27-31C-3
Section 27-31C-3 License to provide homeowners insurance; exemptions; powers and duties.
(a) An Alabama Coastal Captive Insurance Company, if permitted by its articles of incorporation
or organization, operating agreements, or charter, may apply to the commissioner for a license
to write homeowners insurance coverage as limited in Section 27-31B-3(a)(4) and as
defined and limited in the standard real property and contents insurance forms as approved
by the commissioner. (b) An Alabama Coastal Captive Insurance Company that qualified as an
association captive under the provisions of Section 27-31B-8 is exempt from the requirement
that the association be in existence for one year so long as the association is in good standing
as an entity before becoming an owner of an Alabama Coastal Captive Insurance Company. (c)
An Alabama Coastal Captive Insurance Company may write homeowners insurance coverage as limited
in Section 27-31B-3(a)(4) and as limited to perils described in subsection (a)...
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27-31B-3
Section 27-31B-3 Licensing. (a) Any captive insurance company, when permitted by its
articles of association, charter, or other organizational document, may apply to the commissioner
for a license to do any and all insurance defined in Sections 27-5-2, 27-5-4, and 27-5-5,
in subdivisions (1), (2), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) of
subsection (a) of Section 27-5-6, in Sections 27-5-7, 27-5-8, 27-5-9, and 27-5-10,
and to grant annuity contracts as defined in Section 27-5-3, subject, however, to all
of the following: (1) No pure captive insurance company may insure any risks other than those
of its parent and affiliated companies or controlled unaffiliated business. (2) No association
captive insurance company may insure any risks other than those of the member organizations
of its association, and their affiliated companies. (3) No industrial insured captive insurance
company may insure any risks other than those of the industrial insureds that comprise...

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27-31C-4
Section 27-31C-4 Issuance of license - Requirements. (a)(1) The commissioner may not
issue a license to an Alabama Coastal Captive Insurance Company unless the company possesses
and maintains unimpaired paid-in capital of not less than one million dollars ($1,000,000);
however, in the case of an Alabama Coastal Captive Insurance Company formed as a sponsored
captive insurance company that does not assume any risk, where the risks insured by the protected
cells are homogenous, the commissioner may reduce this amount to an amount not less than five
hundred thousand dollars ($500,000). (2) a. Except for an Alabama Coastal Captive Insurance
Company formed as a sponsored captive insurance company that does not assume any risk, the
capital must be in the form of cash, cash equivalent, or an irrevocable letter of credit issued
by a bank chartered by this state or a member bank of the Federal Reserve System with a branch
office in this state or as approved by the commissioner. b. For an...
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27-31B-9
Section 27-31B-9 Reports and statements. (a) Captive insurance companies shall not be
required to make any annual report except as provided in this chapter. (b) Prior to March
1 of each year, each captive insurance company shall submit to the commissioner a report of
its financial condition, verified by oath of two of its executive officers. Except as provided
in Section 27-31B-6, each captive insurance company shall report using statutory accounting
principles, unless the commissioner approves the use of generally accepted accounting principles,
with any useful or necessary modifications or adaptations thereof required or approved or
accepted by the commissioner for the type of insurance and kinds of insurers to be reported
upon, and as supplemented by additional information required by the commissioner. Except as
otherwise provided, each association captive insurance company and each industrial insured
captive insurance company insuring the risks of an industrial insured group...
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27-31B-25
Section 27-31B-25 Incorporation of protected cells. (a) A protected cell of a protected
cell captive insurance company may be formed as an incorporated protected cell. (b) Subject
to the prior written approval of the protected cell captive insurance company and of the commissioner,
an incorporated protected cell shall be entitled to enter into contracts and undertake obligations
in its own name and for its own account. In the case of a contract or obligation to which
the protected cell captive insurance company is not a party, either in its own name and for
its own account or on behalf of a protected cell, the counterparty to the contract or obligation
shall have no right or recourse against the protected cell captive insurance company and its
assets other than against assets properly attributable to the incorporated protected cell
that is a party to the contract or obligation. (c) The certificate of formation of an incorporated
protected cell shall refer to the protected cell captive...
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27-31A-4
Section 27-31A-4 Risk retention groups not chartered in this state. Risk retention groups
chartered and licensed in states other than this state and seeking to do business as a risk
retention group in this state shall comply with the laws of this state as follows: (1) NOTICE
OF OPERATIONS AND DESIGNATION OF COMMISSIONER AS AGENT. a. Before offering insurance in this
state, a risk retention group shall submit to the commissioner both of the following: 1. A
statement identifying the state or states in which the risk retention group is chartered and
licensed as a liability insurance company, charter date, its principal place of business,
and other information, including information on its membership, as the commissioner of this
state may require to verify that the risk retention group is qualified pursuant to subdivision
(11) of Section 27-31A-2. 2. A copy of its plan of operations or feasibility study
and revisions of the plan or study submitted to the state in which the risk retention...
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27-31B-6
Section 27-31B-6 Minimum capital and surplus. (a) No captive insurance company shall
be issued a license unless it shall possess and thereafter maintain unimpaired paid-in capital
and surplus as follows: (1) In the case of a pure captive insurance company, not less than
two hundred fifty thousand dollars ($250,000) or such other amount determined by the commissioner
and actuarially supported by a feasibility study. (2) In the case of an association captive
insurance company or risk retention group, not less than five hundred thousand dollars ($500,000)
or such other amount determined by the commissioner and actuarially supported by a feasibility
study. (3) In the case of an industrial insured captive insurance company, not less than five
hundred thousand dollars ($500,000). (4) In the case of a protected cell captive insurance
company, not less than two hundred fifty thousand dollars ($250,000) or such other amount
determined by the commissioner and actuarially supported by a...
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27-31B-8
Section 27-31B-8 Formation of captive insurance companies in this state. (a) A pure
captive insurance company or a protected cell captive insurance company shall be formed as
a stock or mutual insurer, or as a nonprofit or limited liability company with its capital
divided into units and held by the stockholders, members, or other equivalent as allowed by
law. (b) An association captive insurance company, an industrial insured captive insurance
company, or a risk retention group may be formed in any of the following ways: (1) Organized
as a stock insurer with its capital divided into share units and held by the stockholders,
members, or other equivalent as allowed by law. (2) Organized as a mutual insurer without
capital stock, the governing body of which is elected by the member organizations of its association.
(3) Organized as a reciprocal insurer in accordance with Chapter 31 of this title. (4) Organized
as a manager-managed limited liability company. (c) A captive insurance...
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27-31B-16
Section 27-31B-16 Tax on premiums collected. (a) Each captive insurance company shall
pay to the commissioner, by March 1 of each year, a tax at the rate of four-tenths of one
percent on the first 20 million dollars, three-tenths of one percent on the next 20 million
dollars, two-tenths of one percent on the next 20 million dollars, seventy-five thousandths
of one percent on each dollar thereafter on the direct premiums collected or contracted for
on policies or contracts of insurance written by the captive insurance company during the
year ending December 31 next preceding, after deducting from the direct premiums subject to
the tax the amounts paid to policyholders as return premiums which shall include dividends
on unabsorbed premiums or premium deposits returned or credited to policyholders. Notwithstanding
the foregoing, no tax shall be due or payable as to considerations received for annuity contracts.
(b) Each captive insurance company shall pay to the commissioner by March 1 of...
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27-31C-9
Section 27-31C-9 Findings of the commissioner. The commissioner may not issue a license
to an Alabama Coastal Captive Insurance Company unless the commissioner finds that the: (1)
Coastal captive insurance company is capitalized adequately or properly reinsured or both,
after giving due consideration to the business plan, feasibility study, and pro formas, including
the level of risk to be retained by the coastal captive insurance company; (2) Proposed business
plan of the coastal captive insurance company provides for a reasonable and expected successful
operation and is not hazardous to any policyholder; (3) Proposed business plan, including
any contracts or agreements to which the coastal captive insurance company is a party, and
the intended operation of the coastal captive insurance company comply with this chapter and
with any other applicable provisions of this title; and (4) Proposed business plan and intended
operation of the coastal captive insurance company satisfy the...
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