Sale of Subscriptions for Insurance Securities and Sale Offer of Insurance Securities

  1. Law
  2. Georgia Code
  3. Insurance
  4. Domestic Stock and Mutual Insurers
  5. General Provisions
  6. Sale of Subscriptions for Insurance Securities and Sale Offer of Insurance Securities

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  1. As used in this Code section, "insurance securities" means the securities of an insurer who is the issuer of a security as the word "security" is defined in Chapter 5 of Title 10, the "Georgia Uniform Securities Act of 2008."
  2. No person shall sell, offer for sale, or propose to sell to the public any subscriptions for insurance securities in this state unless the insurer which shall issue the insurance securities provided in the subscription has applied for, qualified for, received, and holds authority to transact insurance in this state from the Commissioner, or has an effective registration of the subscriptions for insurance securities with the Securities and Exchange Commission, or unless the subscriptions are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission.
  3. No person shall sell, offer for sale, or propose to sell to the public any insurance securities in this state unless the insurer which shall issue said insurance securities has applied for, qualified for, received, and holds authority to transact insurance in this state from the Commissioner, or has an effective registration of such securities with the Securities and Exchange Commission, or unless such securities are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission.
  4. Nothing contained in this Code section shall be deemed to repeal any of Chapter 5 of Title 10 but shall be supplementary and in addition thereto.
  5. Any person violating this Code section shall be guilty of a misdemeanor.
  6. The Commissioner shall be authorized to withhold the authority of any insurer to transact insurance in this state so long as any person who has been convicted of any offense defined in this Code section remains an officer, employee, or agent of the person or entity seeking the authority to transact insurance.

(Code 1933, § 1506.1, enacted by Ga. L. 1966, p. 217, § 1; Ga. L. 1992, p. 6, § 33; Ga. L. 2008, p. 381, § 10/SB 358.)

OPINIONS OF THE ATTORNEY GENERAL

This section is applicable only to domestic insurers and is not applicable to foreign or alien insurers whether or not they are licensed to transact insurance in Georgia. 1982 Op. Att'y Gen. No. 82-16.

RESEARCH REFERENCES

C.J.S.

- 44 C.J.S., Insurance, § 165 et seq.


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