Ohio Revised Code
Chapter 3964 | Captive Insurance Companies
Section 3964.05 | Capital Requirements.

Effective: September 17, 2014
Latest Legislation: House Bill 117 - 130th General Assembly
(A) No captive insurance company shall be issued a license unless it possesses and maintains minimum unimpaired, paid-in total capital and surplus as follows:
(1) Not less than two hundred fifty thousand dollars;
(2) In the case of a protected cell captive insurance company, not less than five hundred thousand dollars.
(B) The superintendent 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 any of the following:
(1) Cash;
(2) Marketable securities, as approved by the superintendent;
(3) For a captive insurance company other than a special purpose financial captive insurance company, irrevocable, unconditional, and automatically renewable letters of credit that are issued or confirmed by a qualified United States financial institution.
(D) For purposes of division (C)(3) of this section, a United States financial institution is qualified if all of the following apply:
(1) It is organized under, or, in the case of the United States branch or agency office of a foreign banking organization, is chartered under the laws of the United States or any state thereof.
(2) It is regulated, supervised, and examined by federal or state officials that have regulatory authority over banks and trust companies.
(3) The superintendent has determined that it meets such standards of financial condition and standing as are necessary and appropriate for purposes of ensuring that its letters of credit will be of a quality that is acceptable to the superintendent, in the superintendent's sole discretion.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3964 | Captive Insurance Companies

Section 3964.01 | Definitions.

Section 3964.02 | Authorized Lines of Insurance.

Section 3964.03 | Organization.

Section 3964.04 | Name.

Section 3964.05 | Capital Requirements.

Section 3964.06 | Extraordinary Distributions.

Section 3964.07 | Annual Reports.

Section 3964.08 | Examination, Evaluation, and Monitoring.

Section 3964.09 | Suspension or Revocation of License.

Section 3964.10 | Investments.

Section 3964.11 | Rating Organizations; Affiliation Not Required.

Section 3964.12 | Affiliation With Insolvency Fund Prohibited.

Section 3964.13 | Fees.

Section 3964.14 | Applicable Law.

Section 3964.15 | Captive Insurance Regulation and Supervision Fund.

Section 3964.17 | Protected Cell Captive Insurance Company.

Section 3964.171 | Shares.

Section 3964.172 | Transfer of Assets.

Section 3964.173 | Status of Owners and Participants.

Section 3964.174 | Transactional Liability.

Section 3964.175 | Liability for Penalty.

Section 3964.176 | Duties of Directors.

Section 3964.177 | Agreements Between Company and Protected Cell; Requirements; Failure to Comply.

Section 3964.178 | Conversion of Captive Insurance Company to Protected Cell Captive Insurance Company.

Section 3964.179 | Transfer of Protected Cells.

Section 3964.1710 | Incorporation of Other Insurance Companies as Captive Cell; Approval of Superintendent.

Section 3964.18 | Liquidation.

Section 3964.19 | Contracts of Assumption of Risk or Indemnification; Permissible Commercial Activities.

Section 3964.191 | Grounds for Rehabilitation or Liquidation.

Section 3964.193 | Confidentiality of Information.

Section 3964.194 | Counterparties; Credit for Reinsurance Ceded to Special Purpose Financial Captive Insurance Company That Is a Subsidiary or Affiliate of the Counterparty.

Section 3964.20 | Foreign Companies.

Section 3964.21 | Rules.