2020 Georgia Code
Title 33 - Insurance
Chapter 3 - Authorization and General Requirements for Transaction of Insurance
§ 33-3-13. Information Required in or Attached to Application for Certificate of Authority

To apply for an original certificate of authority an insurer shall file with the Commissioner its application therefor showing its name, location of its home office or its existing or proposed principal office in the United States if an alien insurer, kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, the names and addresses of all general officers of the company with the number of shares of capital stock of the company held by or for each such general officer or by others for his or her benefit, and the percentage of the total capital stock of the company held by each such general officer, the date on which the company began to do business, the states in which it is admitted to do business, and such additional information as the Commissioner may require, together with the following applicable documents:

1. A copy of its corporate charter with all amendments thereto certified by the public officer with whom the originals are on file in the state or country of domicile;
2. A copy of its bylaws, as amended, certified by its secretary or other officer having custody thereof;
3. If a foreign or alien insurer, a copy of its annual statement as of December 31 of the preceding year in a form approved for current use by the Commissioner and certified by two officers of the company. The annual statement of an alien insurer which has entered through and the United States branch of which is licensed to transact insurance in another state shall relate only to the transactions and affairs in the United States unless the Commissioner requires otherwise;
4. A copy of report of the last examination, if any, made of the insurer, certified by the insurance supervisory official of its state or country of domicile or of entry into the United States;
5. If a foreign or alien insurer, a copy of the appointment of the Commissioner as its attorney to receive service of legal process;
6. If a foreign or alien insurer, a certificate of the public official having supervision of insurance in its state or country of domicile showing that it is authorized to transact the kinds of insurance proposed to be transacted in Georgia;
7. If an alien insurer, a copy of the appointment and authority of its United States manager certified by its officer having custody of its records;
8. If a foreign or alien insurer, certificate as to deposit if to be tendered pursuant to Code Section 33-3-8; and
9. If an alien insurer entering through this state to transact insurance in the United States through a United States branch, an English language translation, as necessary, of any of the documents required under this Code section.

(Code 1933, § 56-312, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1974, p. 465, § 1; Ga. L. 1999, p. 584, § 2.)

- For article discussing restrictions on the establishment and transaction of business by a foreign insurer in Georgia with emphasis on threshold requirements for establishment by alien insurers, see 27 Mercer L. Rev. 629 (1976).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Civil Code 1910, §§ 2414, 2415 are included in the annotations for this Code section.

- It is presumed that in providing for the licensing of nonresident companies it was the intention of the lawmakers to permit such companies to conduct a fidelity business only in the manner recognized by the Georgia laws and upon the terms and conditions prescribed for the conduct of such business by domestic companies. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, §§ 2414, 2415).

Cited in Cochran v. Paco, Inc., 409 F. Supp. 219 (N.D. Ga. 1975).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 27, 31, 45.