domicile

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.

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At a glance

Jurisdiction
Delaware
Domicile type
US state
Active providers on Bastivo
13

Key characteristics

  • Statute defines pure, association, industrial insured, agency, special purpose, series and branch captives (18 Del. C. § 6902)
  • Separate subchapters cover sponsored captives, special purpose financial captives and branch captives
  • At least one member of the board or other governing body must be a Delaware resident or have a principal place of business in Delaware (§ 6906)
  • Applications name an authorized captive manager, CPA and actuary
  • Annual reports are filed with the Commissioner under § 6907

Primary sources

Delaware Captive Insurance: Domicile Guide

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).

How this page was checked

Last reviewed

Primary sources

Considering Delaware

Why companies consider Delaware

  • Several legal forms in one statute, including series and sponsored captives
  • A published application checklist and named service-provider roles
  • An expedited conditional-license route for experienced managers
  • Entity options that include corporations, LLCs and statutory trusts

Key considerations

  • Series, cell and sponsored forms differ legally; confirm the exact form with counsel
  • At least one board or governing-body member must be a Delaware resident or have a principal place of business there
  • The feasibility study must include adverse-case projections
  • Material changes require notice to the Department

Each card shows how that provider relates to Delaware — headquartered here, an office here, or serving the domicile.

Providers for Delaware

13 companies

Oct 20, 2026How are these providers ranked?