TITLE 33 INSURANCE

Section 23. Licensing, 33-23-1 through 33-23-205.

ARTICLE 1 AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS

33-23-37. Licensing of surplus lines broker; application; bond; written examination.

1. Nothing in this chapter shall prevent the placing of surplus lines of insurance when authorized and permitted under this title.
2. Any person, while licensed as a resident agent as to property, casualty, and surety insurance and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus lines broker as follows:
   1. Application to the Commissioner for the license shall be on forms furnished by the Commissioner;
   2. The license fee shall be in an amount as provided in Code Section 33-8-1;
   3. Each license shall be issued on a biennial basis and shall expire on the last day of the licensee's birth month and may be renewed by filing an application and paying the prescribed fee in accordance with this Code section except as provided in paragraph (3.1) of this subsection;

      (3.1) All licenses that expire on December 31, 2012, shall be transitioned to a biennial term, provided that, during the transition, the Commissioner may, as provided by rule or regulation, renew such licenses for a term greater or shorter than the biennial term and may prorate the license renewal fees;

   4. Prior to the issuance of the license or any renewal of the license, the applicant shall file a bond with the Commissioner or his or her successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following:
      1. Place insurance only in compliance with Code Section 33-5-25;
      2. Remit promptly the taxes provided in Code Section 33-5-31;
      3. Account to any person requesting him or her to obtain insurance for funds or premiums collected in connection with such insurance; and
      4. Otherwise conduct business in accordance with this title.

         The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and

   5. Each applicant for a license to act as a surplus lines broker shall submit to a personal written examination to determine his or her competence, unless the applicant is licensed as a surplus lines broker in his or her home state.

(Code 1981, §33-23-37, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, § 1; Ga. L. 2011, p. 623, § 4/SB 251; Ga. L. 2012, p. 37, § 3/HB 477.)

The 2011 amendment, effective May 12, 2011, added "except as provided in paragraph (3.1) of this subsection" at the end of paragraph (b)(3); and added paragraph (b)(3.1).

The 2012 amendment, effective March 22, 2012, in paragraph (b)(3), substituted "issued on a biennial basis and shall expire on the last day of the licensee's birth month" for "issued for a term expiring on December 31 next following the date of issuance" and deleted "annually" following "renewed"; and substituted the present provisions of paragraph (b)(3.1) for the former provisions, which read: "The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1."