domicile

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.

At a glance

Jurisdiction
Utah
Domicile type
US state
Active providers on Bastivo
6

Key characteristics

  • Act defines pure, association, industrial insured, agency, branch, pooling, sponsored and special purpose captives (Utah Code § 31A-37-102)
  • Sponsored captives keep each participant's business in a protected cell or an incorporated cell (Utah Code § 31A-37-102; Part 4)
  • Captives must use managers, actuaries and CPAs approved by the Department
  • Department rule R590-238 covers annual reporting, audits, service providers and directors
  • Licenses are renewed annually, with filings submitted through the Department

Utah Captive Insurance: Domicile Guide

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?

How this page was checked

Last reviewed

Considering Utah

Why companies consider Utah

  • A statute that defines a wide range of captive types, including sponsored captives with protected cells
  • A dedicated Captive Insurance Division within the Insurance Department
  • A published directory of approved managers, actuaries and CPAs
  • Annual renewal and filing through the Department's own system

Key considerations

  • Only Department-approved managers, actuaries and CPAs may be used
  • Protected and incorporated cells exist only within a sponsored captive
  • Annual reporting, audit and renewal obligations apply under rule R590-238
  • Ownership and coverage must match one of the Act's defined types

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

6 companies

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