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Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 52. ASSUMPTION REINSURANCE AGREEMENTS AND INSURANCE BUSINESS TRANSFERS · Article 2. INSURANCE BUSINESS TRANSFERS

33-52-17. Fees; reimbursement of expenses; penalty for non-payment.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    At the time of filing its application with the Commissioner for review and approval of an insurance business transfer plan, an applicant shall pay a nonrefundable fee to the department in the amount of $10,000.00.#

  2. (b)

    In the Commissioner’s discretion, in connection with the department’s participation in the proceedings undertaken pursuant to this article, an applicant shall reimburse the department for any compensation and benefits paid to the personnel of the department for time spent engaged in the proceedings, including, but not limited to, examiners, actuaries, attorneys, managers, and paraprofessionals.#

  3. (c)

    The Commissioner may retain independent authorized consultants, including attorneys, appraisers, actuaries, certified public accountants, or other professionals and specialists to assist department personnel in connection with the review required by this article, the cost of which shall be borne by the applicant.#

  4. (d)

    The applicant shall pay the expenses of the department and its authorized consultants incurred in fulfilling their obligations under this article, including the actual expenses of the department or the expenses and compensation of any consultants retained by the department.#

  5. (e)

    The transferring insurer and the assuming insurer shall jointly be obligated to pay any compensation, costs, and expenses of the independent expert and any consultants retained by the independent expert and approved by the department incurred in fulfilling the obligations of the independent expert under this article. Nothing in this article shall be construed to create any duty for the independent expert to any party other than the department or the court.#

  6. (f)

    Failure to pay any of the requisite fees or reimbursements within 30 days of demand shall be grounds for the Commissioner to request that the court dismiss the petition for approval of the insurance business transfer plan prior to the filing of an implementation order by the court, or, if after the filing of an implementation order, the Commissioner may suspend or revoke the assuming insurer’s certificate of authority to transact insurance business in this state.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 33-52-17, enacted by Ga. L. 2024, p. 770, § 4/HB 1049, effective May 6, 2024.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch23-66-(v25)-pdf.pdf, Volume V25, 2020 edition, 2025 supplement, pages 173 to 174; merge action: added; file SHA-256 e6be8da2a3c1.