Key Takeaways

  • Georgia producers have fiduciary duties to handle client funds properly
  • Premiums collected must be held in trust and remitted promptly to insurers
  • Producers must maintain accurate records and provide required disclosures
  • Commingling of personal and client funds is prohibited
  • Continuing education includes mandatory ethics training
Last updated: January 2026

Producer Conduct and Fiduciary Duties

Georgia insurance producers have legal and ethical obligations to their clients and the public. Understanding these duties is essential for professional conduct and exam success.

Fiduciary Duties

A fiduciary is someone who acts in another's best interest. Insurance producers owe fiduciary duties regarding client funds:

Key Duties

DutyDescription
TrustHold premiums in trust for insurer
Prompt RemittanceForward premiums to insurer promptly
Separate AccountsKeep client funds separate from personal funds
Accurate RecordsMaintain detailed records of all transactions
Good FaithAct honestly in all dealings

Agent vs. Broker

Producer TypePrimary Duty
AgentRepresents insurance company
BrokerRepresents consumer/insured

Exam Tip: While agents represent insurers and brokers represent consumers, both have ethical obligations to handle funds properly and treat all parties fairly.

Handling of Funds

Producers must handle premiums and client funds according to strict rules:

Premium Collection

RequirementRule
DepositPromptly to insurer or trust account
ComminglingCannot mix with personal funds
Trust AccountRequired for holding premiums
RecordsMust maintain detailed records
RemittanceForward to insurer per agreement

Trust Account Requirements

  • Separate from personal accounts
  • Clearly designated as trust account
  • Detailed records of all transactions
  • Regular reconciliation
  • Available for Commissioner examination

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Potential criminal charges (theft, embezzlement)

Disclosure Requirements

Georgia producers must disclose:

Required Disclosures

  • License status and lines of authority
  • Company representation
  • Material conflicts of interest
  • Compensation basis (if asked)
  • All material terms and conditions of products

When Disclosure Required

SituationDisclosure
Before SaleLicensed status, company representation
At SaleProduct terms, limitations, exclusions
Upon RequestCompensation information
ReplacementComparison of policies

Record Keeping

Georgia requires producers to maintain records:

Required Records

Record TypeRetention Period
Applications5 years
Policy documents5 years
Client correspondence5 years
Premium records5 years
Replacement forms5 years
Transaction records5 years

Access to Records

  • Commissioner can examine records during investigations
  • Must provide records upon request
  • Failure to maintain records is a violation
  • Records must be legible and organized

Ethics in Practice

Client Communication

Best practices for ethical client communication:

  1. Be Truthful - Never exaggerate or mislead
  2. Be Clear - Use language client understands
  3. Be Complete - Disclose all material information
  4. Be Responsive - Address questions promptly
  5. Be Professional - Maintain appropriate boundaries

Continuing Education

Georgia requires ethics training as part of CE:

  • 3 hours of ethics every renewal period
  • Part of 24-hour total requirement
  • Covers industry standards and regulations
  • Includes case studies and examples
Test Your Knowledge

What is prohibited regarding handling of client premium funds in Georgia?

A
B
C
D
Test Your Knowledge

How long must Georgia insurance producers retain client records?

A
B
C
D