Delaware captive insurance: legal forms, application and specialists
Delaware licenses captives through the Captive Bureau of its Department of Insurance under Title 18, Chapter 69 of the Delaware Code. Delaware offers several legal forms, so the first step is to pin down which one your advisers mean.
US state domicile; captives are licensed by the Delaware Department of Insurance under 18 Del. C. Chapter 69.
Delaware's Department of Insurance licenses captives through its Captive Bureau, applying Chapter 69 of Title 18 of the Delaware Code. The Insurance Commissioner issues the certificate of authority.
Captive types and legal forms
Chapter 69 defines pure, association, industrial insured, agency and special purpose captives, as well as series captives and branch captives, and has separate subchapters for sponsored captives and special purpose financial captives. A captive can also be organized as a corporation, LLC or other permitted entity. Because "series," "cell" and "sponsored" arrangements are legally distinct, ask counsel to confirm the exact Delaware form before comparing it with another domicile.
What the application asks for
The Captive Bureau's application asks for:
a strategic business plan with an organizational chart
an actuarial feasibility study with expected and adverse five-year projections
formation documents, by-laws and service-of-process designations
owners' financial statements, a draft investment policy, and sample policies and reinsurance agreements
biographical affidavits for owners, officers and fiduciaries
It also asks applicants to name an authorized captive manager, certified public accountant and actuary, along with an attorney, registered agent and other service providers.
Formation and residency
Formation requires the Commissioner's approval. At least one member of the board of directors or other governing body must be a Delaware resident or have a principal place of business in Delaware. The Bureau also offers an expedited conditional-license process for managers who already run Delaware captives; whether it applies depends on the manager.
Ongoing obligations
Captives file annual reports with the Commissioner under § 6907 and are subject to examination under § 6908. Premium tax is levied under § 6914. Material changes and certain transactions require notice to the Department (§§ 6921–6922).
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