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Captive Domicile Showcases

Be sure to scroll all the way down this page for links to an enormous repository of helpful information on US and Non-US Domiciles!

Featured Domiciles:

US:

Missouri

Also see November 19th press release -- Major foodservice industry player sets up captive insurance company in Missouri.

John Rehagen tells us that as of November 19, 2009, 5 captives are licensed in Missouri. There are currently 2 more in the pipeline, and an additional likely application coming in before year end, with 2 more probable applications likely in the 1st quarter of 2010. Premiums are on course to reach approximately $1B by year-end. Very impressive.

Missouri is on the move with captives for life securitization as well as pure and association captives. A couple have redomiciled to Missouri from offshore jurisdictions as well. We are delighted to showcase them as the current featured US Domicile.

Non-US:

British Virgin Islands -- NEW legislation and regs in place on 1 February 2010!

Derek Lloyd , Insurance Manager at AMS Insurance Management Services Limited and Chairman of the BVI Association of Insurance Managers (BVIAIM) has filled us in on the new legislation and regs governing insurance entities, including captives. Derek comments, “After an extended period of anticipation for the enactment of the new insurance legislation, the industry is generally pleased to now have this in place from the 1st February 2010. The legislation addresses a number of historical anomalies that have existed since the original legislation was put in place back in 1994-95 and provides a clear understanding for industry practitioners and clients alike, as circumstances have undoubtedly changed for the different types of licensed insurance entity in the intervening period. At the same time, corporate governance standards have significantly increased around the world, particularly against the backdrop of events in the global economy in the last couple of years and the new legislation will allow the BVI to move forward as a credible, sustainable captive domicile”

Direct links follow, and will be maintained long term in the Non-US Domicile Fast Links section on this page.

Featured Articles:

July 27, 2010: "An Open Letter to Sen. Carl Levin" from Anthony Travers, O.B.E., Chairman, Cayman Finance.

"...Your Support for the group callling itself 'Business and Investors Against Tax Haven Abuse' necessitates this response. Your endorsement of that organization's recent report well might lend credibility to statements that are in error and recommendations that are misguided..." [Download full letter]

Mancini's Musings: This is a concise, well-written explanation of free-market principles surrounding taxation of multi-national corporations that should be required reading for every American -- especially the elites in government, media, and education. This was reported in Politico, but I have not seen it reported in any other media outlet. Your comments would be most welcome. Should you choose to comment, please be sure to let me know if you would like your opinion published. E-mail Chris Mancini.

May 10, 2010: **LEGISLATIVE UPDATE** from New Jersey Captive Insurance Association (NJCIA): Bill to Regulate Captive Insurers moves on to full Assembly vote.

May 10, 2010: The NzCIA's Peter Lowe was asked to present an overview of the New Zealand Captive Insurance Industry to the IFSD Committee. The IFSD Committee is the Prime Minister of New Zealand's Task Force to review the opportunities for New Zealand with the creation of a Financial Service Hub. Follow this link to the NzCIA website's news page to download this presentation and view other articles of captive insurance interest.

April 26, 2010: MFSA Note for Consultation on Draft Incorporated Cell Companies Regulations. "The Malta Financial Services Authority (the “MFSA”) has recently issued a note for consultation on the draft Companies Act (Incorporated Cell Companies Carrying on Business of Insurance) Regulations (the “Draft ICC Regulations”) on the 30th March 2010, which are set to provide the legal framework for the establishment of Incorporated Cell Companies in Malta, offering a new corporate vehicle for insurers, building upon the now well-established Protected Cell Company (“PCC”) regime originally introduced in Malta in 2004 by virtue of the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations..." The article then goes on to describe the proposed Incorporated Cell Company (“ICC”) Concept. [Download full article] Captive.com thanks Ganado & Associates for keeping us up to date with Malta's regulatory and legislative information.

March/April 2010: Key Themes from the 2009 Cayman Captive forum -- Captive Insurance in the Cayman Islands: Stability in a world of uncertainty. In continued support of the successful Cayman Captive Forum, this successful event's main sponsor, -- KPMG -- has kindly provided a highlights brochure covering the key themes of the 2009 conference. The publication provides an overview of key topics for all to read and for those who attended, a useful reminder of the discussions and educational topics that took place. Should anyone require a hardcopy of the brochure, please e-mail Dara Keogh at KPMG darakeogh@kpmg.ky.

Fast Links:

Fast links to full legislation -- Offshore domiciles

Fast links to full legislation and regs -- US domiciles

 

Showcases as Submitted by Each Domicile

Fast Links to Domicile Legislation (along with editorial notes)

Captive.com sends its thanks to Carol Pierce of Munich Re -- a captive.com Silver Member -- for assisting us in finding many of these links. If you know of additional links that would be helpful, or if you find a better link than the ones we offer here, please e-mail us with your suggestions for additions and changes. Editorial comments following each link come from both Carol Pierce and Chris Mancini of captive.com.

Non-US Domiciles:

[Editor's note: A few of these links were so long that formatting issues forced us to substitute a text message, "Click here for link" rather than printing the actual link. We hope this does not inconvenience you.]

Aland http://www.aland.fi/
This website is in Swedish.
Anguilla

The Anguilla insurance website is well-designed and easy to navigate. Here are 3 links you'll find helpful:

http://www.fsc.org.ai/insurance.htm -- Insurance Act of 2004.
http://www.fsc.org.ai/Insurance%20Regs%202004.pdf -- Insurance Regulations of 2004, along with guidance notes
http://www.fsc.org.ai/protcell.htm -- Protected Cell Act of 2004.

Bahamas Captive Insurance in the Bahamas is a good summary page with contacts you will like. Also see New Draft Insurance Legislation.
Bermuda http://www.bermudalaws.bm/
All official Bermuda laws (full text) are on this site. You can also link to this site from the Monetary Authority website
http://www.bma.bm/legislation/index.html
BVI

Effective 1 February 2010

British Columbia, Canada http://www.fic.gov.bc.ca/statutes.htm
For full text of captive law, see http://www.qp.gov.bc.ca/statreg/stat/I/96227_01.htm
Cayman Islands http://www.cimoney.com.ky/regulated_sectors/reg_sec.aspx?id=92&ekmensel=e2f22c9a_14_82_btnlink. From this page, you will have access to all the information you will need to domicile your captive in the Cayman Islands. Easy to navigate -- congratulations, Cayman!
Dublin

We just requested a direct link to Ireland's legislation and regs (we couldn't find them), but we did find a nifty checklist for those companies interested in establishing a captive, which is available from

http://www.financialregulator.ie/industry-sectors/insurance-companies/non-life-insurance-companies/pages/authorisation.aspx and

http://www.financialregulator.ie/industry-sectors/insurance-companies/reinsurance-companies/pages/authorisation.aspx.

As soon as we have the link to the captive legislation, we'll pass it along.

Gibraltar http://www.fsc.gi/fsclists/publications.asp?Section=2&Type=4
Unofficial copies of regs. Official regs are available at no cost at http://www.gibraltarlaws.gov.gi
Guam http://www.guamattorneygeneral.com/gca/22gc023.pdf
Captive law is online in its entirety in pdf format. Because this link no longer produces anything, we have inactivated it while we make a few inquiries to our contacts in Guam. An updated link, if it exists, will be up and running soon.
Guernsey http://www.gfsc.gg/content.asp?pageID=91&menuOpen=2&submenuOpen=2.5
Hundreds of pages of regulations at this location.
Hong Kong http://www.info.gov.hk/oci/text/ideal/
A very easy-to-navigate website with links to both summary data and full legislation.
Ireland Website currently under construction.
Isle of Man http://www.gov.im/ipa/insurance/InsuranceRegulations.xml
Official regs online. Also, includes proposed regs and who to contact if you have comments.
Jersey http://www.jerseylegalinfo.je/Law/LawsInForce/alphabetical.aspx
You can link from the Financial Services Commission site http://www.jerseyfsc.org/ under insurance.
Official regs online.
Labuan http://www.lofsa.gov.my/lofsa5/labiofc/offinsure/insurancet.htm
Official regs online. Also, have pdf synopses.
Liechtenstein Click to link
Official regs on line in German
Luxembourg

http://www.lff.lu/actors/insurance-reinsurance-companies/captive-reinsurers/ for info in English. Two links are embedded in the paragraphs you will find on this page.

http://www.commassu.lu/FR/documents/reglements.asp Regs are posted in French.

Malta
Mauritius http://www.fscmauritius.org/homeframe.html
Unofficial copies of regs are available in read-only Word documents
Nevis http://www.nevisfinance.com/about.cfm
Tells a visitor what the regs are, but does not provide an online link to them. Also see excellent white paper entitled "Freedom in Captivity" -- updated in May 2010 -- featuring Nevis from the articles menu at the bottom of this page.
New Zealand

Summary: http://www.nzcia.org.nz/legislation.htm
New Zealand's insurance legislation is called the "Insurance Companies Deposit Act." It does not distinguish between a captive and a normal New Zealand insurance company. The environment is favourable for captive insurance companies.

The government website is unwieldy, but you can follow this link, then open "I" (for insurance acts), and click on the Insurance Companies' Deposit Act 1953:
http://www.legislation.govt.nz/browse_vw.asp?content-set=pal_statutes&clien
.

Panama http://www.mici.gob.pa/seguros.php
Regs are all online in Spanish. Should you need assistance with translation, we can help.
Puerto Rico http://www.ocs.gobierno.pr/ocspr/Default.aspx?tabid=143
An easy-to-navigate page with both summary data and specific legislation and regs in English and Spanish.
Singapore (links revised 4/10/07)

Singapore Statutes Online

More useful links from the Singapore Monetary Authority website:

St. Kitts

To St. Kitts Financial Services Law Library
Download Captive Legislation

St. Lucia http://www.stluciaoffshore.com/legislation/legislation.htm
Turks & Caicos The T&C website is done in "frames," so we cannot give you a direct link to their legislation on the website. Visit Turks & Caicos and select "insurance" from the top menu. You will see the link to the legislation and more. For your convenience, we have downloaded a copy of the 2004 legislation in pdf. This is correct as of November 2007, but we may not know when T&C updates this, so before relying on this document, be sure to check the website to ensure that this is the most recent legislation. Follow this link to download directly.
Vanuatu To Vanuatu Captive Insurance Website
All legislation, regs, apps, etc. are available in English and French. A well-organized, easy-to-navagate website!

 


Fast Links to US Domicile Legislation

Federal Reg. FEDERAL LIABILITY RISK RETENTION ACT OF 1986, 15 USC 3901-3906 (1981, as amended 1986), downloadable in pdf
Alabama

Links to captive-related information and application forms
Download captive law: http://www.aldoi.gov/PDF/Legal/ACT06509SB0305.pdf

Arizona

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=20.
Scroll down the page to Article 14, Captive Insurers. All the links that you will need are at that location.

May 2009, also see ARIZONA CAPTIVE INSURANCE DIVISION REFERENCE GUIDE

Arkansas http://www.insurance.arkansas.gov/finance/captivepage.htm
A well-organized website that gives clear links to all regs as well as contact information.
Colorado

All in all, this website is a nightmare. We cannot supply a direct link to the captive legislation because of the frame-based design of the website. However, it's not too hard to find.

Start at http://www.dora.state.co.us/insurance/. From there, to find the legislation, click on Colorado Laws which takes you to http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0. You will see the captive links on that page.

From the first page above, there is a direct link to regulations. The captive reg is 2-3-1at http://www.dora.state.co.us/insurance/regs/2-3-1.pdf.

Connecticut Follow this link for a downloadable version of Connecticut's captive legislation, SB 281, enacted on June 2, 2008. Additionally, see information on Risk Retention Groups on the easy-to-navigate Connecticut Insurance Department website, offering insurance legislation and regs. As of 7/2/08, the website is not yet updated with the captive legislation.
Delaware

May 12, 2010: House Bill 314, providing for Agency and Branch Captives.

District of Columbia (links amended April 1, 2007)

Menu of links to captive and RRG info: http://www.disb.dc.gov/disr/cwp/view,a,1300,q,633951,disrNav,%7C32821%7C,.asp

Captive Insurance Company Amendment Act of 2006: http://disb.dc.gov/disr/frames.asp?doc=/disr/lib/disr/news_room/regulation/Captive_Insurance_Company_Amendment_Act_of_2006.pdf

Special Purpose Financial Captive Authorization Amendment Act of 2006:
http://disb.dc.gov/disr/frames.asp?doc=/disr/lib/disr/news_room/regulation/Special_Purpose_Financial_Captive_Authorization_Amendment_Act_of_2006.pdf

Regulations: http://disb.dc.gov/disr/frames.asp?doc=/disr/lib/disr/news_room/regulation/captive.pdf&group=1632

 

Georgia

Downloadable pdf files, posted October 2006. Please check with your local captive consultants for any subsequent changes to the captive law or regulations before proceeding with your captive:

GA Captive Legislation
GA Captive Regulations
Application for a Captive Insurance Company in the State of Georgia

Hawaii http://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435E/hrs0431/HRS_0431-0019-0101.htm. Also, the HCIC website has direct links to specific summaries at http://www.hawaiicaptives.com/why_hawaii/law_19.html.
Kentucky

Kentucky. This link takes you to the main page for Kentucky Captive Insurance. The links to all captive-specific information are clear, and the website is extremely well-done. We suspect this has something to do with the enormous initial success of the domicile!

For a direct link to statutes and regs, follow this link.

Missouri

This link leads to the Missouri Captive Insurance Program page. Here, you will find a terrific menu leading to everything your heart desires, including links to the 2007 and brand new 2009 legislation. Forms, procedures, and contacts are easily accessible from this clear, easy-to-navigate website. Our congratulations to Missouri on a job well done!

Montana

Captive Legislative News: Montana's Senate Bill 161 Officially Signed.

To view SB 161 on Montana's Government Website, with its changes visible, follow this link. Also helpful, see a legislative history along with a summary of the current legislation on the ORG Captive Management website by following this link.

http://sao.mt.gov/captives/index.asp
All the links you need are available from this page, including the current law at
http://data.opi.state.mt.us/bills/mca_toc/33_28.htm

New York http://www.ins.state.ny.us/website3/captives/capart70.htm
Links are provided to all subsections of the legislation.
Nevada http://doi.state.nv.us/CF-CaptiveInsurIndex.htm
All links are available from this page from regs to application forms.
Puerto Rico http://www.ocs.gobierno.pr/ocspr/Default.aspx?tabid=143
An easy-to-navigate page with both summary data and specific legislation and regs in English and Spanish.
Rhode Island http://www.dbr.state.ri.us/documents/rules/insurance/Refiled-Regulation95.pdf
Downloadable pdf file with all you need to know.
South Carolina

Regulations in pdf
Captive Statutes (in HTML) http://www.scstatehouse.net/code/t38c090.htm
and in text (Word 2000) http://www.scstatehouse.net/code/t38c090.doc

Protected Cell laws:
http://www.scstatehouse.net/code/t38c010.htm
http://www.scstatehouse.net/code/t38c010.doc

Related RRG statutes (outside of captives, but related)
http://www.scstatehouse.net/code/t38c087.htm
http://www.scstatehouse.net/code/t38c087.doc

South Dakota http://www.state.sd.us/drr2/reg/insurance/companies/captive.html
At this point, this is only a summary page with a link to contact them for more info.
Utah

The new Utah Captive Insurance website is available at http://www.captive.utah.gov/index.html. Navigation is easy, and you'll find all the contacts, laws and regs you need, along with some of the "softer" info you might like about the domicile. Excellent job on this website!

Vermont

Regulations: http://www.vermontcaptive.com/regulations.html
Legislation: http://www.vermontcaptive.com/regulations/laws.html

More on the way...

Other Valuable Domicile Resources:

  • July 27, 2010: "An Open Letter to Sen. Carl Levin" from Anthony Travers, O.B.E., Chairman, Cayman Finance.

    "...Your Support for the group callling itself 'Business and Investors Against Tax Haven Abuse' necessitates this response. Your endorsement of that organization's recent report well might lend credibility to statements that are in error and recommendations that are misguided..." [Download full letter]

    Mancini's Musings: This is a concise, well-written explanation of free-market principles surrounding taxation of multi-national corporations that should be required reading for every American -- especially the elites in government, media, and education. This was reported in Politico, but I have not seen it reported in any other media outlet. Your comments would be most welcome. Should you choose to comment, please be sure to let me know if you would like your opinion published. E-mail Chris Mancini.


  • May 15, 2010, Updated Version: Freedom in Captivity. This well-written white paper was written by Jan Dash and Herman Liburd from the law firm of Liburd and Dash. A portion of the paper is specific to the captive domicile, Nevis, but the vast majority of it comprises a cohesive "Captives 101" summary, which is always in high demand at captive.com.

  • May 10, 2010: The NzCIA's Peter Lowe was asked to present an overview of the New Zealand Captive Insurance Industry to the IFSD Committee. The IFSD Committee is the Prime Minister of New Zealand's Task Force to review the opportunities for New Zealand with the creation of a Financial Service Hub. Follow this link to the NzCIA website's news page to download this presentation and view other articles of captive insurance interest.

  • March/April 2010: Key Themes from the 2009 Cayman Captive forum -- Captive Insurance in the Cayman Islands: Stability in a world of uncertainty. In continued support of the successful Cayman Captive Forum, this successful event's main sponsor, -- KPMG -- has kindly provided a highlights brochure covering the key themes of the 2009 conference. The publication provides an overview of key topics for all to read and for those who attended, a useful reminder of the discussions and educational topics that took place. Should anyone require a hardcopy of the brochure, please e-mail Dara Keogh at KPMG darakeogh@kpmg.ky.

  • 23 March 2010: Guernsey retains world leader status for captive insurance. ""Two new studies have reaffirmed Guernsey’s position as the leading captive insurance centre in Europe and among the top four in the world...." [To full story]

  • 14 October 09: Briefing Note -- UK consults on Protected Cell Companies…..12 years after Guernsey led the way

  • May 11, 2009: From the Arizona Department of Insurance, you can now download the ARIZONA CAPTIVE INSURANCE DIVISION REFERENCE GUIDE in pdf. This document is only a guide intended to assist you in the formation and ongoing operation of a captive insurance company in Arizona.

  • March 18, 2009: Montana Legislature Passes Industry-Backed Captive Law.


  • March 6, 2009: Cayman Islands Regulatory Announcements. Our thanks to Kerr, Russell & Weber for sharing this important update with captive.com's readers.

 

  • February 2009, download current list of Kentucky captives as of January 2009 in pdf. As of the date of this document, there were 77 licensed captives -- mostly pure -- in the domicile.

    Like many domiciles, Kentucky is experiencing budget constraints state wide. Despite this, our sources report that, "Commissioner Clark and other government officials are committed to supporting the captive industry in Kentucky. We recently have allocated funds for increased staff and IT resources for the captive program, although some cuts to marketing, travel and other discretionary expenditures were necessary. The captive program is adequately funded to support our current companies and to handle foreseeable future growth in the next few years."

    Great news for Kentucky and for our industry.

  • October 2, 2008: Captives: Why the Isle of Man?

  • July 16, 2008: The DCIA Interviews Delaware Captive Insurance Regulator William P. White, ARe. Fast links to important Delaware info are provided in this Question and Answer article!

  • April 2008, White Paper on Captive Insurance Companies prepared for the Reserve Bank of New Zealand, prepared by the NzCIA. This is a good Captive Basics white paper, and contains helpful information on New Zealand as a domicile.

  • September 11, 2007: Download this informational PowerPoint presentation from a session presented at the recent NzCIA Conference entitled, "New Zealand Captive Insurance Legislation -- The Future."

  • July 27, 2007: The 2006 Captive Act Amendments: Revolutionizing Protected Cell Laws in the District by Stephen F. Donahoe, Muldoon Murphy & Aguggia LLP. On March 14, 2007, the District of Columbia amended its captive insurance laws by enacting the Captive Insurance Company Amendment Act of 2006 (the “2006 Amendments”). The 2006 Amendments update segregated cell provisions included in the District’s Captive Insurance Company Acts of 2000 and 2004 and offer clear advantages over other domestic domiciles with respect to protected cell flexibility. [more...]

  • April 26, 2007 Guernsey Update: Guernsey – A Buoyant Captive Domicile On PCC’s Tenth Birthday.

  • From Best Review Monthly Insurance Magazine, March 2007: Captive Island. Puerto Rico's long-time plan to become a haven for captive insurance companies is becoming a reality. This domicile is open for business! Copyright© 2007 A.M. Best, reprinted with permission. All rights reserved.
  • Malta Update: March 2007 Compliance Bulletin.
  • Regulatory News: Mississippi House Bill 984 on Registration Fee for Risk Retention Groups. This house bill was sent to us by the good folks in Mississippi in the aftermath of a March 27 Captive Daily Wire Posting on RRG fees that was unclear as to which state was involved.
  • A terrific article written by Conor Jennings entitled, "Virgin Captives" is awaiting you. This article features a solid introduction to captive basics, along with an explanation of numerous advantages offered to captives who domicile in the British Virgin Islands. Posted in November 2004.
  • Protected Cell Captives in Malta -- Insurance Companies, Insurance Brokers & Insurance Managers
  • Captive Governance 101 -- a presentation and supporting articles delivered at the Cayman 2003 Captive Forum by Monte Jahnke and a panel of experts, featuring governance issues for multiple domiciles, but with an emphasis on the Cayman Islands.

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