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You are here: Home . licensing . company . captives

Captives

The 83rd Texas legislature passed Senate Bill 734, relating to the licensing of captive insurance companies, authorizing fees, and authorizing and imposing taxes. The Texas Department of Insurance is now accepting applications for captive insurers.

Captive Statutes and Regulations

Obtaining a License

Preliminary Plan of Operations and Meeting

Prior to filing a formal application, a captive may first complete the pre-filing process to obtain initial feedback from TDI staff. The company should contact staff via e-mail at Captives@tdi.texas.gov to: (1) submit the pre-file plan of operations and supporting documents; and (2) request a teleconference or face-to-face meeting to discuss the formation or redomestication of a captive insurance company.

Application Process

TDI staff have determined that the company must submit an application to request a captive insurance company be licensed or redomesticated. After the application is reviewed and the regulatory requirements have been satisfied, the captive must submit a formation application to the Texas Secretary of State's Office. After the captive is formed at the Texas Secretary of State's Office the applicant must provide evidence of formation with TDI in order to finish the licensing process.

The following forms may be used to obtain a license:

Any questions relating to the licensing process should be sent to Captives@tdi.texas.gov.

Ongoing Requirements for Licensed Captive Insurance Companies

Licensed captive insurance companies are required to submit the forms and documents as set forth in the Texas Insurance Code, and Texas Administrative Code. Additional requirements may be set forth in the captive’s certificate of authority or other communications with TDI staff. The documents below outline the different requirements for licensed captive insurance companies, as well as how to submit the required information:

  Licensed Texas captive insurance companies should direct specific questions to FACaptives@tdi.texas.gov.

The below Annual Report Form and Instructions are due on March 1st  of each year:

The below tax information is provided as a matter of convenience for licensed captive insurance companies:

The Texas Comptroller of Public Accounts is the taxing authority in the state of Texas, and specific tax questions should be directed to the Texas Comptroller of Public Accounts.

Captive Management Companies

A captive management company, generally referred to as a captive manager, is defined as a legal entity, not an individual that has oversight responsibility for providing any administrative service to a captive insurance company.

Captive management companies must register with the commissioner. The registration process includes submitting the registration form, selecting a designated responsible party (DRP), and submitting a biographical affidavit and fingerprints for the DRP. Below are the forms required for registration:

For questions about captive management registration, please email license@tdi.texas.gov.

For more information about Texas captive insurance companies, contact:

Robert Rudnai, Financial Analyst - Company Licensing and Registration (512) 676-6397
Christian Hertzberg, Assistant Director - Company Licensing and Registration (512) 676-6376
Jeff Hunt, Director - Company Licensing and Registration (512) 676-6383
Elijio Salas, Associate Commissioner - Licensing Services


If you would like to be included on a distribution list regarding captive updates, send your email address to Captives@tdi.texas.gov




For more information, contact:

Last updated: 03/31/2016

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