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YOUR INDUSTRY
RISK ISSUE
MARSH WEB SITES
 Printable Version
Captives
New York

Marsh USA Inc.

Head of Office: Nisala Weerasooriya
Sales Coordinator: Arthur Koritzinsky

Office and Mailing Address

300 Broadhollow Rd.
Suite 201
Melville, NY 11747
Telephone: (631) 425-3207
Facsimile: (631) 425-3260

Basic Information

Location New York is located in the northeastern United States
Accessibility New York is accessible on frequent flights from numerous global locales
Applicable Legislation
1997 New York Laws, Chapter 389, Article 70
Number of Captives 50 as of 31-Dec-2008
Regulatory Agency Superintendent of Insurance, New York Department of Insurance

Regulatory Issues

Acceptable Insurance Subsidiaries Pure and Group Captives
Acceptable Corporate Forms Stock or Mutual
Permitted Business Direct and Reinsurance
Direct Insurance Permitted Related and "Controlled" Unrelated Risk with approval of Superintendent.
Reinsurance Permitted Related and "Controlled" Unrelated risks. Third party not exceeding 50% of Gross Written Premium with approval of Superintendent.
Policy Form and Rate Approval Not required
Local Office Requirement Principal office in New York
Annual Directors meeting in New York
Minimum of three Directors
2/3 of Directors must be New York residents
Use of local manager required

Capitalization & Solvency Requirements

  Minimum
Capital
Minimum
Surplus

Total Capitalization
(Cash or Letter of Credit)

Stock

Pure
Group



$100,000
$200,000



$150,000
$300,000



$250,000
$500,000

Mutual

Pure
Group

 



$250,000
$500,000



$250,000
$500,000

Solvency Margin

Typically $1 Capital to $5 Premium ratio for Property coverages; $1 Capital to $4 Premium for Casualty coverages. The parent (owner) of a New York captive must have a minimum net worth of $100 million.
Local Office Requirement

Principal office in New York
Annual Directors meeting in New York
Minimum of three Directors
2 Directors must be New York residents

Use of local manager required

Premium Taxes Annual Assessment (Sec.332 of New York Insurance Law) - based upon direct premiums for risks located in New York only (non-New York & reinsurance premiums are not used in calculating the assessment). The estimated rate for 2005 is approximately .25% of New York direct premiums written.

Premium tax on direct premiums

0.400% on first $20 million
0.300% on next $20 million
0.200% on next $20 million
0.075% thereafter
(subject to a minimum of $5,000)

Premium tax on reinsurance premiums

0.225% on first $20 million
0.150% on next $20 million
0.050% on next $20 million
0.025% thereafter
(subject to a minimum of $5,000)

Intercompany Loans
The captive may lend funds in excess of the minimum capitalization requirements subject to regulatory approval.
Investment Restrictions None, unless solvency is threatened
Taxation Income generated by the captive will be subject to the federal tax rate of the captive parent (assuming the parent is U.S. based); otherwise, the captive income will initially be subject to the US federal rate and consolidated at the rate of the foreign parent. No New York State Income tax applies to captive profits.
Reporting Requirements New York Annual Report
Audited GAAP Financials (before 7/1)

 


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