Application of Chapter 6 of Title 33 to funds; enforcement by Commissioner

Chapter 6 of Title 33 shall apply to ‘‘funds,’’ as defined in this article; and, for the purpose of determining whether a violation of that chapter has occurred, a member and its employees shall be deemed to be ‘‘insureds’’ or ‘‘policyholders,’’ as used in the above-mentioned chapter, whichever is applicable. In enforcing this Code section, the Commissioner shall be deemed to possess the same powers and be subject to the same restrictions as are applicable to the Commissioner under Chapter 6 of Title 33. (Code 1933, § 114-625a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.) 773 34-9-181 34-9-180. Officials of funds prohibited from having pecuniary interests in transactions; exceptions. (a) An officer, trustee, administrator, member of any committee, or employee of a fund who is charged with the duty of investing or handling the fund’s assets shall not deposit or invest such assets except in the name of the fund; shall not borrow the assets of such fund; shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such fund; and shall not take or receive for his or her own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of such fund. (b) No fund shall guarantee any financial obligation of any of its officers, trustees, or administrators. (c) This Code section shall not prohibit a trustee, officer, member of a committee, or employee of a fund from being covered by the fund as an employee of a member and enjoying the usual rights so provided for employees of members. (d) The Commissioner shall, by regulation, define and permit additional exceptions to the prohibition contained in subsection (a) of this Code section solely to enable payment of reasonable compensation to a trustee or administrator who is not otherwise an officer or employee of the fund or to a corporation or firm in which a trustee or administrator is interested, for necessary services performed or sales or purchases made to or for the fund in the ordinary course of the fund’s business and in the usual private professional or business capacity of the trustee or administrator or of the corporation or firm. (Code 1933, § 114-624a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)