Okla. Stat. tit. 36, § 36-6470.2
This is the official text of Okla. Stat. tit. 36, § 36-6470.2, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Definitions
Official statutory text
As used in the Oklahoma Captive Insurance Company Act:
1. "Alien company" means an insurance company formed and
licensed pursuant to the laws of a country or jurisdiction other
than the United States of America, or any of its states, districts,
commonwealths and possessions;
2. "Affiliated company" means a company in the same corporate
system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management;
3. "Association" means a legal association of individuals,
corporations, partnerships, or associations that has been in
continuous existence for at least one (1) year or such lesser period
of time approved by the Commissioner:
a. the member organizations of which, or which does
itself or either of them acting in concert directly or
indirectly own, control, or hold with power to vote
all of the outstanding voting securities or interests
of, or have complete voting control over an
association captive insurance company, or
b. the member organizations of which collectively
constitute all of the subscribers of an association
captive insurance company formed as a reciprocal
insurer;
4. "Association captive insurance company" means a captive
insurance company that insures risks of the member organizations of
the association and their affiliated companies;
5. "Branch business" means any insurance business transacted by
a branch captive insurance company in this state;
6. "Branch captive insurance company" means an alien captive
insurance company licensed by the Insurance Commissioner to transact
the business of insurance in this state through a business unit with
Oklahoma Statutes - Title 36. Insurance Page 1210
a principal place of business in this state. A branch captive
insurance company must be a pure captive insurance company with
respect to operations in this state, unless otherwise permitted by
the Insurance Commissioner;
7. "Branch operations" means any business operations of a
branch captive insurance company in this state;
8. "Capital and surplus" means the amount by which the value of
all of the assets of the captive insurance company exceeds all of
the liabilities of the captive insurance company, as determined
under the method of accounting utilized by the captive insurance
company in accordance with the applicable provisions of this act;
9. "Captive insurance company" means a pure captive insurance
company, association captive insurance company, sponsored captive
insurance company, special purpose captive insurance company,
industrial insured captive insurance company, branch captive
insurance company, or series captive insurance company formed or
licensed under the Oklahoma Captive Insurance Company Act;
10. "Controlled unaffiliated business" means a company:
a. that is not in the corporate system of a parent and
affiliated companies,
b. that has an existing contractual relationship with a
parent or affiliated company, and
c. whose risks are managed by a pure captive insurance
company in accordance with Section 6470.27 of this
title;
11. "Insurance Commissioner" means the Insurance Commissioner
of this state or designee of the Insurance Commissioner;
12. "Department" means the Insurance Department;
13. "GAAP" means generally accepted accounting principles;
14. "Industrial insured" means an insured:
a. who procures the insurance of any risk or risks by use
of the services of a full-time employee acting as an
insurance manager or buyer,
b. whose aggregate annual premiums for insurance on all
risks total at least Twenty-five Thousand Dollars
($25,000.00), and
c. who has at least twenty-five full-time employees;
15. "Industrial insured captive insurance company" means a
company that insures risks of the industrial insureds that comprise
the industrial insured group and their affiliated companies;
16. "Industrial insured group" means a group of industrial
iums for insurance on all
risks total at least Twenty-five Thousand Dollars
($25,000.00), and
c. who has at least twenty-five full-time employees;
15. "Industrial insured captive insurance company" means a
company that insures risks of the industrial insureds that comprise
the industrial insured group and their affiliated companies;
16. "Industrial insured group" means a group of industrial
insureds that collectively directly or indirectly owns, controls, or
holds with power to vote all of the outstanding voting securities or
other voting interests or has complete control over an industrial
insured captive insurance company;
17. "Member organization" means any individual, corporation,
partnership, or association that belongs to an association;
Oklahoma Statutes - Title 36. Insurance Page 1211
18. "Parent" means any corporation, partnership, or individual
that directly or indirectly owns, controls, or holds with power to
vote more than fifty percent (50%) of the outstanding voting
securities of a pure captive insurance company;
19. "Participant" means an entity as defined in Section 6470.31
of this title, and any affiliates of that entity, that are insured
by a sponsored captive insurance company, where the losses of the
participant are limited through a participant contract to the
participant's pro rata share of the assets of one or more protected
cells identified in the participant contract;
20. "Participant contract" means a contract by which a
sponsored captive insurance company insures the risks of one or more
participants and limits the losses of each participant to its pro
rata share of the assets of one or more protected cells identified
in the participant contract;
21. "Protected cell" means a separate and distinct account
established and maintained by or on behalf of a sponsored captive
insurance company in which assets are accounted for and recorded for
one or more participants in accordance with the terms of one or more
participant contracts to fund the liability of the sponsored captive
insurance company assumed on behalf of the participants as set forth
in the participant contracts;
22. "Pure captive insurance company" means a company that
insures risks of its parent, affiliated companies of its parent, and
any controlled unaffiliated business, or a combination thereof. For
purposes of this paragraph, "controlled unaffiliated business" means
an entity insured by a pure captive insurance company:
a. that is not in the corporate system of a parent and
affiliated companies,
b. that has an existing contractual relationship with a
parent or affiliated company, and
c. whose risks are managed by a pure captive insurance
company;
23. "Reciprocal insurer" has the meaning given that term in
Article 29 of the Oklahoma Insurance Code;
24. "Risk retention group" means a risk retention group formed
pursuant to the Liability Risk Retention Act of 1986 under Section
3901 of Title 15 of the United States Code;
25. "Series" means a series of members, managers, membership
interests or assets under the Oklahoma Limited Liability Company Act
pursuant to Section 2054.4 of Title 18 of the Oklahoma Statutes, or
the corresponding law of another state;
26. "Series captive insurance company" means a series which has
received a certificate of authority pursuant to this act;
27. "Special purpose captive insurance company" means a captive
insurance company that is formed or licensed under the Oklahoma
Captive Insurance Company Act that does not meet the definition of
Oklahoma Statutes - Title 36. Insurance Page 1212
any other type of captive insurance company defined in this section
and is designated as a special purpose captive insurance company by
the Commissioner;
28. "Sponsor" means an entity that meets the requirements of
Section 6470.30 of this title and is approved by the Insurance
Commissioner to provide all or part of the capital and surplus
of
Oklahoma Statutes - Title 36. Insurance Page 1212
any other type of captive insurance company defined in this section
and is designated as a special purpose captive insurance company by
the Commissioner;
28. "Sponsor" means an entity that meets the requirements of
Section 6470.30 of this title and is approved by the Insurance
Commissioner to provide all or part of the capital and surplus
required by applicable law and to organize and operate a sponsored
captive insurance company;
29. "Sponsored captive insurance company" means a captive
insurance company:
a. in which the minimum capital and surplus required by
applicable law is provided by one or more sponsors,
b. that is formed or licensed under the Oklahoma Captive
Insurance Company Act,
c. that insures the risks of its participants only
through separate participant contracts, and
d. that funds its liability to each participant through
one or more protected cells and segregates the assets
of each protected cell from the assets of other
protected cells and from the assets of the sponsored
captive insurance company's general account; and
30. "Workers' compensation insurance" means insurance provided
in satisfaction of an employer's responsibility as set forth in the
Administrative Workers' Compensation Act and the Oklahoma Employee
Injury Benefit Act.
1. "Alien company" means an insurance company formed and
licensed pursuant to the laws of a country or jurisdiction other
than the United States of America, or any of its states, districts,
commonwealths and possessions;
2. "Affiliated company" means a company in the same corporate
system as a parent, an industrial insured, or a member organization
by virtue of common ownership, control, operation, or management;
3. "Association" means a legal association of individuals,
corporations, partnerships, or associations that has been in
continuous existence for at least one (1) year or such lesser period
of time approved by the Commissioner:
a. the member organizations of which, or which does
itself or either of them acting in concert directly or
indirectly own, control, or hold with power to vote
all of the outstanding voting securities or interests
of, or have complete voting control over an
association captive insurance company, or
b. the member organizations of which collectively
constitute all of the subscribers of an association
captive insurance company formed as a reciprocal
insurer;
4. "Association captive insurance company" means a captive
insurance company that insures risks of the member organizations of
the association and their affiliated companies;
5. "Branch business" means any insurance business transacted by
a branch captive insurance company in this state;
6. "Branch captive insurance company" means an alien captive
insurance company licensed by the Insurance Commissioner to transact
the business of insurance in this state through a business unit with
Oklahoma Statutes - Title 36. Insurance Page 1210
a principal place of business in this state. A branch captive
insurance company must be a pure captive insurance company with
respect to operations in this state, unless otherwise permitted by
the Insurance Commissioner;
7. "Branch operations" means any business operations of a
branch captive insurance company in this state;
8. "Capital and surplus" means the amount by which the value of
all of the assets of the captive insurance company exceeds all of
the liabilities of the captive insurance company, as determined
under the method of accounting utilized by the captive insurance
company in accordance with the applicable provisions of this act;
9. "Captive insurance company" means a pure captive insurance
company, association captive insurance company, sponsored captive
insurance company, special purpose captive insurance company,
industrial insured captive insurance company, branch captive
insurance company, or series captive insurance company formed or
licensed under the Oklahoma Captive Insurance Company Act;
10. "Controlled unaffiliated business" means a company:
a. that is not in the corporate system of a parent and
affiliated companies,
b. that has an existing contractual relationship with a
parent or affiliated company, and
c. whose risks are managed by a pure captive insurance
company in accordance with Section 6470.27 of this
title;
11. "Insurance Commissioner" means the Insurance Commissioner
of this state or designee of the Insurance Commissioner;
12. "Department" means the Insurance Department;
13. "GAAP" means generally accepted accounting principles;
14. "Industrial insured" means an insured:
a. who procures the insurance of any risk or risks by use
of the services of a full-time employee acting as an
insurance manager or buyer,
b. whose aggregate annual premiums for insurance on all
risks total at least Twenty-five Thousand Dollars
($25,000.00), and
c. who has at least twenty-five full-time employees;
15. "Industrial insured captive insurance company" means a
company that insures risks of the industrial insureds that comprise
the industrial insured group and their affiliated companies;
16. "Industrial insured group" means a group of industrial
iums for insurance on all
risks total at least Twenty-five Thousand Dollars
($25,000.00), and
c. who has at least twenty-five full-time employees;
15. "Industrial insured captive insurance company" means a
company that insures risks of the industrial insureds that comprise
the industrial insured group and their affiliated companies;
16. "Industrial insured group" means a group of industrial
insureds that collectively directly or indirectly owns, controls, or
holds with power to vote all of the outstanding voting securities or
other voting interests or has complete control over an industrial
insured captive insurance company;
17. "Member organization" means any individual, corporation,
partnership, or association that belongs to an association;
Oklahoma Statutes - Title 36. Insurance Page 1211
18. "Parent" means any corporation, partnership, or individual
that directly or indirectly owns, controls, or holds with power to
vote more than fifty percent (50%) of the outstanding voting
securities of a pure captive insurance company;
19. "Participant" means an entity as defined in Section 6470.31
of this title, and any affiliates of that entity, that are insured
by a sponsored captive insurance company, where the losses of the
participant are limited through a participant contract to the
participant's pro rata share of the assets of one or more protected
cells identified in the participant contract;
20. "Participant contract" means a contract by which a
sponsored captive insurance company insures the risks of one or more
participants and limits the losses of each participant to its pro
rata share of the assets of one or more protected cells identified
in the participant contract;
21. "Protected cell" means a separate and distinct account
established and maintained by or on behalf of a sponsored captive
insurance company in which assets are accounted for and recorded for
one or more participants in accordance with the terms of one or more
participant contracts to fund the liability of the sponsored captive
insurance company assumed on behalf of the participants as set forth
in the participant contracts;
22. "Pure captive insurance company" means a company that
insures risks of its parent, affiliated companies of its parent, and
any controlled unaffiliated business, or a combination thereof. For
purposes of this paragraph, "controlled unaffiliated business" means
an entity insured by a pure captive insurance company:
a. that is not in the corporate system of a parent and
affiliated companies,
b. that has an existing contractual relationship with a
parent or affiliated company, and
c. whose risks are managed by a pure captive insurance
company;
23. "Reciprocal insurer" has the meaning given that term in
Article 29 of the Oklahoma Insurance Code;
24. "Risk retention group" means a risk retention group formed
pursuant to the Liability Risk Retention Act of 1986 under Section
3901 of Title 15 of the United States Code;
25. "Series" means a series of members, managers, membership
interests or assets under the Oklahoma Limited Liability Company Act
pursuant to Section 2054.4 of Title 18 of the Oklahoma Statutes, or
the corresponding law of another state;
26. "Series captive insurance company" means a series which has
received a certificate of authority pursuant to this act;
27. "Special purpose captive insurance company" means a captive
insurance company that is formed or licensed under the Oklahoma
Captive Insurance Company Act that does not meet the definition of
Oklahoma Statutes - Title 36. Insurance Page 1212
any other type of captive insurance company defined in this section
and is designated as a special purpose captive insurance company by
the Commissioner;
28. "Sponsor" means an entity that meets the requirements of
Section 6470.30 of this title and is approved by the Insurance
Commissioner to provide all or part of the capital and surplus
of
Oklahoma Statutes - Title 36. Insurance Page 1212
any other type of captive insurance company defined in this section
and is designated as a special purpose captive insurance company by
the Commissioner;
28. "Sponsor" means an entity that meets the requirements of
Section 6470.30 of this title and is approved by the Insurance
Commissioner to provide all or part of the capital and surplus
required by applicable law and to organize and operate a sponsored
captive insurance company;
29. "Sponsored captive insurance company" means a captive
insurance company:
a. in which the minimum capital and surplus required by
applicable law is provided by one or more sponsors,
b. that is formed or licensed under the Oklahoma Captive
Insurance Company Act,
c. that insures the risks of its participants only
through separate participant contracts, and
d. that funds its liability to each participant through
one or more protected cells and segregates the assets
of each protected cell from the assets of other
protected cells and from the assets of the sponsored
captive insurance company's general account; and
30. "Workers' compensation insurance" means insurance provided
in satisfaction of an employer's responsibility as set forth in the
Administrative Workers' Compensation Act and the Oklahoma Employee
Injury Benefit Act.
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