If any surplus line broker fails to file his or her quarterly affidavit or fails to remit the tax as provided by law within 30 days after the tax is due, he or she shall be liable for a penalty of either $25.00 for each day of delinquency commencing after the expiration of the 30 day period or an amount equal to 100 percent of the tax, whichever is less, except that for good cause shown, the Commissioner may grant a reasonable extension of time within which the affidavit may be filed and the tax may be paid. The tax may be recovered by distraint and the penalty and tax may be recovered by an action instituted by the Commissioner in any court of competent jurisdiction. The Commissioner shall pay to the Office of the State Treasurer any penalty so collected.
History. Code 1933, § 56-624, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1220, § 4; Ga. L. 1982, p. 3, § 33; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2011, p. 449, § 5/HB 413.
Law reviews.
For article, “Why Captives, Lord, What Have They Ever Done?: The Georgia Captive Insurance Company Act,” see 26 Ga. St. B. J. 119 (1990).
Structure Georgia Code
Chapter 5 - Regulation of Unauthorized Insurers
Article 2 - Surplus Line Insurance
§ 33-5-21.1. Application of Chapter 9 or Code Section 33-24-9
§ 33-5-22. Licensing of Surplus Line Brokers Generally
§ 33-5-23. Revocation or Suspension of Broker’s License
§ 33-5-24. Acceptance and Placement of Business by Surplus Line Brokers Generally
§ 33-5-26. Endorsement of Insurance Contract by Broker
§ 33-5-28. Maintenance by Broker of Records of Policies Written or Renewed
§ 33-5-30. Validity and Enforceability of Contracts Procured as Surplus Line Insurance