In order to form a Captive Insurance Company in the State of Georgia, the Captive should follow these steps to incorporate in Georgia and obtain a Certificate of Authority.
Familiarize Yourself With the Relevant Georgia Laws and Rules
Review O.C.G.A. §§ 33-41-1 et seq. and Georgia Regulation 120-2-45 in order to familiarize yourself with the Georgia laws and rules directly related to the regulation of Captives in the State of Georgia.
Contact the Captive Insurance Division to Discuss the Proposed Plan
Email the Commissioner’s staff in the Captive Insurance Division to discuss the proposed Captive and get any additional information required before moving forward.
Follow the Procedures for Incorporating the Captive in Georgia
Follow the procedures set forth in O.C.G.A. §§ 33-14-4 through 33-14-6 in order to incorporate the Captive in the State of Georgia.
File All Required Application Fees, Forms, and Documents With the Captive Insurance Division
- File all required application fees, forms, and documents with the Captive Insurance Division via GIMS Portal as outlined in the Application Checklist for Newly Forming Captive Insurance Company in order to establish a Corporate Charter (Articles of Incorporation) and apply for a Certificate of Authority. The application checklist is designed to help ensure the submittal of complete applications; it must be cross-referenced and included with the application package.
- Please note that the list of all required materials, fees, etc. varies per Applicant. Additionally, an application package will not be deemed complete and will not be reviewed until the Applicant has submitted all required materials. While an application is pending, it is the Applicant's responsibility to keep all required statements, documents, and materials current.
- Applicants can click here to access and view all the forms that must be submitted to the Captive Insurance Division when forming a new Captive in the State of Georgia.
- After the application package is deemed complete and the Captive Insurance Division begins its review, the Applicant may be required to submit additional information as deemed appropriate by the Division.
- The Division will either approve or disapprove the Applicant's Proposed Articles of Incorporation (Corporate Charter) within 45 days. If approved, the Division will coordinate with the Georgia Secretary of State's Office regarding the issuance of a Certificate of Incorporation.
- Please Note: a Certificate of Incorporation issued by the Georgia Secretary of State's Office is not the same as a Certificate of Authority to transact the business of insurance issued by the Department. The Applicant may not transact the business of insurance until it receives a Certificate of Authority from the Department.
- The Division will then either approve or disapprove the application for a Certificate of Authority within 90 days. However, if the Division requires additional time for its review, it may extend its initial review period an additional 90 days by notifying the Applicant in writing, pursuant to O.C.G.A. §33-3-15.
- If the application is approved, the Commissioner will issue a Certificate of Authority authorizing the Applicant Captive Insurance Company to transact insurance in the State of Georgia.