Delaware

Delaware is the gateway to US markets. Through it's nationally/internationally recognized position in corporate laws, governance and preeminent business climate, this domicile is “where business gets done”. Delaware’s location between the centers of political and business power- Washington DC, and New York City makes it convenient in forming a captive in a nationally recognized and respected captive domicile.

[Last updated: 209/05/23]
Regulatory contact:
Department of Insurance
Captive Bureau
Address of regulator
1007 North Orange Street
10th Floor
Suite 1010
Wilmington, De. 19801
Telephone Number
(302)- 577-5280
FAX- (302)- 577-3057
Email Address: captive@state.de.us

Captive Legislation
Major legislation passed in 2005-the Delaware Revised Captive Insurance Act, Chapter 69, Title 18.
This legislation was the framework from which the Delaware captive domicile had great growth under Commissioner Karen Weldin Stewart.

Year Legislation Passed
Delaware statutory changes in 2005 followed by subsequent captive legislative bills in 2007 and 2010 sparked the interest of potential captives looking for a domicile to form their new captive companies.

Recent Legislation;
Delaware House Bill 15 – signed into law in June 2015

Do you allow Cell Captives?
Yes, we allow cell captives. We presently have eleven (11) active cell captives. (3/28/2023)

Total Number of Licensed Captives
Seven hundred twenty five active licensed captives (725) (3/28/2023)

Number of Risk Retention Groups
One (1) Risk Retention Group (3/21/2023)

Number of Single Parent Pure Captives
We have two hundred and eighty eight (288) active single parent pure captives. (3/28/2023)

Number of Series Captive Insurance companies
We have three hundred and sixty seven (367) active series captive insurance companies. (3/28/2023)

Number of licenses granted in the past year (2022 calendar year)
We have issued over sixty three (63) insurance certificates of authority in calendar year 2022.

Approximate (or Average) length of time to process a new captive
The average length of time for processing a conditional license is one week. A formal review process that follows varies according to the complexity; however, a typical complete application is finalized in approximately 30 days.

Captive tax rates (include descriptions if needed)
Premium Taxes are annually due on April 15th.
Direct Premium Tax rate is 2/10% of 1 percent
Maximum Direct Premium Tax annually due is $200,000
Reinsurance Premium Tax Rate is 1/10% of 1 percent
Maximum Assumed Reinsurance Tax annually due is $110,000

A captive employing at least 25 full time employees in Delaware will have its premium tax capped at $50,000.

The minimum aggregate tax to be paid by a captive annually is $5,000.
The minimum annual renewal fee for all captives is $400.

Minimum capitalization rate
Pure parent captive company is $250,000
Series captive company – $25,000; or, as determined by the Commissioner
Agency captive company is $250,000
Association captive company is $250,000
Branch captive company is $250,000
Industrial captive company is $500,000
Sponsored captive company is $500,000
Risk Retention Group is $1,000,000

Minimum capital and surplus must be maintained in a form of cash, irrevocable letter of credit, or any other asset as approved by the Insurance Commissioner.

Licensing fees
$3,500.00
The fees may be paid by mailing payment to:
Delaware Department of Insurance
Captive Tax Section
1351 West North Street, Suite 101
Dover, DE 19904

Industry sectors best represented in the domicile
Agriculture, Healthcare, Construction, Professional Services, Energy, Medical, Manufacturing/Sales/Distribution, Restaurants, Education, Finance, and Real Estate

List the top 5 uses for Captives in your domicile, and if possible, number of captives of each type
CYBER LIABILITY
REPUTATIONAL LIABILTY
DIRECTORS and OFFICERS
EMPLOYMENT PRACTICES
BUSINESS INTERUPTION

Total premiums received by the Captives
Approximately $5B

Captive Insurance Managers registered to conduct business in the domicile
Please see http://captive.delawareinsurance.gov – for a listing of the Delaware licensed captive managers.