PassSprint

One rule, 3 ways the exam asks it. Same knowledge point, different phrasing — work through all of them, because the exam rarely reuses the wording.

State RegulationsGA specificDifficulty 2/5

Which action by a Georgia producer constitutes unlawful commingling of premium funds?

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

Under O.C.G.A. § 33-23-35, premiums are fiduciary funds, and commingling them with the producer's personal or operating money violates the fiduciary duty. Mixing client premium checks into a personal account treats fiduciary money as the producer's own and is the first step toward misappropriation, which becomes a felony above $1,000 under § 33-23-35(c). Separate fiduciary accounts are the compliant practice.

Why the other options are wrong

  • B) A separate fiduciary account is exactly the compliant practice that keeps premium funds distinct from personal money.
  • C) Electronic remittance from a properly segregated fiduciary account is a normal, lawful method of transmitting premiums.
  • D) Holding client premiums in a dedicated fiduciary account, even if it earns interest, does not mix fiduciary funds with personal assets.

Memory hook

Own account, own trouble - fiduciary funds stay segregated.

State RegulationsGA specificDifficulty 2/5

A Georgia producer deposits clients' premium checks into his personal checking account and remits "whatever is left" at the end of the month. Under O.C.G.A. § 33-23-35, this practice is:

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

Under O.C.G.A. § 33-23-35, premiums are fiduciary funds that must be handled in a fiduciary capacity and not commingled with the producer's personal or operating money. Depositing client premiums into a personal account is commingling, and willful misappropriation of the funds is criminal — a felony once amounts exceed $1,000 under O.C.G.A. § 33-23-35(c).

Why the other options are wrong

  • B) Eventual payment does not cure commingling; the separation duty applies from the moment the premium is received.
  • C) Policyholder consent is irrelevant; the fiduciary duty runs to the insurer and the law, not to the client's tolerance.
  • D) Georgia requires separation of fiduciary funds from personal funds, not their merger into one account.

Memory hook

Personal account plus premium checks = commingling, a Georgia violation.

State RegulationsGA specificDifficulty 1/5

Which practice violates Georgia's rules on the handling of premium funds?

Select an option to reveal the answer and the full 3-part explanation — free, no signup.

Answer & full 3-part explanation (select an option above, or peek)

Why C is correct

Under O.C.G.A. § 33-23-35, premiums are held in a fiduciary capacity and may not be commingled with the producer's personal funds. Sweeping client premium dollars into a personal checking account is the textbook commingling violation, because it erases the separation between trust money and the producer's own assets. Willful violation carries criminal exposure, escalating to a felony when the amounts involved are large.

Why the other options are wrong

  • A) A separate fiduciary account is exactly the safeguard the statute contemplates, not a violation of it.
  • B) Timely remittance within the settlement period is proper fiduciary performance, not misconduct.
  • D) Commissions are the producer's own compensation once settlement occurs; retaining them is entirely lawful.

Memory hook

Personal checking plus client premiums equals commingling — keep the walls up.

Related Practice Questions