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Captives
British Columbia (B.C.)

Marsh Canada Limited

Head of Office: Stephen B. White
Sales Coordinator: N/A

Office and Mailing Address

Marsh Canada Limited
550 Burrard Street, Suite 800
Vancouver, British Columbia
Canada

Telephone: (604) 685-3765
Facsimile: (604) 685-3112

General Information

Location British Columbia is the western-most province of Canada (Pacific Standard Time).
Accessibility
Vancouver is serviced by regular daily flights from all parts of North America, Europe and the Far East.
Applicable Legislation The Insurance (Captive Company) Act was passed in 1987.
Number of Captives 17 as of 31-Dec-2008
Regulatory Agency

Ministry of Finance & Corporate Relations

Superintendent of Insurance and International Financial Business

Regulatory Issues

Acceptable Insurance Subsidiaries Single Parent and, Association Captives
Acceptable Corporate Forms Stock Corporation
Permitted Business Property, Casualty and Liability lines of business. No personal lines.

Direct Insurance Permitted
Yes - However, B.C. captives are not admitted in other Canadian provinces, so generally the only direct premiums will be for local B.C. risk. Premiums from other parts of Canada are generally fronted.
Reinsurance Permitted Yes
Policy Form and Rate Approval Not required
Local Office Requirement Registered office

Capitalization & Solvency Requirements

Minimum Paid-In Capital $200,000
Solvency Margin The captive must maintain reserves of at least $100,000. In effect, the solvency requirement is Capital + Surplus of $300,000.
Premium Taxes

B.C. Premium tax, generally 4%, is payable on direct written premiums on BC risks. Fronted premiums pay no B.C. premium tax but are subject to premium taxes in the jurisdiction of the fronted policy or policyholder - for other Canadian provinces this is generally 3%.

Premiums from Ontario, Quebec and Newfoundland are also subject to Provincial sales tax 8%-12%.

Reinsurance premiums from outside Canada will be subject to appropriate local taxes e.g., in the U.S. this may include premium taxes, self-procurement taxes and Federal Excise Tax.

Intercompany Loans Permitted - the Captive Act is silent.
Investment Restrictions There are no statutory restrictions on investments held by captives
Taxation British Columbia captives are Canadian residents for tax purposes and subject to full federal and provincial income tax - generally a combined rate of 44%. As an insurance company, a captive is allowed to deduct loss reserves on a discounted basis. Income generated from outside Canada may be exempt from the provincial portion of the tax but will still pay the 28% federal tax. In addition, Canada has a network of tax treaties with many countries.
Reporting Requirements

GAAP

Audited Financials

B.C. captives are required to undergo an independent audit each year and loss reserves must be substantiated by an actuarial certificate.

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