Utah captive insurance: captive types, approved providers and filings
Utah regulates captives through the Captive Insurance Division of the Utah Insurance Department, under the Captive Insurance Companies Act in Title 31A, Chapter 37 of the Utah Code. Captives there must use service providers the Department has approved.
US state domicile; captives are licensed by the Utah Insurance Department under the Captive Insurance Companies Act.
Utah's captive regime is the Captive Insurance Companies Act (Title 31A, Chapter 37 of the Utah Code), administered by the Captive Insurance Division of the Utah Insurance Department and supplemented by administrative rule R590-238.
Captive types and permissions
The Act defines pure, association, industrial insured, agency, branch, pooling, sponsored, special purpose and special purpose financial captives. Cells are not captive types in their own right. Under the Act, a sponsored captive keeps a separate account for each participant, either as a protected cell, which is not organized as an entity, or as an incorporated cell, which is organized as a corporation, LLC or nonprofit. Which type applies depends on who owns the captive, whose risks it insures and how coverage is written, so match the proposal to the statutory definitions before relying on any rule.
Approved service providers
The Department states that Utah captives may use only service providers it has approved. It reviews and approves captive management firms, actuaries and independent CPAs, and publishes a directory of approved firms, both Utah-based and out-of-state. Check that each firm proposed for your captive appears on that list.
Licensing, renewal and filings
Licensing starts with an application prepared with an approved manager, typically supported by a feasibility study. After licensing, captives renew annually and file reports with the Department. Rule R590-238 sets annual reporting and audit requirements, including designation of an independent CPA, and addresses service providers, directors and managers, and conflicts of interest. Approved providers prepare the feasibility studies, actuarial opinions, audit reports and annual financial statements the Department reviews.
Questions to settle early
Which statutory type matches the ownership and the insured risks?
Are the proposed manager, actuary and auditor all on the Department's approved list?
If a cell is proposed, who is the sponsor, and has counsel confirmed how the participant's account is kept separate?
What annual filings and renewal steps will the manager handle?
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Actuarial Services
Captive Management Services
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Healthcare
Manufacturing
Utah
Delaware
Vermont
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