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2018 Georgia Code 33-11-33 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 11. Investments, 33-11-1 through 33-11-89.

ARTICLE 1 INVESTMENTS OF CERTAIN INSURERS

33-11-33. Prohibited investments; underwriting of offering of securities or property by other persons.

  1. 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.
  2. No insurer shall underwrite or participate in the underwriting of an offering of securities or property by any other person.

(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.)

OPINIONS OF THE ATTORNEY GENERAL

Loans to parent corporation.

- A domestic insurance company is prohibited under paragraph (a)(4) from loaning funds to a parent corporation which is the controlling stockholder of the domestic insurance company, where that debt is secured by any note or other evidence of indebtedness issued by the controlling stockholder-parent corporation. 1990 Op. Att'y Gen. No. 90-34.

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 58.

C.J.S.

- 44 C.J.S., Insurance, § 72.

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