SlideShare uma empresa Scribd logo
1 de 27
Basics of Alternative Risk Financing and
     Captive Insurance Strategies




                                           1
Questions to Ask Prior to Selecting
     Risk Financing Strategy


• What is your risk appetite?
• How diverse is your
  Company’s operations?
• How strong is your
  Company’s Financial
  Statements (Cash Flow)?
• What are the State Insurance
  Laws?
                                       2
What is Captive Insurance?


• A subsidiary formed to
  insure the risks of its
  parent and affiliates.
• A captive is sometimes
  owned by and insures
  more than one parent.

                                  3
Why Form a Captive?


• Allows the Parent company to maintain
  control of their insurance program during
  hard and soft market cycles
  –   Greater control of risk management program
  –   Greater access to reinsurance markets
  –   More flexibility with insurance coverages
  –   Investment income opportunities
  –   Stability of the price cycle


                                                   4
Which Type of Captive Should I Form?

• What types of coverage
  does my client require?
• Is my client able to
  purchase insurance in the
  commercial market?
• How many states does
  my client operate in?
• What are the State
  Insurance Laws?
                                   5
Captive Insurance Structures


• Pure captives
• Group captives - association, risk retention
  groups
• Rent-A-Captives / Leased capital facilities
• Protected Cell Captives




                                                 6
Basic Illustration of a Direct-Writing Pure Captive
                                Insurance Program



             Captive Owner(s) /
                 Insured(s)

                                        Premium $                          Paid Loss $
                                                                                         Covered Claim

Excess Insurance   Excess Loss
    Premium $$$    Reimbursement $$$$
                                                    Captive Insurance

                                                       Company
                                                                                            Loss Reimbursement $


          Excess Insurance
             Company                                         Reinsurance
                                                              Premium $

                                                                                         Reinsurance
                                                                                          Company




                                                                                                                   7
Captive Structures

• Pure Captive
  – Insures the risk of its Parent, affiliates,
    or companies that have a working
    relationship with the Parent Company
  – Provides insurance or reinsurance for
    all lines of insurance
  – Licensed in State of Domicile and non-
    admitted in all other states
                                                  8
Pure Captive Structure

                                 Parent Company

                                 Insured is parent,
                               subsidiaries, affiliates
                                or companies that
                                  have a business
                                  relationship with
                                 Parent Company




                   Fronting Carrier
                   (Could be RRG)
                 Admitted Insurer in all
                  50 states, provides          -or-
                   policy to insured




                                Pure Captive Insurer

                             Provides direct insurance or
                                    reinsurance.




Excess Insurer                                                 Reinsurer /
                                                            Retrocessionaire
                                                                               9
(Insures above
    Captive                                                 (Reinsures Pure
   retention)                                                   captive)
Captive Structures

• Risk Retention Group
  – Insures the risk of its members
  – Provides insurance or reinsurance for
    liability lines of insurance only
  – Licensed in State of Domicile and
    registers in all other states
  – Able to provide direct coverage in every
    state registered
                                           10
Risk Retention Captive
      Structure
                 Members

            Members must be
              engaged in any
             related, similar or
            common business,
              trade, product,
           services, premises or
                operations.




          Risk Retention Group

       Provides direct insurance to its
       members in all 50 states after
      registering with each state. Can
       only provide liability insurance.




                Reinsurer
       (Could also be pure captive,
      rent-a-captive or risk retention
                  group)                   11
      Provides reinsurance excess of
             RRG’s retention
Captive Structures

• Association Captive
  – Insures the risk of its members
  – Provides insurance or reinsurance for
    all lines of insurance
  – Licensed in State of Domicile and non-
    admitted in all other states



                                             12
Association Captive
    Structure
                      Member
                    Organization

                Made up of any legal
                   association of
                    individuals,
                   corporations,
                  partnerships, or
                associations, except
                labor organizations




    Fronting Carrier

  Admitted Insurer in all
   50 states, provides        -or-
    policy to insured




             Association Captive Insurer

              Provides direct insurance or
                    reinsurance. 




                     Reinsurer /
                  Retrocessionaire
                                             13
                (Reinsures Association
                       Captive)
Captive Structures

• Rent-A-Captive
  – Formed by a Sponsor
    • Some states allow an Agency to Sponsor
    • Some states allow only Insurance Company to
      Sponsor
    • Some states allow any organization to Sponsor
  – Provides insurance or reinsurance for all lines
    of insurance
  – Licensed in State of Domicile and non-
    admitted in all other states
                                                      14
Rent-A-Captive Structure
                                      Sponsor

                  Varies by Domicile – either insurance company,
                   captive insurance company or any entity that is
                 approved by the commissioner to provide all or part
                  of the capital and surplus required by applicable
                                         law




                                  Fronting Carrier
                                   (Could be RRG)
                              Admitted Insurer in all 50
                               states. Issues policy to
                                 be reinsured by Cell




       Cell A                              Cell B                            Cell C

 any entity, partners,               any entity, partners,             any entity, partners,
    or joint venture                    or joint venture                  or joint venture
partners, or members                partners, or members                    partners, or
   within the same                     within the same                 members within the
  corporate family of                corporate family of
                                                                         same corporate
  the entity that are                 the entity that are
                                                                        family of the entity
 insured by a rent-a-                 insured by rent-a-
                                                                       that are insured by
         captive                             captive
                                                                         a rent-a-captive




                                         Reinsurer

                                 Reinsures each participant
                               (protected cell) of the Rent-A-
                                                                                               15
                                          Captive
Capital & Surplus Requirements
  Domicile Pure    Group     Association   Agency    Rental

  AZ       $250k   $500k                   $500k     $1m
  DC       $100k   $100k -                 $100k -   $100k –
                   300k                    300k      300k
  MT       $250k   $500k     $750k         N/A       N/A
  NV       $250k   $500k                   $600k     $750k

  SC       $250k   $500k     $750k         N/A       $1m

  VT       $250k   $500k     $700k                   $500k
  Domicile Class   Class 2 Class 3         Class 4   Class 5
           1
  HI       $100k   $250k     $500k - $750k $1m       TBD


                                                               16
Premium Tax Table - Direct
Domicile Minimum     $1-20M $20-40m   $40-50m   +60m

AZ      None         None    None     None      None
MT      $5,000       0.40%   0.30%    0.20%     0.075%

NV      $5,000       0.40%   0.20%    0.075%    0.075%

SC      $5,000       0.40%   0.30%    0.20%     0.075%

VT      $7,500       0.38%   0.285%   0.19%     0.072%
Domicile Minimum     $1-25m $25-50M   $50m+

DC      $10,000      0.25%   0.15%    0.05%
        RRG
        $7,500 all
        other
HI      None         0.25%   0.15%    0.05%
                                                         17
Premium Tax Table - Reinsurance
 Domicile Minimum   $1-20M $20-40m   $40-60m   +60m

 AZ      None       None    None     None      None

 MT      $5,000     0.225% 0.15%     0.05%     0.05%

 NV      $5,000     0.225% 0.15%     0.025%    0.025%

 SC      $5,000     0.225% 0.15%     0.05%     0.025%

 VT      $7,500     0.214% 0.143%    0.048%    0.024%

 Domicile Minimum   $1-25m $25-50M   $50m+

 DC      None       0.25%   0.15%    0.05%

 HI      None       None    None     None
                                                        18
Application and Annual Fees
Domicile Application   Certificate   Annual     Other
         Fee           of            Renewal    Fees
                       Authority     Fees
                       Fee
AZ       $75           $1,000        $5,500     $100

DC       $500          $300          $300       Misc

HI       $1,000        $300-         $300-1,000 Misc
                       $1,000
MT       $200          $300          $300       Misc

NV       $500          $300          $300       Misc

SC       $200          $300          $300       Misc

VT       $200          $300          $300       Misc    19
Review and Evaluation Issues

• Financial Implications
  – Funding Sources
  – Risk Retention / Transfer
• Operational
  Considerations
  – Servicing Requirements
  – Captive Management
• Regulatory Implications
  – Domestic and International
                                   20
How to Establish a Captive


• Captive Consultant – Feasibility of
  Captive
• Actuary – Review of Loss History
• Domicile Legal Counsel – Assist with
  Domicile Law




                                         21
Formation and Implementation Process


•   Introductory Meeting with Regulator
•   Application and Business Plan Filing
•   Formation and Licensure
•   Ongoing Monitoring




                                           22
Introductory Meeting with Regulator


• Meeting with Domicile with Regulator
• Present and discuss captive plan
• Provide information about parent
  organization
• Receive “yes” or “no” from Regulator



                                         23
Application and Business Plan Filing

• Captive Manager works with service providers
  and captive owner to prepare Application
• Includes
  – Domicile specific application
  – Business Plan
  – Pro-Forma Financials
  – Actuarial Report
  – Biographical affidavits – Service Providers, Officers
    and directors
  – Copies of Policies to be issued
  – Miscellaneous
                                                            24
Formation and Licensure

• Captive Manager works with legal counsel
• Legal counsel prepares
   – Articles of Incorporation
   – By-Laws
• Once application approved by Regulator, Insurance
  Department issues Certificate of Good Standing
• Legal counsel files with Business registration
  department for business name
• Parent Organization capitalizes captive (LOC or
  Cash)
• Legal counsel files approved Articles and By-laws
  along with license fee and any other docs with
  Insurance Commissioner
• Insurance Department issues Certificate of Authority
                                                         25
Ongoing Monitoring


• Compliance with Approved Business Plan
• Compliance with Domicile rules and
  regulations
• Compliance with Domicile Investment
  laws
• Federal Income Tax
• Annual Filings
   – Audit (GAAP or SAP)
   – Actuarial
   – Domicile specific forms
• Examinations
• Annual Meeting Requirement
                                           26
Where to find information on Captive
             Insurance


• Captive.Com - www.captive.com
• National Risk Retention Association –
  www.nrra-usa.org
• Captive Insurance Companies Association –
  www.captiveassociation.com
• Captive Insurance Company Reports –
  www.irmi.com
• Risk Retention Reporter – www.rrr.com
                                              27

Mais conteúdo relacionado

Mais procurados

Mais procurados (20)

Insurance act for class
Insurance act   for classInsurance act   for class
Insurance act for class
 
Adr & gdr
Adr & gdrAdr & gdr
Adr & gdr
 
Insurance law ppt @ bec doms
Insurance law ppt @ bec doms Insurance law ppt @ bec doms
Insurance law ppt @ bec doms
 
Portfolio Revision
Portfolio RevisionPortfolio Revision
Portfolio Revision
 
Burglary Insurance
Burglary InsuranceBurglary Insurance
Burglary Insurance
 
Risk financing
Risk financingRisk financing
Risk financing
 
Risks & its types
Risks & its typesRisks & its types
Risks & its types
 
Introduction to reinsurance
Introduction to reinsuranceIntroduction to reinsurance
Introduction to reinsurance
 
Life Insurance Underwriting
Life Insurance UnderwritingLife Insurance Underwriting
Life Insurance Underwriting
 
Insurance underwriting
Insurance   underwritingInsurance   underwriting
Insurance underwriting
 
Reinsurance
ReinsuranceReinsurance
Reinsurance
 
Principals of insurance
Principals of insurancePrincipals of insurance
Principals of insurance
 
Reinsurance
Reinsurance Reinsurance
Reinsurance
 
HEDGING
HEDGINGHEDGING
HEDGING
 
Underwriting in Insurance
Underwriting in InsuranceUnderwriting in Insurance
Underwriting in Insurance
 
principles of insurance
principles of insuranceprinciples of insurance
principles of insurance
 
Six Principles of Insurance
Six Principles of InsuranceSix Principles of Insurance
Six Principles of Insurance
 
Classification of risks and Insurance
Classification of risks and InsuranceClassification of risks and Insurance
Classification of risks and Insurance
 
Bond management strategies
Bond management strategiesBond management strategies
Bond management strategies
 
Merchant banking
Merchant bankingMerchant banking
Merchant banking
 

Destaque

CLO Risk Retention Update
CLO Risk Retention UpdateCLO Risk Retention Update
CLO Risk Retention UpdateAaron Wong
 
Are You Ready For A Captive?
Are You Ready For A Captive?Are You Ready For A Captive?
Are You Ready For A Captive?adiplomate
 
Intro To Roundstone
Intro To RoundstoneIntro To Roundstone
Intro To Roundstonejuliemallett
 
Creditflux 2016 risk retention presentation
Creditflux 2016 risk retention presentationCreditflux 2016 risk retention presentation
Creditflux 2016 risk retention presentationSayed Perwaiz Kadiri
 
Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...
Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...
Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...Dethe Elza
 
Porc presentation
Porc presentationPorc presentation
Porc presentationDavid Komet
 
Captive presentation revised 2 16-15 (3)
Captive presentation revised 2 16-15 (3)Captive presentation revised 2 16-15 (3)
Captive presentation revised 2 16-15 (3)timdickison
 
InKnowVision July 2014 HNW Technical PPT - Split Dollar
InKnowVision July 2014 HNW Technical PPT - Split DollarInKnowVision July 2014 HNW Technical PPT - Split Dollar
InKnowVision July 2014 HNW Technical PPT - Split DollarInKnowVision
 
InKnowVision September 2013 Captive Insurance Powerpoint
InKnowVision September 2013 Captive Insurance PowerpointInKnowVision September 2013 Captive Insurance Powerpoint
InKnowVision September 2013 Captive Insurance PowerpointInKnowVision
 
EU Insurance Protected Cells - Captives on a Budget
EU Insurance Protected Cells - Captives on a BudgetEU Insurance Protected Cells - Captives on a Budget
EU Insurance Protected Cells - Captives on a BudgetIan-Edward Stafrace
 

Destaque (13)

CLO Risk Retention Update
CLO Risk Retention UpdateCLO Risk Retention Update
CLO Risk Retention Update
 
Are You Ready For A Captive?
Are You Ready For A Captive?Are You Ready For A Captive?
Are You Ready For A Captive?
 
Intro To Roundstone
Intro To RoundstoneIntro To Roundstone
Intro To Roundstone
 
Creditflux 2016 risk retention presentation
Creditflux 2016 risk retention presentationCreditflux 2016 risk retention presentation
Creditflux 2016 risk retention presentation
 
Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...
Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...
Virtuous Cycles: Empowered Learners, Replicating Successful Learning Models, ...
 
Porc presentation
Porc presentationPorc presentation
Porc presentation
 
Captive Insurance Companies 101
Captive Insurance Companies 101Captive Insurance Companies 101
Captive Insurance Companies 101
 
Captive presentation revised 2 16-15 (3)
Captive presentation revised 2 16-15 (3)Captive presentation revised 2 16-15 (3)
Captive presentation revised 2 16-15 (3)
 
InKnowVision July 2014 HNW Technical PPT - Split Dollar
InKnowVision July 2014 HNW Technical PPT - Split DollarInKnowVision July 2014 HNW Technical PPT - Split Dollar
InKnowVision July 2014 HNW Technical PPT - Split Dollar
 
InKnowVision September 2013 Captive Insurance Powerpoint
InKnowVision September 2013 Captive Insurance PowerpointInKnowVision September 2013 Captive Insurance Powerpoint
InKnowVision September 2013 Captive Insurance Powerpoint
 
Paraisos Fiscales
Paraisos FiscalesParaisos Fiscales
Paraisos Fiscales
 
Exposicion Paraisos Fiscales
Exposicion Paraisos FiscalesExposicion Paraisos Fiscales
Exposicion Paraisos Fiscales
 
EU Insurance Protected Cells - Captives on a Budget
EU Insurance Protected Cells - Captives on a BudgetEU Insurance Protected Cells - Captives on a Budget
EU Insurance Protected Cells - Captives on a Budget
 

Semelhante a Captive Insurance Basics

Captive Insurance Strategies
Captive Insurance StrategiesCaptive Insurance Strategies
Captive Insurance Strategiespacificrisk
 
Aba On Captives[1]
Aba On Captives[1]Aba On Captives[1]
Aba On Captives[1]bondra
 
Pac Life On Captive Ins Co
Pac Life On Captive Ins CoPac Life On Captive Ins Co
Pac Life On Captive Ins Cobondra
 
Take No Prisoners Captive Insurance Co Presentation
Take No Prisoners Captive Insurance Co PresentationTake No Prisoners Captive Insurance Co Presentation
Take No Prisoners Captive Insurance Co Presentationkirkpatj
 
Life Reinsurance Article Assessment
Life Reinsurance Article AssessmentLife Reinsurance Article Assessment
Life Reinsurance Article AssessmentJason Eber
 
PCI for Family Offices
PCI for Family OfficesPCI for Family Offices
PCI for Family OfficesRussell Bussey
 
Financial guarantee 1[1]-music [recovered]-5-01-09
Financial guarantee 1[1]-music [recovered]-5-01-09Financial guarantee 1[1]-music [recovered]-5-01-09
Financial guarantee 1[1]-music [recovered]-5-01-09Barbara Angel Polinice
 
An overview of risk management b.v.raghunanadan
An overview of risk management b.v.raghunanadanAn overview of risk management b.v.raghunanadan
An overview of risk management b.v.raghunanadanSVS College
 
Features of a Captive Insurance Strategy
Features of a Captive Insurance Strategy Features of a Captive Insurance Strategy
Features of a Captive Insurance Strategy CBIZ, Inc.
 
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...Aamer Rahim
 
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...Aamer Rahim
 
Insurance products (Life Insurance)
Insurance products (Life Insurance)Insurance products (Life Insurance)
Insurance products (Life Insurance)Rohit Kumar
 

Semelhante a Captive Insurance Basics (20)

Captive Insurance Strategies
Captive Insurance StrategiesCaptive Insurance Strategies
Captive Insurance Strategies
 
Aba On Captives[1]
Aba On Captives[1]Aba On Captives[1]
Aba On Captives[1]
 
Captive Review 2011
Captive Review 2011Captive Review 2011
Captive Review 2011
 
Pac Life On Captive Ins Co
Pac Life On Captive Ins CoPac Life On Captive Ins Co
Pac Life On Captive Ins Co
 
Take No Prisoners Captive Insurance Co Presentation
Take No Prisoners Captive Insurance Co PresentationTake No Prisoners Captive Insurance Co Presentation
Take No Prisoners Captive Insurance Co Presentation
 
Insurance
InsuranceInsurance
Insurance
 
Life Reinsurance Article Assessment
Life Reinsurance Article AssessmentLife Reinsurance Article Assessment
Life Reinsurance Article Assessment
 
Reinsurance-FC01.pptx
Reinsurance-FC01.pptxReinsurance-FC01.pptx
Reinsurance-FC01.pptx
 
Captive Insurance Solutions
Captive Insurance SolutionsCaptive Insurance Solutions
Captive Insurance Solutions
 
PCI for Family Offices
PCI for Family OfficesPCI for Family Offices
PCI for Family Offices
 
Financial guarantee 1[1]-music [recovered]-5-01-09
Financial guarantee 1[1]-music [recovered]-5-01-09Financial guarantee 1[1]-music [recovered]-5-01-09
Financial guarantee 1[1]-music [recovered]-5-01-09
 
General insurance
General insurance General insurance
General insurance
 
An overview of risk management b.v.raghunanadan
An overview of risk management b.v.raghunanadanAn overview of risk management b.v.raghunanadan
An overview of risk management b.v.raghunanadan
 
Features of a Captive Insurance Strategy
Features of a Captive Insurance Strategy Features of a Captive Insurance Strategy
Features of a Captive Insurance Strategy
 
Chapter 7
Chapter 7Chapter 7
Chapter 7
 
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
 
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
Takaful industry in Pakistan,GCC & Malaysia: Growth Challenges & future Prosp...
 
Insurance products (Life Insurance)
Insurance products (Life Insurance)Insurance products (Life Insurance)
Insurance products (Life Insurance)
 
Asset protection strategies, part 1
Asset protection strategies, part 1Asset protection strategies, part 1
Asset protection strategies, part 1
 
What is Insurance?
What is Insurance?What is Insurance?
What is Insurance?
 

Captive Insurance Basics

  • 1. Basics of Alternative Risk Financing and Captive Insurance Strategies 1
  • 2. Questions to Ask Prior to Selecting Risk Financing Strategy • What is your risk appetite? • How diverse is your Company’s operations? • How strong is your Company’s Financial Statements (Cash Flow)? • What are the State Insurance Laws? 2
  • 3. What is Captive Insurance? • A subsidiary formed to insure the risks of its parent and affiliates. • A captive is sometimes owned by and insures more than one parent. 3
  • 4. Why Form a Captive? • Allows the Parent company to maintain control of their insurance program during hard and soft market cycles – Greater control of risk management program – Greater access to reinsurance markets – More flexibility with insurance coverages – Investment income opportunities – Stability of the price cycle 4
  • 5. Which Type of Captive Should I Form? • What types of coverage does my client require? • Is my client able to purchase insurance in the commercial market? • How many states does my client operate in? • What are the State Insurance Laws? 5
  • 6. Captive Insurance Structures • Pure captives • Group captives - association, risk retention groups • Rent-A-Captives / Leased capital facilities • Protected Cell Captives 6
  • 7. Basic Illustration of a Direct-Writing Pure Captive Insurance Program Captive Owner(s) / Insured(s) Premium $ Paid Loss $ Covered Claim Excess Insurance Excess Loss Premium $$$ Reimbursement $$$$ Captive Insurance Company Loss Reimbursement $ Excess Insurance Company Reinsurance Premium $ Reinsurance Company 7
  • 8. Captive Structures • Pure Captive – Insures the risk of its Parent, affiliates, or companies that have a working relationship with the Parent Company – Provides insurance or reinsurance for all lines of insurance – Licensed in State of Domicile and non- admitted in all other states 8
  • 9. Pure Captive Structure Parent Company Insured is parent, subsidiaries, affiliates or companies that have a business relationship with Parent Company Fronting Carrier (Could be RRG) Admitted Insurer in all 50 states, provides -or- policy to insured Pure Captive Insurer Provides direct insurance or reinsurance. Excess Insurer Reinsurer / Retrocessionaire 9 (Insures above Captive (Reinsures Pure retention) captive)
  • 10. Captive Structures • Risk Retention Group – Insures the risk of its members – Provides insurance or reinsurance for liability lines of insurance only – Licensed in State of Domicile and registers in all other states – Able to provide direct coverage in every state registered 10
  • 11. Risk Retention Captive Structure Members Members must be engaged in any related, similar or common business, trade, product, services, premises or operations. Risk Retention Group Provides direct insurance to its members in all 50 states after registering with each state. Can only provide liability insurance. Reinsurer (Could also be pure captive, rent-a-captive or risk retention group) 11 Provides reinsurance excess of RRG’s retention
  • 12. Captive Structures • Association Captive – Insures the risk of its members – Provides insurance or reinsurance for all lines of insurance – Licensed in State of Domicile and non- admitted in all other states 12
  • 13. Association Captive Structure Member Organization Made up of any legal association of individuals, corporations, partnerships, or associations, except labor organizations Fronting Carrier Admitted Insurer in all 50 states, provides -or- policy to insured Association Captive Insurer Provides direct insurance or reinsurance. Reinsurer / Retrocessionaire 13 (Reinsures Association Captive)
  • 14. Captive Structures • Rent-A-Captive – Formed by a Sponsor • Some states allow an Agency to Sponsor • Some states allow only Insurance Company to Sponsor • Some states allow any organization to Sponsor – Provides insurance or reinsurance for all lines of insurance – Licensed in State of Domicile and non- admitted in all other states 14
  • 15. Rent-A-Captive Structure Sponsor Varies by Domicile – either insurance company, captive insurance company or any entity that is approved by the commissioner to provide all or part of the capital and surplus required by applicable law Fronting Carrier (Could be RRG) Admitted Insurer in all 50 states. Issues policy to be reinsured by Cell Cell A Cell B Cell C any entity, partners, any entity, partners, any entity, partners, or joint venture or joint venture or joint venture partners, or members partners, or members partners, or within the same within the same members within the corporate family of corporate family of same corporate the entity that are the entity that are family of the entity insured by a rent-a- insured by rent-a- that are insured by captive captive a rent-a-captive Reinsurer Reinsures each participant (protected cell) of the Rent-A- 15 Captive
  • 16. Capital & Surplus Requirements Domicile Pure Group Association Agency Rental AZ $250k $500k $500k $1m DC $100k $100k - $100k - $100k – 300k 300k 300k MT $250k $500k $750k N/A N/A NV $250k $500k $600k $750k SC $250k $500k $750k N/A $1m VT $250k $500k $700k $500k Domicile Class Class 2 Class 3 Class 4 Class 5 1 HI $100k $250k $500k - $750k $1m TBD 16
  • 17. Premium Tax Table - Direct Domicile Minimum $1-20M $20-40m $40-50m +60m AZ None None None None None MT $5,000 0.40% 0.30% 0.20% 0.075% NV $5,000 0.40% 0.20% 0.075% 0.075% SC $5,000 0.40% 0.30% 0.20% 0.075% VT $7,500 0.38% 0.285% 0.19% 0.072% Domicile Minimum $1-25m $25-50M $50m+ DC $10,000 0.25% 0.15% 0.05% RRG $7,500 all other HI None 0.25% 0.15% 0.05% 17
  • 18. Premium Tax Table - Reinsurance Domicile Minimum $1-20M $20-40m $40-60m +60m AZ None None None None None MT $5,000 0.225% 0.15% 0.05% 0.05% NV $5,000 0.225% 0.15% 0.025% 0.025% SC $5,000 0.225% 0.15% 0.05% 0.025% VT $7,500 0.214% 0.143% 0.048% 0.024% Domicile Minimum $1-25m $25-50M $50m+ DC None 0.25% 0.15% 0.05% HI None None None None 18
  • 19. Application and Annual Fees Domicile Application Certificate Annual Other Fee of Renewal Fees Authority Fees Fee AZ $75 $1,000 $5,500 $100 DC $500 $300 $300 Misc HI $1,000 $300- $300-1,000 Misc $1,000 MT $200 $300 $300 Misc NV $500 $300 $300 Misc SC $200 $300 $300 Misc VT $200 $300 $300 Misc 19
  • 20. Review and Evaluation Issues • Financial Implications – Funding Sources – Risk Retention / Transfer • Operational Considerations – Servicing Requirements – Captive Management • Regulatory Implications – Domestic and International 20
  • 21. How to Establish a Captive • Captive Consultant – Feasibility of Captive • Actuary – Review of Loss History • Domicile Legal Counsel – Assist with Domicile Law 21
  • 22. Formation and Implementation Process • Introductory Meeting with Regulator • Application and Business Plan Filing • Formation and Licensure • Ongoing Monitoring 22
  • 23. Introductory Meeting with Regulator • Meeting with Domicile with Regulator • Present and discuss captive plan • Provide information about parent organization • Receive “yes” or “no” from Regulator 23
  • 24. Application and Business Plan Filing • Captive Manager works with service providers and captive owner to prepare Application • Includes – Domicile specific application – Business Plan – Pro-Forma Financials – Actuarial Report – Biographical affidavits – Service Providers, Officers and directors – Copies of Policies to be issued – Miscellaneous 24
  • 25. Formation and Licensure • Captive Manager works with legal counsel • Legal counsel prepares – Articles of Incorporation – By-Laws • Once application approved by Regulator, Insurance Department issues Certificate of Good Standing • Legal counsel files with Business registration department for business name • Parent Organization capitalizes captive (LOC or Cash) • Legal counsel files approved Articles and By-laws along with license fee and any other docs with Insurance Commissioner • Insurance Department issues Certificate of Authority 25
  • 26. Ongoing Monitoring • Compliance with Approved Business Plan • Compliance with Domicile rules and regulations • Compliance with Domicile Investment laws • Federal Income Tax • Annual Filings – Audit (GAAP or SAP) – Actuarial – Domicile specific forms • Examinations • Annual Meeting Requirement 26
  • 27. Where to find information on Captive Insurance • Captive.Com - www.captive.com • National Risk Retention Association – www.nrra-usa.org • Captive Insurance Companies Association – www.captiveassociation.com • Captive Insurance Company Reports – www.irmi.com • Risk Retention Reporter – www.rrr.com 27