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PROCEDURES FOR FORMING A CAPTIVE OR RRG INSURANCE COMPANY

 

Legislation allowing Captive Insurance Companies to be LICENSED and to do business are now present in 17 states.

 

The procedures listed below should be followed to incorporate a captive insurer and to apply for a certificate of authority.

 

1.         Prepare the documents needed to incorporate the insurer.  The services of a local attorney may be desirable.  The articles of incorporation must comply with the procedures for filing the articles of incorporation with the Commissioner of Insurance and the Secretary of State and for obtaining the commissioner’s approval of the proposed articles of incorporation.  If the captive insurer will be a mutual company, the bylaws must be filed and approved by the commissioner.

 

2.         Prepare the documents needed for the application for certificate of authority.

 

3.         Submit the application to the commissioner for review.  Include the state required application fee and the states required license fee.

 

4.         The Captive states insurance code authorizes the commissioner to obtain services to review the application for a captive insurer at the applicant’s expense.  If the commissioner determines that such services are needed, the Captive/RRG will be required to submit an additional copy of the application materials to the reviewer and the Captive/RRG will be notified of the cost.

 

5.         Provide information concerning the adequacy of the expertise, experience, and character of the person or persons who will manage the captive insurer.

 

6.         Have a CPA complete the necessary form for authorization to perform audits.

 

7.         Have an actuary complete the necessary form for authorization to render the opinion on reserves.

 

The Insurance Department may perform an organizational examination as soon as possible after you receive the Certificate of Authority and have capitalized the captive.  The cost of this examination will be borne by the applicant.

                                                                  

 

 

 

F. Darrell Lindsey

State Approved Captive/RRG Manager

U.S. State Licensed Agent/Broker

 

 

 

 

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