Filing of Surety Bond or Deposit by Incorporators of Proposed Insurer; Conditions of Bond or Deposit; Release and Discharge

  1. Law
  2. Georgia Code
  3. Insurance
  4. Domestic Stock and Mutual Insurers
  5. Domestic Mutual Insurers
  6. Filing of Surety Bond or Deposit by Incorporators of Proposed Insurer; Conditions of Bond or Deposit; Release and Discharge

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  1. Prior to the solicitation of any applications for insurance pursuant to the requirements for a certificate of authority of a mutual insurer, the incorporators of the proposed insurer shall file with the Commissioner a corporate surety bond in the penalty of $15,000.00 in favor of the state and for the use and benefit of the state and of applicant members and creditors of the corporation. The bond shall be conditioned as follows:
    1. For the prompt return to applicant members of all premiums collected in advance;
    2. For payment of all indebtedness of the corporation; and
    3. For payment of costs incurred by the state in the event of any legal proceedings for liquidation or dissolution of the corporation.

      All of the conditions shall become due and payable only in the event the corporation fails to complete its organization and secure a certificate of authority within two years from and after the date of the certificate of incorporation.

  2. In lieu of such bond, the incorporators may deposit with the Commissioner $15,000.00 in cash or United States government bonds negotiable and payable to the bearer, with a market value at all times of not less than $15,000.00, to be held in trust upon the same conditions as required for the bond.
  3. Any such bond filed or deposit made or remaining portion thereof held under this Code section shall be released and discharged upon settlement and termination of all liabilities against it.

(Code 1933, § 56-1511, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 337, § 1-71/SB 132.)

The 2019 amendment, effective July 1, 2019, substituted "corporation" for "corporations" at the end of paragraph (a)(3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 10, 506.

C.J.S.

- 11 C.J.S., Bonds, § 39.

44 C.J.S., Insurance, § 85.


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