Title 33, Chapter 3, Section 26
( 33-3-26)
(a) When by or pursuant to the laws of any other state or foreign
country any taxes, licenses, and other fees in the aggregate and any
fines, penalties, deposit requirements, or other material
obligations, prohibitions, or restrictions are or would be imposed
upon Georgia insurers or upon the agents or representatives of such
insurers which are in excess of such taxes, licenses, and other fees
in the aggregate or which are in excess of the fines, penalties,
deposit requirements, or other obligations, prohibitions, or
restrictions directly imposed upon similar insurers or upon the
agents or representatives of such insurers of such other state or
country under the statutes of this state, so long as such laws of
such other state or country continue in force or are so applied, the
same taxes, licenses, and other fees in the aggregate or fines,
penalties, deposit requirements, or other material obligations,
prohibitions, or restrictions of whatever kind shall be imposed by
the Commissioner upon the insurers or upon the agents or
representatives of such insurers of such other state or country
doing business or seeking to do business in Georgia. Any tax,
license, or other fee or other obligation imposed by any city,
county, or other political subdivision or agency of such other state
or country on Georgia insurers or their agents or representatives
shall be deemed to be imposed by such state or country within the
meaning of this Code section. (b) This Code section shall not apply as to personal income taxes,
as to ad valorem taxes on real or personal property, or as to
special purpose obligations or assessments imposed by another state
in connection with particular kinds of insurance other than property
insurance, except that deductions from premium taxes or other taxes
otherwise payable allowed on account of real estate or personal
property taxes paid shall be taken into consideration by the
Commissioner in determining the propriety and extent of retaliatory
action under this Code section. (c) For the purposes of this Code section, the domicile of an alien
insurer other than insurers formed under the laws of Canada shall be
that state designated by the insurer in writing filed with the
Commissioner at the time of admission to this state and may be any
one of the following states: (1) This state if the insurer is entering through this state to
transact insurance in the United States through a United States
branch; (2) That in which the insurer was first authorized to transact
insurance; (3) That in which is located the insurer's principal place of
business in the United States; or (4) That in which is held the larger deposit of trusteed assets of
the insurer for the protection of its policyholders and creditors
in the United States. (d) If the insurer makes no such designation its domicile shall be
deemed to be that state in which is located its principal place of
business in the United States.
(e) In the case of an insurer formed under the laws of Canada or a
province thereof, its domicile shall be deemed to be that province
in which its head office is situated. |