§ 6004. Minimum capital and surplus; letter of credit
(a) No captive insurance company shall be issued a license unless it shall possess and thereafter maintain unimpaired paid-in capital and surplus of:
(1) in the case of a pure captive insurance company, not less than $250,000.00;
(2) in the case of an association captive insurance company, not less than $500,000.00;
(3) in the case of an industrial insured captive insurance company, not less than $500,000.00;
(4) in the case of an agency captive insurance company, not less than $500,000.00;
(5) in the case of a risk retention group, not less than $1,000,000.00; and
(6) in the case of a sponsored captive insurance company, not less than $250,000.00.
(b) The Commissioner may prescribe additional capital and surplus based upon the type, volume, and nature of insurance business transacted.
(c) Capital and surplus may be in the form of cash, marketable securities, a trust approved by the Commissioner and of which the Commissioner is the sole beneficiary, or an irrevocable letter of credit issued by a bank approved by the Commissioner. (Added 1981, No. 28; amended 1993, No. 40, § 3, eff. June 3, 1993; 1993, No. 235 (Adj. Sess.), § 9d; 1999, No. 38, § 6, eff. May 20, 1999; 2003, No. 55, § 7; 2007, No. 178 (Adj. Sess.), § 5; 2009, No. 137 (Adj. Sess.), § 18, eff. May 29, 2010; 2011, No. 78 (Adj. Sess.), § 37, eff. April 2, 2012; 2015, No. 20, § 2, eff. May 7, 2015; 2017, No. 12, § 5, eff. May 1, 2017.)