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Captives
Vermont

Marsh Management Services Inc.

Head of Office: Julie Boucher, CPA

Sales Coordinators: Julie Boucher, CPA; Chris Varin, CPA, CITP, ARM

Office Address

100 Bank Street, Suite 610
Burlington, Vermont
05401
United States
Telephone: (802) 864-5912
Facsimile: (802) 859-3550

Mailing Address

P.O Box 530
Burlington, Vermont 05402-0530
United States

Basic Information

Location Vermont is located in the northeastern United States.
Accessibility Direct air transportation to Burlington, Vermont is available from Atlanta, Boston, Chicago, Cincinnati, Cleveland, Detroit, New York, Newark, Philadelphia and Washington, D.C.
Applicable Legislation The Vermont Special Insurer Act
Number of Captives 839 licensed (557 operational) as of 31-Dec-2008
Regulatory Agency Vermont Department of Banking, Insurance, Securities and Health Care Administration.

Regulatory Issues

Acceptable Licensed Entity Types Pure, Industrial Insured, Risk Retention Group, Association, Sponsored and [ERISA benefits] Branch.

Acceptable Organizational Forms
Stock, Limited Liability Company, Mutual, Non-profit and Reciprocal.
Permitted Business All Commercial Lines and most [fronted] personal 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 Vermont
  • One resident director
  • Approved manager

Capitalization & Solvency Requirements

Entity Minimum
Capital and Surplus
Pure
Industrial Insured
Risk Retention Group
Association
Sponsored
Branch
$250,000
$500,000
$1,000,000
$750,000
$500,000
$250,000

Solvency
No formal solvency requirements exists, however a general benchmark is minimum of $1 of surplus for every $5 of net written premium and premium and surplus sufficient to pay at least one full limit loss for pure captives and two full limit losses for Group.

Premium Taxes

Premium tax on direct premiums

0.380% on first $20 million
0.285% on next $20 million
0.190% on next $20 million
0.072% thereafter

Premium tax on reinsurance premiums

0.214% on first $20 million
0.143% on next $20 million
0.048% on next $20 million
0.024% thereafter

1) Premium taxes are subject to an overriding minimum of $7,500 per year and an overriding maximum of $200,000 per year. 2) Premium for contracts providing direct reimbursement for losses incurred under qualified self-insured workers' compensation programs are taxed at assumed rates.

Intercompany Loans

Pure captives may lend funds in excess of the minimum capitalization requirements ($250,000) subject to regulatory approval. Approval is generally granted only for parents having a minimum of $100 million in equity and an investment grade debt rating. Some rare exceptions are made to these guidelines.
Investment Restrictions Admitted market restrictions apply to Association captives and RRG's unless exception granted. No specific restrictions for Pure or non-RRG Industrial Insured's.
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 Vermont State Income tax applies to captive profits.
Reporting Requirements
  • Pure and Industrial Insured - GAAP Financial Statements, Vermont Annual Statement
  • Association and RRG - NAIC Blank
  • Audited Financials
  • Certified Loss Reserves

 

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