Title 7, Chapter 1, Section 683
( 7-1-683)
(a) Each application for a license shall be in writing and under
oath to the department, in such form as it may prescribe, and shall
include the following: (1) The legal name and principal office address of the corporation
applying for the license; (2) The name, residence, and business address of each director or
equivalent official and of each officer who will be involved in
selling checks in this state; (3) The date and place of incorporation; (4) If the applicant has one or more branches, subsidiaries,
affiliates, agents, or other locations at or through which the
applicant proposes to engage in the business of selling or issuing
checks within the State of Georgia, the complete name of each and
the address of each such location; (5) The location where its initial registered office will be
located in this state; and (6) Such other data, financial statements, and pertinent
information as the department may require with respect to the
applicant, its directors, trustees, officers, members, branches,
subsidiaries, affiliates, or agents. (b) The application shall be filed together with: (1) An investigation and supervision fee established by regulation
of the department, which shall not be refundable but which, if the
license is granted, shall satisfy the fee requirement for the
first license year or the remaining part thereof; and (2) A corporate surety bond issued by a bonding company or
insurance company authorized to do business in this state and
approved by the department. The bond shall be in the principal
sum of $100,000.00 and in an additional principal sum of $5,000.00
for each location, in excess of one, at or through which the
applicant proposes to engage in this state in the business of
selling or issuing checks, until the principal sum shall aggregate
$250,000.00, provided that the department may require additional
coverage for the adequate protection of check holders if the
average daily balances outstanding exceed $250,000.00 when the
department conducts its annual examination and review. If
required by the department, the additional coverage shall be
limited to $1,250,000.00 or the average daily balances outstanding
in the State of Georgia for the preceding year, whichever is
lesser. The bond shall be in a form satisfactory to the
department and shall run to the State of Georgia for the benefit
of any check holders against the licensee or his agents. The
condition of the bond shall be that the licensee will pay any and
all moneys that may become due and owing any creditor of or
claimant against the licensee arising out of the licensee's
business of selling or issuing checks in this state, whether
through its own act or the acts of an agent. The aggregate
liability of the surety in no event shall exceed the principal sum
of the bond. Claimants against the licensee may themselves bring
an action directly on the bond. The liability arising under this
paragraph shall be limited to the receipt, handling, transmission,
and payment of money arising out of the licensee's business of
selling or issuing checks in this state. (c) In lieu of such corporate surety bond or bonds or of any portion
of the principal thereof, the applicant may deposit with a bank or
trust company located in this state, as such applicant may designate
and the department may approve, certificates of deposit insured by a
federal agency, bonds, notes, debentures, or other obligations of
the United States or any agency or instrumentality thereof or
guaranteed by the United States or of the State of Georgia or of a
municipality, county, school district, or instrumentality of the
State of Georgia or guaranteed by the state to an aggregate amount,
based upon principal amount or market value, whichever is lower, of
not less than the amount of the required corporate surety bond or
portion thereof. These assets shall be held to secure the same
obligations as would the surety bond; but the licensee shall be
entitled to receive all interest thereon and shall have the right,
with the approval of the department, to substitute other assets
approved by this Code section for those deposited and shall be
required to do so on written order of the department made for good
cause shown; provided, however, if the licensee substitutes assets
more than once during the license period the department may charge a
fee for the processing of such substitution to be prescribed by
regulations of the department. In the event of the failure or
insolvency of such licensee, the assets, any proceeds therefrom, and
the funds deposited pursuant to this Code section shall be applied
to the payment in full of claims arising out of transactions in this
state for the sale or issuance of checks. |