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2006 Georgia Code - 33-49-2
33-49-2. As used in this chapter, the term:
(1) 'Actuary' means a person who is
a member in good standing of the American Academy of
Actuaries. (2) 'Controlling
person' means any person, firm, association, or corporation who
directly or indirectly has the power to direct or cause to be
directed the management, control, or activities of the reinsurance
intermediary. (3) 'Insurer'
means any person, firm, association, or corporation duly licensed
in this state pursuant to the applicable provisions of the
insurance law as an insurer. (4) 'Licensed producer' means an agent, broker,
or reinsurance intermediary licensed pursuant to the applicable
provision of this title. (5)
'Qualified United States financial institution' means an
institution that: (A) Is
organized or, in the case of a United States office of a foreign
banking organization, licensed under the laws of the United States
or any state thereof; (B) Is
regulated, supervised, and examined by United States federal or
state authorities having regulatory authority over banks and trust
companies; and (C) Has been
determined by either the Commissioner or the Securities Valuation
Office of the National Association of Insurance Commissioners to
meet such standards of financial condition and standing as are
considered necessary and appropriate to regulate the quality of
financial institutions whose letters of credit will be acceptable
to the Commissioner. (6)
'Reinsurance intermediary' means a reinsurance intermediary broker
or a reinsurance intermediary manager as these terms are defined in
paragraphs (7) and (8) of this Code section. (7) 'Reinsurance intermediary broker' or
'broker' means any person, other than an officer or employee of the
ceding insurer, firm, association, or corporation who solicits,
negotiates, or places reinsurance cessions or retrocessions on
behalf of a ceding insurer without the authority or power to bind
reinsurance on behalf of such insurer. (8) 'Reinsurance intermediary manager' or
'manager' means any person, firm, association, or corporation who
has authority to bind or manages all or part of the assumed
reinsurance business of a reinsurer, including the management of a
separate division, department, or underwriting office, and acts as
an agent for such reinsurer whether known as a reinsurance
intermediary manager, manager, or other similar term.
Notwithstanding the above, for the purposes of this chapter the
following persons shall not be considered as reinsurance
intermediary managers with respect to such reinsurer:
(A) An employee of the
reinsurer; (B) A United
States manager of the United States branch of an alien
reinsurer; (C) An
underwriting manager which, pursuant to contract, manages all the
reinsurance operations of the reinsurer, is under common control
with the reinsurer, subject to Chapter 13 of this title, and whose
compensation is not based on the volume of premiums written;
or (D) The manager of a
group, association, pool, or organization of insurers which engages
in joint underwriting or joint reinsurance and who is subject to
examination by the commissioner of insurance of the state in which
the manager´s principal business office is located.
(9) 'Reinsurer' means any person,
firm, association, or corporation duly licensed in this state
pursuant to the applicable provisions of this title as an insurer
with the authority to assume reinsurance. (10) 'To be in violation' means that the
reinsurance intermediary, insurer, or reinsurer for whom the
reinsurance intermediary was acting failed to substantially comply
with the provisions of this chapter.
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