How do you start a captive insurance company in Utah?

It starts with a captive manager and ends with a certificate of public good

Travis Wegkamp puts the first step outside the department. Before anything is filed, a captive manager looks at the business, its risk profile, and where a captive could cover gaps or better serve coverage the business already buys. The manager builds the feasibility study and the business plan, those go into Utah's online licensing application with the supporting documents, and the department reviews the coverage lines against the code before issuing the certificate of public good that lets the company be formed.

Wegkamp's answer to where you start is that you do not start with the regulator. You start with a captive manager, and the department publishes a list of the managers approved to operate in Utah so that someone with no idea where to begin can contact a few and choose.

The manager does the work that decides whether there is a captive worth forming at all. They examine the entity and its risk profile, look for gaps a captive could cover or coverage that could be better served by one, and run the feasibility study that sets the lines, the limits and the premium.

Key takeaways

01

Wegkamp says the process begins with a captive manager, not the department, and Utah publishes the list of managers approved to work with captives licensed there.

02

The filing bundles a business plan and feasibility study with biographical affidavits, parent and beneficial owner financials, and the corporate formation documents.

03

The certificate of public good comes before the company legally exists, and Wegkamp says the timeline after it is set by how fast the applicant executes.

That work becomes a business plan, and the business plan is what gets filed. Utah's licensing application is online and, as Wegkamp points out, anyone can open it and read what it asks for before committing to anything. It wants the business plan and feasibility study, biographical affidavits for the owners, directors and officers, financial information for the parent and the beneficial owners, and the corporate legal documents including articles of incorporation and bylaws.

The department's review is about permissibility. Wegkamp describes checking the submission and the lines of coverage to confirm everything is allowable under Utah's captive code.

From the conversation

Travis Wegkamp
Director, Captive Insurance Division, Utah Insurance Department

The real start is to get involved with what we call the captive manager.

Transcript

Read the full transcript 11 turns

HostWhat is a regulatory process like in Utah? If you could speak to someone that's at a third grade level, that doesn't really understand how to get a captive started or what their experts are going to need to do on their behalf to get the captive

Travis Wegkampstarted. If

Hostyou could walk us through start to finish

Travis Wegkampwhat that looks like. So just to clarify, the regulatory process of starting a captive submitting an application is what we're talking about here. The real start is to get involved with what we call the captive manager. They're the ones that are going to take a look at your entity. It's risk profile and it's determined where there are some gaps that may be covered by a captive insurance company

Travis Wegkampor where the current coverage is getting could better be served by having your own captive insurance company. That's the start is to find a captive manager. By all means, they can come to us and on our website, insurance.utaw.gov/captiv. We do have a list of captive managers that are approved to operate as such here in the state and represent a captive's license here in

Travis WegkampUtah. So if you don't know where to start, you can go to that listing and maybe look and contact a few, see if there's somebody you want to work with there. And then, like I said, they'll dig into your company and your risk profile. They'll help you get started on the feasibility study, determining what kind of lines you should place in your captive and what the underwriting, the premium should be for those and the lines, the limits, all of that sort of stuff there

Travis Wegkamp. And they'll develop that into a business plan that you'll submit to the state. And in Utah in particular, we have an online licensing application that anybody can access and take a look at and see what's in there. It requires those things like a business plan, feasibility study, biographical affidavits for the owners, the directors and the officers of the captive. Financial information for the parent company as well as the beneficial owners. And

Travis Wegkampthen there'll be some legal documents that they'll need to take care of, submit articles of incorporation, the bylaws, things of that nature. And then they'll submit that to us. And we're pretty quick to dive in and get going on those applications. We'll review that submission and the lines of coverage and make sure that everything appears appropriate appears to be allowable per our state code for captives. We'll do that quick initial review. Usually

Travis Wegkamp, we like to say give us a month for the whole process, but that initial review, assuming there's no gaps or missing documents, we'll typically have that reviewed within a week and we'll issue what's called the certificate of public good. And then once you have that, you can then go take that to the Department of Commerce and file your articles and get those

Travis Wegkampsubmitted and become an actual legal entity and set up your bank account, pay your fees for forming the licensing fees, the application fees. So once we actually do that, issue that certificate of public good, the ball is really back in the court of the application, the applicant at how quickly they want to take care and execute all those documents, pay those fees, set up the bank accounts with the minimum amounts required, all that sort of stuff. So typically a month seems to be kind of the general length

Travis Wegkampof a typical, pure, single parent, pure captive application here in Utah

Citations

Sources

  1. Captive, Utah Insurance Departmenthttps://insurance.utah.gov/captive

The views expressed are those of the featured guest, drawn from a recorded conversation, and reflect their own professional experience. Nothing on this page is insurance, tax, legal, or investment advice. Consult your own advisors about your specific situation.

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