Amount of Capital or Surplus

  1. Law
  2. Georgia Code
  3. Insurance
  4. Captive Insurance Companies
  5. General Provisions
  6. Amount of Capital or Surplus

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  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;
    5. A risk retention group shall maintain at least $500,000.00 in surplus; and
    6. A sponsored captive insurance company shall maintain at least $250,000.00 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 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. One or more letters of credit, so long as they are in conformance with Code Section 33-41-9.
  3. Each association captive insurance company, industrial insured captive insurance company, and risk retention group captive insurance company must deposit 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; Ga. L. 2019, p. 533, § 2-6/HB 99.)

The 2019 amendment, effective July 1, 2019, deleted "and" at the end of paragraph (a)(4); substituted "; and" for the period at the end of paragraph (a)(5); added paragraph (a)(6); deleted "paragraph (2) of subsection (a) of" following "described in" near the end of the first sentence of the ending undesignated paragraph of subsection (a); substituted "One or more letters of credit, so long as they are in conformance with" for "Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in" in paragraph (b)(4); in subsection (c), substituted "Each" for "One hundred thousand dollars of the minimum capital or surplus of an" at the beginning, deleted "an" preceding "industrial" in the middle, and substituted "and risk retention group captive insurance company must deposit" for "or a risk retention group captive insurance company must be deposited" near the end.


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