Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-15-1 Description of fraternal benefit society
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Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under the provisions of paragraph (2) of subsection (a) of Code Section 33-15-123, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries a…
O.C.G.A. § 33-15-100 Standards of valuation
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(a) Standards of valuation for certificates issued prior to one year after January 1, 1994, shall be those provided by the laws applicable immediately prior to January 1, 1994. (b) The minimum standards of valuation for certificates issued on or after one year from January 1, 1994,…
O.C.G.A. § 33-15-101 Annual statements
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(a) Reports shall be filed in accordance with the provisions of this Code section. Every society transacting business in this state shall annually, on or before March 1, unless for cause shown such time has been extended by the Commissioner, file with the Commissioner a true statem…
O.C.G.A. § 33-15-102 Renewal of licenses
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The authority of all societies licensed may thereafter be renewed annually but in all cases to terminate on the succeeding June 30. However, a license so issued shall continue in full force and effect until the new license is issued or specifically refused. For each such license o…
O.C.G.A. § 33-15-103 Examinations
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(a) The Commissioner or any person he or she may appoint may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirem…
O.C.G.A. § 33-15-104 Licensing of foreign or alien societies
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(a) No foreign or alien society shall transact business in this state without a license issued by the Commissioner. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies.…
O.C.G.A. § 33-15-105 FRAUD AND DECEIT
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Fraternal benefit societies. Fraudulent statements, §33-15-122. Insurance companies. Fraudulent transfers, §33-37-19. Insurance fraud, §33-1-9. Investigations, §33-1-16. Special insurance fraud fund, §33-1-17. Special insurance fraud fund, §33-1-17. Staging a collision, filing rela…
O.C.G.A. § 33-15-106 Deficiencies of foreign or alien society; notice; enforcement procedures
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(a) When the Commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state: (1) Has exceeded its powers; (2) Has failed to comply with any of the provisions of this chapter; (3) Is not fulfilling its contracts in go…
O.C.G.A. § 33-15-107 Licensing of agents or representatives; exemptions
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(a) Except as provided in subsections (b) and (c) of this Code section, agents of societies shall be licensed in accordance with the provisions of Chapter 23 of this title. (b) No examination or license shall be required of any regular salaried officer, employee, or member of a l…
O.C.G.A. § 33-15-108 Applicability of unfair trade practices laws
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Every society authorized to do business in this state shall be subject to the provisions of Chapter 6 of this title, relating to unfair trade practices; provided, however, that nothing in such provisions shall be construed as applying to or affecting the right of any society to d…
O.C.G.A. § 33-15-120 Solicitation of members
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Procuring membership in unlicensed societies, §33-15-122. Special funds. Creation, maintenance, investment, etc., §33-15-81. 1160 INDEX FRATERNAL BENEFIT SOCIETIES —Cont’d Subordinate bodies. Limitation on power of, §33-15-23. Supreme governing body, §33-15-3. Surrender of charte…
O.C.G.A. § 33-15-121 Review of decisions and findings of Commissioner
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33-15-122. Violation; penalties. 33-15-123. Exempt societies, orders, or associations. p. 8; Ga. L. 1982, p. 3, § 33; Ga. L. 1984, p. 22, § 33; Ga. L. 1985, p. 1399, §§ 6, 7; Ga. L. 1988, p. 1537, §§ 1, 2; Ga. L. 1992, p. 2725, § 19. Ga. L. 1993, p. 1744, § 2, not codified by the …
O.C.G.A. § 33-15-122 Violation; penalties
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(a) Any person, officer, member, or examining physician of any society doing business under this chapter who shall knowingly or willfully make any false or fraudulent statement or representation in or relating to any application for membership or for the purpose of obtaining mone…
O.C.G.A. § 33-15-123 Exempt societies, orders, or associations
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(a) Nothing contained in this chapter shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of societies, orders, or associations doing business in this state on January 1, 1994, which provide benefits exclusively through local or subordinate lodges; (2) …
O.C.G.A. § 33-15-2 Lodge system; lodges for children
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(a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and ritual. Subordinate lodges shall be required by the laws of the society to hold …
O.C.G.A. § 33-15-21 Evidence
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Notice or document of consolidation or merger furnished addressee. Affidavit of officer prima facie evidence, §33-15-44. 1158 INDEX FRATERNAL BENEFIT SOCIETIES —Cont’d Evidence of amendment of charters, constitutions or laws. Affidavits. Prima facie evidence, §33-15-41. Current c…
O.C.G.A. § 33-15-22 Limited liability of officers and members; indemnification; insurance
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(a) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any benefits provided by a society. (b) Any person may be indemnified and reimbursed by any society for expenses reasonably incurred by and liabilities…
O.C.G.A. § 33-15-23 Limitation on power of subordinate body
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The laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary …
O.C.G.A. § 33-15-3 Representative form of government; supreme governing body; officers
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A society has a representative form of government when: (1) It has a supreme governing body constituted in one of the following ways: 708 33-15-3 (A) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or c…
O.C.G.A. § 33-15-4 Definitions
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As used in this chapter, the term: (1) ‘‘Benefit contract’’ means the agreement for provision of benefits authorized by Code Section 33-15-60, as that agreement is described in subsection (a) of Code Section 33-15-63. (2) ‘‘Benefit member’’ means an adult member who is designated by…
O.C.G.A. § 33-15-40 Operation of not for profit institutions
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Reinsurance. Consolidations or mergers. Conversion to mutual life insurance company. Formation of society; petition for charter; preliminary certificate of authority; advance premiums; certificate of authority. Amendment of laws; referendum; approval of Commissioner. 33-15-80. 33-1…
O.C.G.A. § 33-15-41 Amendment of laws; referendum; approval of Commissioner
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(a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its la…
O.C.G.A. § 33-15-42 Operation of not for profit institutions
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A society may create, maintain, and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted by paragraph (2) of subsection (a) of Code Section 33-15-5. Such institutions may furnish services free or at a reasonable charge. …
O.C.G.A. § 33-15-43 Reinsurance
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(a) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer other than another fraternal benefit society having the power to make such reinsurance and authorized to do business in this state, in accordance with Code S…
O.C.G.A. § 33-15-44 Consolidations or mergers
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(a) A domestic society may consolidate or merge with any other society by complying with the provisions of this Code section. The filing of application, fee, and publication requirements of subsections (a) through (c) of Code Section 33-14-5 shall be applicable to merger under thi…
O.C.G.A. § 33-15-45 Conversion to mutual life insurance company
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Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of Chapter 14 of this title if the plan of conversion has been approved by the Commissioner. A plan of conversion shall be pre…
O.C.G.A. § 33-15-5 Purposes of society; adoption of laws and rules
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(a) A society shall operate for the benefit of members and their beneficiaries by: (1) Providing benefits as specified in Code Section 33-15-60; and (2) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purp…
O.C.G.A. § 33-15-60 Contractual benefits allowed; persons covered
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(a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical, or nursing benefits; 721 33-15-61 (6) Monument or tombstone benefits to the …
O.C.G.A. § 33-15-62 Exemption of benefits from process
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No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt o…
O.C.G.A. § 33-15-63 Insurance
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Fire insurance. Amount of insurance in certain fire policies. Conclusive as to value of property covered, §33-32-5. 1153 INDEX EVIDENCE —Cont’d Insurance commissioner’s examination reports, §33-2-14. Insurance companies. Actions between insurer and insured, §33-24-8. Compliance se…
O.C.G.A. § 33-15-65 Not for profit institutions
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Operation, §33-15-42. Notice. Approval or disapproval of amendment of charters, constitutions or laws, §33-15-41. Conversion of domestic society into mutual life insurance company, §33-15-45. Disapproval of contract for consolidation or merger, §33-15-44. Suspension of authority …
O.C.G.A. § 33-15-80 Investments of funds
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A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests…
O.C.G.A. § 33-15-81 Disposition of assets; funds; accounts
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(a) All assets shall be held, invested, and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit …
O.C.G.A. § 33-15-82 Exemption from other insurance laws
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Except as otherwise provided in this chapter, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state unless they are expressly designated therein or unless they are specifically made applicable by this chapter.…
O.C.G.A. § 33-15-83 Exemption from taxation
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Every society organized or licensed under this chapter is declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school taxes other than taxes on real estate and office equipment. His…