§36-6470.35. Dormant captive insurance company – Certificate of
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dormancy.
A. As used in this section, "dormant captive insurance company" means a captive insurance company that has:
1. Ceased transacting the business of insurance including the issuance of insurance policies; and
2. No remaining liabilities associated with insurance business transactions or insurance policies issued prior to the filing of its application for a certificate of dormancy under this section.
B. A dormant captive insurance company domiciled in this state that meets the criteria of subsection A of this section may apply to the Insurance Commissioner for a certificate of dormancy. The certificate of dormancy shall be subject to renewal every five
(5)years and shall be forfeited if not renewed within such time.
C. A dormant captive insurance company that has been issued a certificate of dormancy shall:
1. Possess and thereafter maintain unimpaired, paid-in capital and surplus of not less than Twenty-five Thousand Dollars ($25,000.00);
2. Submit on or before March 1 of each year to the Insurance Commissioner a report of its financial condition, verified by an oath of two of its executive officers, in a form prescribed by the Insurance Commissioner; and
3. Pay a nonrefundable annual fee of Five Hundred Dollars ($500.00).
D. A dormant captive insurance company shall not be subject to or liable for the payment of any tax under Section 6470 of this title for the initial five-year dormancy.
E. A dormant captive insurance company shall apply to the Insurance Commissioner for approval to surrender its certificate of dormancy and resume conducting the business of insurance prior to issuing any insurance policies.
F. A certificate of dormancy shall be revoked if a dormant captive insurance company no longer meets the criteria of subsection A of this section.
G. A dormant captive insurance company may be subject to examination under Section 6470.13 of this title for any year when it did not qualify as a dormant captive insurance company. The
Insurance Commissioner may examine a dormant captive insurance company pursuant to Section 6470.13 of this title.
H. The Insurance Commissioner may promulgate and adopt rules and regulations implementing the provisions of this section. Added by Laws 2021, c. 478, § 33, emerg. eff. May 12, 2021. Amended by Laws 2022, c. 154, § 10, eff. Nov. 1, 2022.