TITLE 33 INSURANCE

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

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-41-8. Amount of capital or surplus.

1. The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however:
   1. A pure captive insurance company shall maintain at least $250,000.00 in surplus;
   2. An association captive insurance company shall maintain at least $500,000.00 in surplus;
   3. An agency captive insurance company shall maintain at least $250,000.00 in surplus;
   4. An industrial insured captive insurance company shall maintain at least $500,000.00 in surplus; and
   5. A risk retention group shall maintain at least $500,000.00 in surplus.

      The Commissioner may require additional capital or surplus of any captive insurance company in an amount he or she deems appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency.

2. Minimum capital or surplus of up to $500,000.00 shall be maintained in any of the following:
   1. Cash;
   2. Certificates of deposit or similar certificates or evidences of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation;
   3. Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation; or
   4. Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9.
3. One hundred thousand dollars of the minimum capital or surplus of an association captive insurance company, an industrial insured captive insurance company, or a risk retention group captive insurance company must be deposited with the state prior to the issuance of a certificate of authority.
4. Any additional capital or surplus in excess of $500,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following:
   1. Any eligible investments of minimum capital or surplus authorized under Code Section 33-11-5;
   2. Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9; or
   3. Any other investments approved by the Commissioner that do not impair the financial solvency of the captive insurance company.

(Code 1981, §33-41-8, enacted by Ga. L. 1988, p. 966, § 2; Ga. L. 2015, p. 377, § 1-4/HB 552; Ga. L. 2016, p. 825, § 1/SB 347.)

The 2015 amendment, effective July 1, 2015, rewrote paragraphs (a)(1) and (a)(2); added paragraphs (a)(3) and (a)(4); and, in the first sentence in the undesignated paragraph at the end of subsection (a), inserted "or she" following "he".

The 2016 amendment, effective July 1, 2016, added paragraph (a)(3); redesignated former paragraphs (a)(3) and (a)(4) as present paragraphs (a)(4) and (a)(5), respectively; in subsection (b), deleted "or" at the end of paragraph (b)(2), substituted "; or" for a period at the end of paragraph (b)(3), and added paragraph (b)(4); and inserted "of an association captive insurance company, an industrial insured captive insurance company, or a risk retention group captive insurance company" in subsection (c).