TITLE 33 INSURANCE

Section 41. Captive Insurance Companies, 33-41-1 through 33-41-24.

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-41-10. Application for and issuance of certificate of authority.

1. The application for an original certificate of authority for a captive insurance company must be filed with the Commissioner and shall contain the following:
   1. A copy of the captive insurance company's adopted or proposed articles of incorporation and bylaws or articles of organization and operating agreement; and
   2. A business plan which shall contain the following:
      1. A plan of operation or a feasibility study describing the anticipated activities and results of the captive insurance company which shall include:
         1. A description of the coverages, coverage limits and deductibles, and premium rating systems for the lines of insurance or reinsurance that the captive insurance company intends to offer;
         2. Historical and expected loss experience of the risks to be insured or reinsured by the captive insurance company;
         3. Pro forma financial statements and projections of the proposed business operations of the captive insurance company;
         4. An analysis of the adequacy of the captive insurance company's proposed premiums and capital and surplus levels relative to the risks to be insured or reinsured by the captive insurance company;
         5. A statement of the captive insurance company's net retained limit of liability on any contract of insurance or reinsurance it intends to issue and the nature of any reinsurance it intends to cede;
         6. A statement certifying that the captive insurance company's investment policy is in compliance with this title and specifying the type of investments to be made pursuant to Code Section 33-41-18;
         7. A statement identifying the geographic areas in which the captive insurance company intends to operate;
         8. A statement identifying the persons or organizations who will perform the captive insurance company's major operational functions, including management, underwriting, accounting, investment of assets, claims adjusting and loss control, and the adequacy of the expertise, experience, and character of such persons or organizations; and
         9. Whenever required by the Commissioner, an appropriate opinion by a qualified independent casualty actuary regarding the adequacy of the captive insurance company's proposed capital, surplus, and premium levels; and
      2. Such other items deemed relevant by the Commissioner in ascertaining whether the proposed captive insurance company will be able to meet its contractual obligations.
2. In determining whether to approve an application for an original or renewal certificate of authority to a captive insurance company, the Commissioner shall examine the applicable items submitted to him or her pursuant to subsections (a), (e), and (f) of this Code section. The Commissioner may rely upon and accept the reports of independent agents who may include licensed insurance counselors, brokers, agents, or adjusters discussed under Chapter 23 of this title, certified actuarial consultants, certified public accountants, risk managers, and examiners of insurance companies in order to facilitate his or her examination of the application for a certificate of authority by a captive insurance company. The expenses and charges of such independent agents shall be paid directly by the captive insurance company.
3. Each captive insurance company shall pay to the Commissioner an amount equal to all costs of examining, investigating, and processing its application for an original or renewal certificate of authority. In addition, it shall pay a fee for the initial year of licensure and a renewal fee for each year thereafter in the amount periodically imposed under this title upon captive insurance companies.
4. Pursuant to Code Section 33-3-15, if the Commissioner is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter.
5. The captive insurance company shall provide the Commissioner with the following documentation as soon as practicable:
   1. Evidence satisfactory to the Commissioner that the minimum capital or surplus required for the particular captive insurance company under Code Section 33-41-8 has been paid in and that the appropriate amount thereof has been deposited with the state; and
   2. A financial statement showing the assets and liabilities of the captive insurance company which is certified by its president and calculated in accordance with the accounting standards set forth in Chapter 10 of this title, except as modified by this chapter.

      Notwithstanding subsection (d) of this Code section, the Commissioner may require that the captive insurance company submit the documentation required by this subsection prior to issuing the captive insurance company a certificate of authority.

6. Any material change in the items required under subsection (a) of this Code section shall require the prior approval of the Commissioner. Any material change which is not disapproved by the Commissioner within 30 days after its submission shall be deemed approved.

(Code 1981, §33-41-10, enacted by Ga. L. 1988, p. 966, § 2; Ga. L. 1989, p. 14, § 33; Ga. L. 2016, p. 825, § 1/SB 347; Ga. L. 2017, p. 682, § 7/SB 173; Ga. L. 2017, p. 774, § 33/HB 323.)

The 2016 amendment, effective July 1, 2016, in paragraph (a)(1), deleted "certified" preceding "copy" and inserted "adopted or proposed" preceding "articles".

The 2017 amendments. The first 2017 amendment, effective July 1, 2017, substituted "or articles of organization and operating agreement; and" for a semicolon at the end of paragraph (a)(1); in subsection (b), inserted "or her" twice and inserted "applicable" near the beginning of the first sentence; in the second sentence of subsection (c), substituted "licensure" for "registration" near the beginning and substituted "captive" for "other domestic" near the end; in subsection (d), substituted "the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter" for "he shall notify the captive insurance company of his intention to issue a certificate of authority" at the end; and, in subsection (e), in the introductory paragraph, substituted "The" for "After the captive insurance company has been notified pursuant to subsection (d) of this Code section, the" at the beginning and added "the following documentation as soon as practicable" at the end; in paragraph (e)(2), substituted "set forth" for "set out" near the middle; and substituted the present provisions of the ending undesignated paragraph of subsection (e) for the former provisions, which read: "Thereafter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter.". The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, added "and" at the end of paragraph (a)(1); substituted "him or her" for "him" near the beginning of subsection (b); substituted "he or she" for "he" near the middle of subsection (d); and substituted "his or her" for "his" in subsections (b) and (d). See Editor's notes regarding the effect of these amendments.