Office of Insurance and Safety Fire CommissionerJohn F. King
Commissioner
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How to Form a New Captive in the State of Georgia


In order to form a Captive Insurance Company in the State of Georgia, the Captive should follow these steps to incorporate in Georgia and obtain a Certificate of Authority:

  1. Review O.C.G.A. §§ 33-41-1 et seq. and Georgia Regulation 120-2-45 in order to familiarize yourself with the Georgia laws and rules directly related to the regulation of Captives in the State of Georgia.

  2. Contact the Commissioner’s staff in the Captive Insurance Division via email captivedivision@oci.ga.gov in order to discuss the proposed Captive.

  3. Follow the procedures set forth in O.C.G.A. §§ 33-14-4 through 33-14-6 in order to incorporate the Captive in the State of Georgia.

  4. File all required application fees, forms and documents with the Captive Insurance Division as outlined in the application checklist in order to establish a Corporate Charter (Articles of Incorporation) and apply for a Certificate of Authority.

  5. A hard copy of the application package must be submitted to the Department for review via mail or courier to the following:

    STANDARD MAIL
    Georgia Insurance Department
    ATTN: Director, Captive Insurance Division
    P.O. Box 935138
    Atlanta, GA 31193-5138

    OVERNIGHT MAIL OR BY COURIER
    Wells Fargo
    Georgia Insurance Department
    ATTN: Director, Captive Insurance Division
    Lockbox # 935138
    3585 Atlanta Ave
    Hapeville, GA 30354
     

  6. An application package will not be deemed complete and will not be reviewed until the Applicant has submitted all required materials.  While an application is pending, it is the responsibility of the Applicant to keep all required statements, documents, and materials current.

  7. After the application package is deemed complete and the Captive Insurance Division begins its review, the Applicant may be required to submit additional information as deemed appropriate by the Department.

  8. The Department will either approve or disapprove the Applicant's Proposed Articles of Incorporation (Corporate Charter) within 45 days.  If approved, the Department will coordinate with the Georgia Secretary of State's Office regarding the issuance of a Certificate of Incorporation. 
    • PLEASE NOTE: A Certificate of Incorporation issued by the Georgia Secretary of State's Office is not the same as a Certificate of Authority to transact the business of insurance issued by the Department.  The Applicant may NOT transact the business of insurance until it receives a Certificate of Authority from the Department.

  9. The Department will either approve or disapprove the application for a Certificate of Authority within 90 days.  However, if the Department requires additional time for its review, it may extend its initial review period an additional 90 days by notifying the Applicant in writing, pursuant to O.C.G.A. §33-3-15.

  10. If the application is approved, the Commissioner will issue a Certificate of Authority authorizing the Applicant Captive Insurance Company to transact insurance in the State of Georgia.

  11. Here is a quick link to all forms that are required to be submitted when forming a new Captive in the State of Georgia.

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