O.C.G.A.

O.C.G.A. § 33-41-9 (2019)

Letters of credit

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Any letter of credit used to meet the requirements set forth in this chapter shall be:

(1) Clean, irrevocable, and unconditional;

(2) Issued by a bank approved by the Commissioner, which is either a bank chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System;

(3) Presentable and payable within the State of Georgia; and

(4) Provided in conformity with any other requirements established by the Commissioner.

(b) The Commissioner may require any captive insurance company to draw upon its letters of credit at any time, in amounts determined by the Commissioner, if the Commissioner determines that such action is necessary for the protection of the interests of the captive insurance company’s policyholders.

History

Code 1981, § 33-41-9, enacted by Ga. L. 1988, p. 966, § 2; Ga. L. 2016, p. 825, § 1/SB 347; Ga. L. 2019, p. 533, § 2-7/HB 99. The 2019 amendment, effective July

1, 2019, substituted ‘‘this chapter’’ for ‘‘Code Sections 33-41-8, 33-41-12, and 33-41-14’’ in the introductory paragraph of subsection (a).