Formation of captive insurer.
1. A pure captive insurer, an agency captive insurer or a rental captive insurer shall be incorporated as a stock insurer.
2. An association captive insurer shall be formed as a:
(a) Stock insurer;
(b) Mutual insurer; or
(c) Reciprocal insurer, except that its attorney-in-fact must be a corporation incorporated in this state.
3. A captive insurer shall have not less than three incorporators, at least two of whom must be residents of this state.
4. Before the articles of incorporation of a captive insurer may be filed with the Secretary of State, the Commissioner must approve the articles of incorporation. In determining whether to grant such approval, the Commissioner shall consider:
(a) The character, reputation, financial standing and purposes of the incorporators;
(b) The character, reputation, financial responsibility, experience relating to insurance and business qualifications of the officers and directors of the captive insurer;
(c) The competence of any person who, pursuant to a contract with the captive insurer, will manage the affairs of the captive insurer;
(d) The competence, reputation and experience of the legal counsel of the captive insurer relating to the regulation of insurance;
(e) If the captive insurer is a rental captive insurer, the competence, reputation and experience of the underwriter of the captive insurer;
(f) The business plan of the captive insurer; and
(g) Such other aspects of the captive insurer as the Commissioner deems advisable.
5. The capital stock of a captive insurer incorporated as a stock insurer must be issued at not less than par value.
6. At least one member of the board of directors of a captive insurer or of its attorney-in-fact must be a resident of this state.
7. A captive insurer formed pursuant to the provisions of this chapter has the privileges of, and is subject to, the provisions of general corporation law set forth in chapter 78 of NRS as well as the applicable provisions contained in this chapter. If the provisions of this chapter conflict with the general provisions in chapter 78 of NRS governing corporations, the provisions of this chapter control. The provisions of chapter 693A of NRS relating to mergers, consolidations, conversions, mutualizations and transfers of domicile to this state apply to determine the procedures to be followed by captive insurers in carrying out any of those transactions in accordance with this chapter.
8. The articles of association, articles of incorporation, charter or bylaws of a captive insurer must require that a quorum of the board of directors consists of not less than one-third of the number of directors prescribed by the articles of association, articles of incorporation, charter or bylaws.
Last modified: February 27, 2006