SECTION 365:25-15-23. Dormant captive insurance companies

(a)   As used in this Section, unless the context requires otherwise, "dormant captive insurance company" means a pure captive insurance company which has:

(1)   at no time insured controlled unaffiliated business;

(2)   ceased transacting the business of insurance, including the issuance of insurance policies;

(3)   no remaining liabilities associated with insurance business transactions; and

(4)   no unpaid premium taxes.

(b)   A pure captive insurance company domiciled in Oklahoma which meets the criteria of paragraph (a) of this Section may apply to the Commissioner for a certificate of dormancy. The certificate of dormancy shall be subject to renewal every five years and shall be forfeited if not renewed within such time.

(c)   A dormant captive insurance company which has been issued a certificate of dormancy shall:

(1)   possess and thereafter maintain unimpaired, paid-in capital and surplus of not less than $25,000.00;

(2)   prior to March 15 of each year, submit to the Commissioner a report of its financial condition, verified by oath of two of its executive officers, in a form as may be prescribed by the Commissioner; and

(3)   pay a license renewal fee as provided in 36 O.S. § 6470.3.

(d)   A dormant captive insurance company shall not be subject to or liable for the payment of any premium tax.

(e)   A dormant captive insurance company shall apply to the Commissioner for approval to surrender its certificate of dormancy and resume conducting the business of insurance prior to issuing any insurance policies.

(f)   A certificate of dormancy shall be revoked if a dormant captive insurance company no longer meets the criteria of paragraph (a) of this Section.

(g)   The Commissioner may establish guidelines and procedures as necessary to carry out the provisions of this section.

[Source: Added at 32 Ok Reg 1953, eff 9-15-15]