How to Form a Captive

The process of forming a captive insurance company in Tennessee will generally involve the following steps:

  1. Call or email us to arrange a meeting with the Director of Captive Insurance and staff to discuss the proposed captive and obtain initial reactions from the Department.  
  2. Prepare documents necessary for corporate formation. Submit your formation documents to the Department for approval by the Commissioner. Once approved by the Commissioner, present the documents to the Secretary of State, along with appropriate fees and the Commissioner’s approval letter. Once filed with the Secretary of State, obtain a copy of the formation certification to submit with your application to the Department.
  3. Prepare documents necessary for application  to the Department. Submit one original hard copy and one electronic copy of separate PDF documents of all materials to the Captive Section for review. Include a $675.00 application fee (additional fees may be required pursuant to the statute).
  4. Application materials may be assigned to an outside review firm if deemed necessary by the Commissioner. 
  5. Once your application is approved by the Department, a Certificate of Authority Issuance fee of $440.00 is due.

For further information regarding the captive formation process, please refer to Licensing Information and Rules and Laws.

Other requirements:

  1. Select a Tennessee approved captive management firm, actuary firm, and CPA firm
    (Actuaries and CPAs will be approved individually. Each actuary and CPA must submit a separate application and biographical affidavit.)
  2. If your captive manager is not currently approved, you may ask them to complete the application and biographical affidavit for approval as a captive management firm.
  3. If your actuary is not currently approved, you may ask them to submit the application and biographical affidavit for authorization to render an opinion on reserves. 
  4. If your CPA is not currently approved, you may ask them to submit the application and biographical affidavit for authorization to perform audits.