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YOUR INDUSTRY
RISK ISSUE
MARSH WEB SITES
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 Captives
South Carolina

Marsh Management Services Inc.

Head of Office: Robert L. Johnson, Managing Director
Telephone: 843-577-1030

Sales Coordinators: Robert L. Johnson, Linda Danna, Gavin Foggon

Office Address

151 Meeting Street
Suite 301
Charleston, SC 29401
United States
Telephone: 843-577-1026
Facsimile: 843-577-1027

Mailing Address

Marsh Management Services Inc.
151 Meeting Street
Suite No. 301
Charleston, SC 29401
United States

General Information

Location South Carolina is located in the southeastern United States.
Accessibility Frequent direct air transportation to Charleston, South Carolina is available by direct flight from Atlanta, Charlotte, Chicago, Cincinnati, Dallas, Detroit, Ft. Lauderdale, Houston, New York, Orlando, Philadelphia, Raleigh, Tampa and Washington, D.C.
Applicable Legislation
The South Carolina Code of Laws, Title 38-90
Number of Captives 163 as of 31-Dec-2008
Regulatory Agency South Carolina Department of Insurance, Alternative Risk Transfer Services Division

Regulatory Issues

Acceptable Insurance Subsidiaries Pure, Industrial Insured (including Risk Retention Groups), Special Purpose Captive, Special Purpose Financial Captive, Association, Sponsored and Branch
Acceptable Corporate Forms Stock, Mutual, Reciprocal and Limited Liability Company
Permitted Business All Commercial Lines
Direct Insurance Permitted
Related and "Controlled" Unrelated Risk
Reinsurance Permitted
Related and "Controlled" Unrelated Risk
Policy Form and Rate Approval Not required
Local Office Requirement

Principal Place of Business

One Board of Directors Meeting Annually in South Carolina

One Resident Director

Capitalization & Solvency Requirements

Entity Minimum
Capital
Minimum
Surplus
Total Capitalization
(Cash or Letter of Credit)
Stock
Pure Industrial Insured and RRG's
$100,000
$200,000
$150,000
$300,000
$250,000
$500,000
Association $400,000 $350,000 $750,000
Mutual
Industrial Insured
Association
  $500,000
$750,000
$500,000
$750,000
Reciprocal   $1,000,000 $1,000,000

 

Solvency No formal solvency requirements exist, however a general benchmark is minimum of $1 of surplus for every $3-$5 of net written premium, depending on financial strength of, and risk retained by, the captive. Also, Risk Retention Groups are subject to minimum capitalization of $500,000.

 

Premium Taxes Premium tax on direct premiums Premium tax on reinsurance 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 combined direct and reinsurance premiums)
(subject to a maximum of $100,000 combined direct and 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 combined direct and reinsurance premiums)
(subject to a maximum of $100,000 combined direct and reinsurance premiums)

 

Intercompany Loans Captives may lend funds in excess of the minimum capitalization requirements subject to regulatory approval.
Investment Restrictions Admitted market restrictions apply to Association captives and RRG's. No restrictions for Pure or non-RRG Industrial Insureds.
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 South Carolina State Income tax applies to captive profits.
Reporting Requirements

Pure and Industrial Insured - GAAP Financial Statements, South Carolina Annual Statement

Association and RRG - NAIC Blank

Audited Financials

Certified Loss Reserves

 

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