Ga. Comp. R. & Regs. 120-2-45-.14

Current through Rules and Regulations filed through June 17, 2024
Rule 120-2-45-.14 - Conflict of Interest Statement
(1) General Requirements.

Each company is required to adopt a conflict of interest policy statement for its officers, directors, and key employees. There shall be filed one informational copy filed with the Commissioner with the company's Application for Certificate of Authority for a Captive Insurance Company. Such policy statement shall require such officers, directors and key employees to disclose all positions, whether financial, personal or professional, direct or indirect, that may cause or be perceived to cause a conflict of interest for such person to act in such capacity or that the individual has no outside commitments, personal or otherwise, that would divert him or her from their duty to further the interests of the company he or she represents but this shall not preclude such person from being a director or officer in more than one (1) company. Each officer, director, and key employee shall file such disclosure with the board of directors yearly.

(2) Prohibited Remuneration.

No director, officer, or employee of a company shall, except on behalf of the company, accept, or be the beneficiary of, any fee, brokerage, gift, or other emolument because of any investment, loan, deposit, purchase, sale, payment, or exchange made by or for the company but such person may receive reasonable compensation for necessary services rendered to the captive insurance company in his or her usual private, professional, or business capacity.

(3) Recoverable Profits.

Any profit or gain received by or on behalf of any person in violation of this Regulation shall inure to and be recoverable by the company.

Ga. Comp. R. & Regs. R. 120-2-45-.14

O.C.G.A. § 33-41-23.

Original Rule entitled "Conflict of Interest Statement" f. Feb. 9, 1989; eff. Mar. 1, 1989, as specified by the Agency.
Editor's Note: In accordance with O.C.G.A. Section 50-13-21, the contents of this Rule is not filed with or published by the Secretary of State; only names and designations are filed, printed and distributed. This Regulation is on file in the Office of Commissioner of Insurance and is open for public examination and copying. (See Editor's Note, p. 88.03.)
Note: "Editor's Note" rescinded. Eff. October 11, 2015.
Repealed: New Rule of same title adopted. F. Sep. 21, 2015; eff. Oct. 11, 2015.