---
title: O.C.G.A. § 33-11-33. Prohibited investments; underwriting of offering of securities or property by other persons.
collection: code
id: 33-11-33
cite_as: O.C.G.A. § 33-11-33 (2025)
canonical_url: https://georgiacommons.org/code/33-11-33
md_url: https://georgiacommons.org/code/33-11-33.md
text_url: https://georgiacommons.org/code/33-11-33/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch1-22-(v24)-2020-pdf.pdf?sfvrsn=a873240d_0#page=531
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-11.md
previous: https://georgiacommons.org/code/33-11-32.md
next: https://georgiacommons.org/code/33-11-34.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / INVESTMENTS / INVESTMENTS OF CERTAIN INSURERS
---

# O.C.G.A. § 33-11-33. Prohibited investments; underwriting of offering of securities or property by other persons.

(a) In addition to investments excluded pursuant to other provisions of this title, an insurer shall not directly or indirectly invest in or lend its funds upon the security of:

(1) Any investment or security which is found by the Commissioner to be designed to evade any prohibition of this title;

(2) Issued shares of its own capital stock, except for the purpose of mutualization under Chapter 14 of this title or in connection with a plan approved by the Commissioner for purchase of the shares by the insurer’s employees or agents;

(3) Except with the advance consent of the Commissioner, securities issued by any corporation or enterprise the controlling interest of which is, or will after acquisition by the insurer be, held directly or indirectly by the insurer or any combination of the insurer and the insurer’s directors, officers, parent corporation, subsidiaries, or controlling stockholders. Investments in subsidiaries, to the extent otherwise authorized by this article, shall not be subject to this provision; or

(4) Any note or other evidence of indebtedness of any director, officer, or controlling stockholder of the insurer.

(b) No insurer shall underwrite or participate in the underwriting of an offering of securities or property by any other person.

## History

Code 1933, § 56-1035, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1999, p. 592, §§ 5, 6; Ga. L. 2000, p. 136, § 33.