard Ordinary Mortality Table, or any more recent table made applicable to life insurers; and
(2)
For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits, and for noncancelable accident and health benefits-such tables as are authorized for use by life insurers in this state.
All of the above shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits.
(c)
The Commissioner may, in his or her discretion, accept other standards for valuation if the Commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in subsection (b) of this Code section. The Commissioner may, in his or her discretion, vary the standards of mortality applicable to all benefit contracts on substandard lives or other extrahazardous lives by any society authorized to do business in this state.
(d)
Any society, with the consent of the commissioner of insurance of the state of domicile of the society and under such conditions, if any, which the commissioner may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-101 - Annual statements

(a)
Reports shall be filed in accordance with the provisions of this Code section. Every society transacting business in this state shall annually, on or before March 1, unless for cause shown such time has been extended by the Commissioner, file with the Commissioner a true statement of its financial condition, transactions, and affairs for the preceding calendar year. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the Commissioner.
(b)
As part of the annual statement required by this Code section, each society shall, on or before March 1, file with the Commissioner a valuation of its certificates in force on December 31 last preceding, provided the Commissioner may, in his or her discretion for cause shown, extend the time for filing such valuation for not more than two calendar months. Such valuation shall be done in accordance with the standards specified in Code Section
33-15-100
. Such valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
(c)
A society neglecting to file the annual statement in the form and within the time provided by this Code section shall forfeit $100.00 for each day during which such neglect continues and, upon notice by the Commissioner to that effect, its authority to do business in this state shall cease while such default continues.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-102 - Renewal of licenses

The authority of all societies licensed may thereafter be renewed annually but in all cases to terminate on the succeeding June 30. However, a license so issued shall continue in full force and effect until the new license is issued or specifically refused. For each such license or renewal the society shall pay the Commissioner a fee as specified in Code Section
33-8-1
. A duly certified copy or duplicate of such license shall be prima-facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter.
Amended by 2019 Ga. Laws 139,§ 1-75, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-103 - Examinations

(a)
The Commissioner or any person he or she may appoint may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.
(b)
The expense of each examination and of each valuation, including compensation and actual expenses of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-104 - Licensing of foreign or alien societies

(a)
No foreign or alien society shall transact business in this state without a license issued by the Commissioner. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any such society may be licensed to transact business in this state upon a showing that its assets are invested in accordance with the provisions of this chapter and upon filing with the Commissioner:
(1)
A duly certified copy of its articles of incorporation;
(2)
A copy of its bylaws, certified by its secretary or corresponding officer;
(3)
A power of attorney to the Commissioner as prescribed in Code Section
33-15-120
;
(4)
A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the Commissioner, duly verified by an examination made by the supervisory insurance official of its home state or other state, territory, province, or country, satisfactory to the Commissioner of this state;
(5)
Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein;
(6)
Copies of its certificate forms; and
(7)
Such other information as the Commissioner may deem necessary.
(b)
A society domiciled in any other state, territory, province, or country shall comply fully with this chapter and agree to be treated as a domestic society unless:
(1)
The state, territory, province, or country of domicile is accredited under the National Association of Insurance Commissioners Financial Regulation Standards and Accreditation Program; and
(2)
The state, territory, province, or country of domicile has a statute or regulation governing fraternal benefit societies which is substantially similar to this chapter.
Amended by 2019 Ga. Laws 139,§ 1-76, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-105 - Deficiencies of domestic society; notice; surrender of charter

(a)
When the Commissioner upon investigation finds that a domestic society:
(1)
Has exceeded its powers;
(2)
Has failed to comply with any provision of this chapter;
(3)
Is not fulfilling its contracts in good faith;
(4)
Has a membership of less than 400 after an existence of one year or more; or
(5)
Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business,
the Commissioner shall notify the society of such deficiency or deficiencies in the manner and under the procedures provided by Chapter 2 of this title.
(b)
A domestic society may surrender its charter under the procedure in Code Section
33-14-25
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-106 - Deficiencies of foreign or alien society; notice; enforcement procedures

(a)
When the Commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state:
(1)
Has exceeded its powers;
(2)
Has failed to comply with any of the provisions of this chapter;
(3)
Is not fulfilling its contracts in good faith; or
(4)
Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public,
the Commissioner shall notify the society of such deficiency or deficiencies in the manner and under the procedures provided by Chapter 2 of this title.
(b)
Nothing contained in this Code section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business in this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-107 - Licensing of agents or representatives; exemptions

(a)
Except as provided in subsections (b) and (c) of this Code section, agents of societies shall be licensed in accordance with the provisions of Chapter 23 of this title.
(b)
No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained.
(c)
Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to solicitation and procurement of insurance contracts for such society shall be exempt from the requirements of subsection (a) of this Code section. Any person who in the immediately preceding calendar year solicited and procured life insurance contracts on behalf of any society on the persons of more than 25 individuals and who received or will receive a commission or other compensation therefor, is presumed to be devoting or intending to devote 50 percent of his time to the solicitation or procurement of insurance contracts for the society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 6 - VALUATION STANDARDS; LICENSES AND RENEWALS; EXAMINATIONS; VIOLATIONS; AGENTS OR REPRESENTATIVES (§§ 33-15-100 — 33-15-108) › Section 33-15-108 - Applicability of unfair trade practices laws

Every society authorized to do business in this state shall be subject to the provisions of Chapter 6 of this title, relating to unfair trade practices; provided, however, that nothing in such provisions shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 33-15-120 — 33-15-123) › Section 33-15-120 - Appointment of Commissioner as agent for service of process

(a)
Every society authorized to do business in this state shall appoint in writing the Commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served and shall agree in such writing that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by said Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
(b)
Service shall only be made upon the Commissioner or, if absent, upon the person in charge of the Commissioner's office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the Commissioner, the Commissioner shall forthwith forward one of the duplicate copies by registered or certified mail or statutory overnight delivery, prepaid, directed to the secretary or corresponding officer. No such service shall require a society to file its answer, pleading, or defense in less than 30 days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner provided in this Code section. At the time of serving any process upon the Commissioner, the plaintiff or complainant in the action shall pay to the Commissioner a fee of $15.00.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 33-15-120 — 33-15-123) › Section 33-15-121 - Review of decisions and findings of Commissioner

All decisions and findings of the Commissioner made under the provisions of this chapter shall be subject to review as provided by Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 15 - FRATERNAL BENEFIT SOCIETIES (§§ 33-15-1 — 33-15-123) › Article 7 - MISCELLANEOUS PROVISIONS (§§ 33-15-120 — 33-15-123) › Section 33-15-122 - Violation; penalties

(a)
Any person, officer, member, or examining physician of any society doing business under this chapter who shall knowingly or willfully make any false or fraudulent statement or representation in or relating to any application for membership or for the purpose of obtaining money from or a benefit in any society shall be guilty of a misdemeanor.
(b)
Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate shall be guilty of false swearing and shall be subject to the penalties therefor prescribed by Code Section
16-10-71
.
(c)
Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall, upon conviction thereof, be fined not less than $50.00 nor more than $200.00.
(d)
Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed shall, upon conviction thereof, be subject to a fine not to exceed $200.00.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 16 - FARMERS' MUTUAL FIRE INSURANCE COMPANIES (§§ 33-16-1 — 33-16-22) › Section 33-16-1 - Scope of chapter

This chapter applies only to domestic farmers' mutual fire insurance companies.
Amended by 2012 Ga. Laws 727,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 16 - FARMERS' MUTUAL FIRE INSURANCE COMPANIES (§§ 33-16-1 — 33-16-22) › Section 33-16-2 - "Domestic farmers' mutual fire insurance companies" defined; risks against which companies may write insurance

(a)
"Domestic farmers' mutual fire insurance companies" are companies organized for the purpose of insuring property against loss or damage by fire, lightning, windstorm, extended coverage, and hail, and for all, or any, of such purposes.
(b)
Domestic farmers' mutual fire insurance companies may write insurance against said hazards on such property risks as their charter and bylaws may provide.
Amended by 2012 Ga. Laws 727,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 16 - FARMERS' MUTUAL FIRE INSURANCE COMPANIES (§§ 33-16-1 — 33-16-22) › Section 33-16-3 - Procedure for incorporation of companies generally; filing and contents of application for charter; granting of charter by Secretary of State

(a)
Twenty or more persons a majority of whom are citizens of this state may become a body corporate for the purpose of transacting insurance upon the farmers' mutual fire insurance plan as defined in Code Section
33-16-2
by making an application for a charter signed by the persons applying for the charter or their counsel in triplicate specifying:
(1)
The name of the proposed corporation. The name shall contain the words "Farmers' Mutual" and shall not be so similar to any name already used by any other corporation authorized to transact business in this state as to be confusing or misleading;
(2)
The purpose for which the corporation is formed;
(3)
The name of the county in this state in which the corporation will have its principal office and the names of any other counties in which it proposes to operate;
(4)
The name and address of each incorporator;
(5)
The names and addresses of those composing the board of directors of the corporation in which the management shall be vested until the first meeting of the members; and
(6)
Any other provisions not inconsistent with this chapter or other applicable laws as are deemed desirable by the incorporators or as may be required by the Commissioner.
(b)
The corporate charter shall be granted by the Secretary of State as provided in Chapter 14 of this title.
Amended by 2012 Ga. Laws 727,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 16 - FARMERS' MUTUAL FIRE INSURANCE COMPANIES (§§ 33-16-1 — 33-16-22) › Section 33-16-4 - Issuance of certificate of authority; qualifications; proposed changes to plan of operation

(a)
No person shall transact or attempt to transact business as a farmers' mutual fire insurance company unless so authorized by an effective certificate of authority issued by the Commissioner.
(b)
The Commissioner shall not issue or permit to exist any certificate of authority as to any insurer not qualified for such certificate unless it is shown to the satisfaction of the Commissioner that:
(1)
The farmers' mutual fire insurance company maintains the minimum surplus required by subsection (a) of Code Section
33-16-13
;
(2)
The farmers' mutual fire insurance company maintains a security deposit as required by subsection (c) of Code Section
33-16-13
;
(3)
The farmers' mutual fire insurance company has submitted an acceptable business plan to the Commissioner that includes, but is not limited to, two-year financial projections and supporting assumptions reflecting expected premiums and losses, counties where the farmers' mutual fire insurance company intends to insure property, and the contingent liability, if any, of its members; and
(4)
It must otherwise be in compliance with the requirements of this chapter.
(c)
Any proposed changes to a farmers' mutual fire insurance company's plan of operation subsequent to licensure pursuant to this chapter, including but not limited to geographical expansion, shall be filed and approved in advance by the Commissioner.
Amended by 2019 Ga. Laws 139,§ 1-77, eff. 7/1/2019.
Amended by 2012 Ga. Laws 727,§ 1, eff. 7/1/2012.