Captive Insurance Companies
The Insurance Act
1994 provides for the establishment and management of captive insurance
companies in the BVI.
Specific provisions
of the Insurance Act and related regulations include:
- All entities carrying
on any form of insurance business are required to be licensed under
the auspices of the Commissioner of Insurance;
- Minimum paid-up
capital requirements range from $100,000-300,000. Application and annual
insurance licence fees range from US$ 250 US$ 2,000;
- Every licensed
insurer will be required to have an insurance manager, licensed and
resident in the BVI. An insurance manager must have specific insurance
knowledge and expertise and will have certain obligations to the Commissioner
as regards the conduct of business by the insurer;
- All records, documents
and information disclosed to the Commissioner are absolutely privileged,
but may be sanctioned in appropriate circumstances for release to a
recognised international organization or law enforcement agency for
the purposes of legal assistance in the investigation of criminal activity;
- Exemptions from
any or all provisions of the Insurance Act are available in appropriate
circumstances
- Minimum margins
of solvency for insurers are as follows:
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- Net retained
annual premium (N.R.A.P.):
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- less than
US$ 1 million - US$ 200,000
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- less than
US$ 5 million - 20% of N.R.A.P.
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- in excess
of US$ 5 million - US$ 1.2 million plus 10% of the N.R.A.P. in excess
of US$ 5 million
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- Long Term
Business: - US$ 250,000
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Non-allowable
assets include advances to parent company or subsidiaries, real estate
and unquoted securities.
A licensed insurer
is required to maintain permanently in the BVI adequate books and records
of its insurance business and financial affairs and all licensees are
required to submit annual audited financial statements to the Commissioner.
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