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§ 6470.35. Dormant captive insurance company--Certificate of dormancy

Oklahoma Statutes AnnotatedTitle 36. InsuranceEffective: November 1, 2022

Oklahoma Statutes Annotated
Title 36. Insurance (Refs & Annos)
Chapter 2. Miscellaneous Provisions
Captive Insurance Company Act
Effective: November 1, 2022
36 Okl.St.Ann. § 6470.35
§ 6470.35. Dormant captive insurance company--Certificate of dormancy
Currentness
A. As used in this section, “dormant captive insurance company” means a captive insurance company that has:
1. Ceased transacting the business of insurance including the issuance of insurance policies; and
2. No remaining liabilities associated with insurance business transactions or insurance policies issued prior to the filing of its application for a certificate of dormancy under this section.
B. A dormant captive insurance company domiciled in this state that meets the criteria of subsection A of this section may apply to the Insurance Commissioner for a certificate of dormancy. The certificate of dormancy shall be subject to renewal every five (5) years and shall be forfeited if not renewed within such time.
C. A dormant captive insurance company that has been issued a certificate of dormancy shall:
1. Possess and thereafter maintain unimpaired, paid-in capital and surplus of not less than Twenty-five Thousand Dollars ($25,000.00);
2. Submit on or before March 1 of each year to the Insurance Commissioner a report of its financial condition, verified by an oath of two of its executive officers, in a form prescribed by the Insurance Commissioner; and
3. Pay a nonrefundable annual fee of Five Hundred Dollars ($500.00).
D. A dormant captive insurance company shall not be subject to or liable for the payment of any tax under Section 6470 of this title for the initial five-year dormancy.
E. A dormant captive insurance company shall apply to the Insurance 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 subsection A of this section.
G. A dormant captive insurance company may be subject to examination under Section 6470.13 of this title for any year when it did not qualify as a dormant captive insurance company. The Insurance Commissioner may examine a dormant captive insurance company pursuant to Section 6470.13 of this title.
H. The Insurance Commissioner may promulgate and adopt rules and regulations implementing the provisions of this section.

Credits

Laws 2021, c. 478, § 33, emerg. eff. May 12, 2021; Laws 2022, c. 154, § 10, eff. Nov. 1, 2022.
36 Okl. St. Ann. § 6470.35, OK ST T. 36 § 6470.35
Current with emergency effective legislation through Chapter 182 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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