Or. Admin. Code § 836-029-0110 - Application
(1) In order to
form a domestic captive insurer a person shall apply to the director of the
Department of Consumer and Business Services for a permit to organize using the
form, "Application for Permit to Organize Captive Insurer With or Without
Capital Stock" as set forth on the Division of Financial Regulation website of
the Department of Consumer and Business Services at dfr.oregon.gov. The written
application for permit to organize, including all required attachments and
information, must be submitted to the department in accordance with
instructions provided with the application.
(2) In order to be authorized to transact
insurance as a captive insurer a person shall apply to the director for
authority to conduct a captive insurance using the form, "Application to Form a
Captive insurer" as set forth on the Division of Financial Regulation website
of the Department of Consumer and Business Services at dfr.oregon.gov. The
application materials must:
(a) Include one
complete copy of the application including forms, attachments, exhibits and all
other papers and documents filed as a part thereof, accompanied by the
appropriate filing fee filed in writing or online with the director. The
written application, including all required attachments and information, must
be submitted to the department in accordance with instructions provided with
the application.
(b) Be signed in
the manner prescribed in the application. If the signature of any person is
affixed pursuant to a power of attorney or other similar authority, a copy of
the power of attorney or other authority must also be filed with the
application.
(c) Include with the
application a business plan with supporting data and all other information
required by the application.
(d)
Include a feasibility study demonstrating the feasibility of the business plan
of the captive insurer. The department may test the feasibility of the study by
examining the captive insurer's corporate records, if any, including but not
limited to the insurer's charter, bylaws and minute books, verification of
capital and surplus, verification of principal place of business, determination
of assets and liabilities, and any other factor the director considers
necessary.
Notes
Statutory/Other Authority: ORS 731.244, Sec. 4 (Enrolled SB 1547) & Or Laws 2012, ch 84
Statutes/Other Implemented: Or Laws 2012, ch 84 & Sec. 2-22 (Enrolled SB 1547)
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