Georgia

Georgia

In 2015, Georgia Insurance Commissioner Ralph Hudgens launched an effort to expand Georgia’s Captive industry. By promoting Captive legislation consistent with best practices, creating a dedicated Captive division within the Department of Insurance, and strengthening relationships and open lines of communication between the Department and Georgia’s Captive industry, he continues to demonstrate his commitment to achieving this goal.

[Last updated: 30/07/16]
Regulatory contact:
Courtney L. Faust, Esq.Courtney L. Faust, Esq. Director Captive Insurance Division
2 Martin Luther King, Jr. Drive Suite 707, West Tower Atlanta, Georgia 30334
Telephone Number (404) 463-2825
Email Address cfaust@oci.ga.gov
Website www.oci.ga.gov



Name of Captive Legislation
O.C.G.A. §33-41-1 et seq. – Georgia Captive Insurance Company Act
 
Year Legislation Passed
1988
 
Recent Amendments

  • 2015 – House Bill 552
  • 2016 – Senate Bill 347


 
Do you allow Cell Captives?
Not at this time
 
Total Number of Licenced Captives 
22
 
Number of Risk Retention Groups or Group Captives

  • 0 Risk Retention Group Captives
  • 9 Association Captives


 
Number of Single Parent Captives
13
 
Number of Cell Captives
0
 
Number of licences granted in the past year (2015 calendar year)

  • 7 licenses granted in calendar year 2015
  • 6 licenses granted in calendar year 2016 (as of 7/29/2016)


 
Approximate (or Average) length of time to process a new captive
30-45 days (average)
 
Captive tax rates

  1. 4% on the first $20 million and 0.3% on each dollar thereafter on its direct premiums collected, after deducting from the direct premiums subject to the tax the amounts paid to policyholders as return premiums, which must include dividends on unabsorbed premiums or premium deposits returned or credited to policyholders;  


 

  • 225% on the first $20 million of assumed reinsurance premium, 0.150% on the next $20 million, 0.050% on the next $20 million and 0.025% of each dollar thereafter. However, no reinsurance tax applies to premiums for risks or portions of risks that are subject to taxation on a direct basis pursuant to #1 above.


 

  1. Captives pay a maximum tax of $100,000.00 per year.  


 

  1. 2 or more captive insurance companies under common ownership and control are taxed as though they were a single captive.


 
Minimum capitalization rate 

  • Pure Captive - $250,000 minimum
  • Agency Captive - $250,000 minimum
  • Association Captive - $500,000 minimum
  • Industrial Insured Captive - $500,000 minimum
  • Risk Retention Group Captive - $500,000 minimum


 
Licencing fees

  • Initial License (all captives) - $750
  • Includes filing fees for incorporation and name approval
  • There is an additional Organizational Exam fee of $3,000 (or more for highly complex business plans) for newly forming Captives
  • Renewal License for Pure and Agency Captives - $550
  • Includes yearly filing fee
  • Renewal License for Industrial Insured, RRG and Association Captives - $700
  • Includes quarterly and year-end filing fees


 
Industry sectors best represented in the domicile
Construction, Transportation (Taxi-cab/Vehicles for Hire), Real Estate, Manufacturing, Retail/Wholesale, and Food and Beverage
 
Top 5 uses for Captives in the domicile

  1. Workers’ Compensation
  2. Commercial Auto Liability
  3. General Liability
  4. Professional liability
  5. Non-traditional Coverages (g., cyber liability, transit risk, and crime)


 
Total premiums received by the Captives
Approximately $335,913,558 as of year-end 2015.
 
Captive Insurance Managers registered to conduct business in the domicile


1.      Sanford-Bodden, LLC

2.      MIJS Captive Management, LLC

3.      Stern Risk Partners, LLC

4.      Marsh Management Services, Inc.

5.      Strategic Risk Solutions, Inc.

6.      M.R. Mead & Company, Inc.

7.      River Oak Risk, LLC

8.      Arsenal Insurance Management, LLC

9.      Aon Insurance Managers (USA) Inc.

10.  Artex Risk Solutions, Inc.

11.  USA Risk Group, Inc.

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