215 ILCS 5/123C-5
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article VIIC - Domestic Captive Insurance Companies

 (from Ch. 73, par. 735C-5)(Section scheduled to be repealed on January 1, 2027)Sec. 123C-5.     Formation of captive insurance companies  in this State; certificate of authority.A. A pure captive insurance company shall be incorporated  as a stock insurer with its capital divided into shares  and held by the stockholders.B.  An association captive insurance company or an industrial  insured captive insurance company may be incorporated:(1) as a stock insurer with its capital divided into     shares and held by the stockholders; or(2) as a mutual insurer without capital stock, the     governing body of which is elected by the member organizations of its association.C. No stock captive insurance company shall issue any  shares of stock having a par value of less than $1  per share.  The capital stock of a captive insurance  company incorporated as a stock insurer shall be issued  at not less than par value.D. The provisions of subsection (1) of Section 10, subsection (1) of  Section 12, Sections 14, 14.1, 15 (excluding subsections (d) and (e)  thereof), 18, 19, 20 and 21, subsections (3) and (4) of Section 23, and  Section 25 shall apply to the organization of a stock captive insurance  company.E. The provisions of subsection (1) of Section 40, subsections (1) and  (2) of Section 42, Section 44, subsection (a) and (b) of Section 45, and  Sections 48, 49, 50 and 52 shall apply to the organization of a mutual  captive insurance company.F. (1) In order to receive a certificate of authority,  at the same time as the documents referred to in subsections (a), (b) and  (c) of Section 15 (in the case of a stock captive insurance company) or  subsections (a) and (b) of Section 45 (in the case of a mutual captive  insurance company) are delivered to the Director, the incorporators shall  file with the Director any statements or documents required by the  Director, including evidence of the following:(a) the amount and liquidity of its assets relative     to the risks to be assumed;(b) the expertise, experience, character, financial     responsibility, reputation and business qualifications of the officers, directors and persons who will manage it;(c) the overall soundness of its plan of operation     (which shall include (i) the lines of business to be written by the captive insurance company, (ii) the geographic areas in which the captive insurance company is to operate, (iii) the type of policy (occurrence or claims-made) to be offered by the captive insurance company, (iv) the net retention limits and reinsurance program, including whether the captive insurance company intends to assume reinsurance, and (v) in the case of an industrial insured captive insurance company, an investment policy specifying the type of investments to be made by such company and the diversity of such investments);(d) whether major operations functions, such as     underwriting, rating, claims administration, loss prevention programs, accounting and investment of funds, will be handled by the captive insurance company's employees or through contractual arrangements with other parties;(e) the scope of the loss prevention programs of its     parent, member organizations, or industrial insureds, as applicable; and(f) such other factors deemed relevant by the     Director in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations.The Director may deny the incorporators' application  for a certificate of authority if he determines, in  the exercise of his discretion, either that the foregoing  standards have not been satisfied or that the proposed  captive insurance company is being organized for purposes  inimical to the interests of policyholders.(2) If the Director is satisfied, on the basis of  the documents and statements referred to in paragraph (1) of subsection F,  that the captive insurance company meets the criteria  set forth in paragraph (1) of subsection F, and that the captive insurance  company meets all other requirements imposed by this  Article (other than those set forth in Sections 123C-3 and  123C-4), he shall, at the same time as he effects the  filing referred to in Section 18 (or, in the case of  a mutual insurance company, Section 48) and issues the  permit referred to in Section 20 (or, in the case of  a mutual insurance company, Section 50), notify the  captive insurance company in writing of his determination,  which notification shall state that the Director will  issue a certificate of authority upon receipt of evidence  satisfactory to the Director that the company has fully  collected the capital and surplus required by Sections  123C-3 and 123C-4.  Upon receipt of evidence satisfactory  to the Director that the required capital and surplus  have been fully collected by the company, the Director  shall grant a certificate of authority authorizing the  captive insurance company to transact the kind or kinds  of business specified therein.    (Source: P.A. 86-632.)