In order to move the operations of an existing Captive Insurance Company to the State of Georgia, the Applicant should follow these steps.
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 redomestication of the Captive and get any additional information required before moving forward.
Follow the Applicable Procedure for Redomesticating the Captive Entity in Georgia
- Redomesticate via Corporate Charter Redomestication
- Redomesticate via Merger
- Submit, with its application for a Certificate of Authority, Articles of Incorporation for a domestic Captive along with a Plan of Reorganization, Plan of Liquidation, or similar reorganizational documents (including novation or transfer and assumption agreements) for any type of foreign or alien Captive
- Submit, with its application for a Certificate of Authority, a Plan of Redomestication not otherwise addressed in Ga. Reg. 120-2-45-.17, which has received the approval of the current regulator of the foreign or alien Captive, if such approval is required.
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 as outlined in one of the following application checklists in order to apply for a Certificate of Authority: Application Checklist for a Captive Insurance Company Redomesticating via Corporate Charter Redomestication. Please note, the relevant application checklist must be cross-referenced and included with the application package.
- Please note that 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 redomesticating an existing captive insurance company.
- 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.
- Typically, the Division will either approve or disapprove the application for a Certificate of Authority within 45 days (see Ga Reg. 120-2-45-.17). However, if the Division requires additional time for its review, it may extend such 45 day period for an additional 90 days by notifying the Applicant in writing, pursuant to O.C.G.A. §33-3-15.
- If the Commissioner ultimately approves the Applicant’s application for a Certificate of Authority, the Commissioner shall issue a Certificate of Authority authorizing the captive insurance company to transact insurance in the State of Georgia.