State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-37 > 31a-37-102

31A-37-102. Definitions.
As used in this chapter:
(1) "Affiliated company" means a business entity that because of common ownership,control, operation, or management is in the same corporate system as:
(a) a parent;
(b) an industrial insured; or
(c) a member organization.
(2) "Alien captive insurance company" means an insurer:
(a) formed to write insurance business for a parent or affiliate of the insurer; and
(b) licensed pursuant to the laws of an alien jurisdiction that imposes statutory orregulatory standards:
(i) on a business entity transacting the business of insurance in the alien jurisdiction; and
(ii) in a form acceptable to the commissioner.
(3) "Association" means a legal association of two or more persons that has been incontinuous existence for at least one year if:
(a) the association or its member organizations:
(i) own, control, or hold with power to vote all of the outstanding voting securities of anassociation captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an association captive insurance companyincorporated as a mutual insurer;
(b) the association's member organizations collectively constitute all of the subscribers ofan association captive insurance company formed as a reciprocal insurer; or
(c) the association or its member organizations have complete voting control over anassociation captive insurance company formed as a limited liability company.
(4) "Association captive insurance company" means a business entity that insures risksof:
(a) a member organization of the association;
(b) an affiliate of a member organization of the association; and
(c) the association.
(5) "Branch business" means an insurance business transacted by a branch captiveinsurance company in this state.
(6) "Branch captive insurance company" means an alien captive insurance company thathas a certificate of authority from the commissioner to transact the business of insurance in thisstate through a business unit with a principal place of business in this state.
(7) "Branch operation" means a business operation of a branch captive insurancecompany in this state.
(8) "Captive insurance company" means any of the following formed or holding acertificate of authority under this chapter:
(a) a branch captive insurance company;
(b) a pure captive insurance company;
(c) an association captive insurance company;
(d) a sponsored captive insurance company;
(e) an industrial insured captive insurance company;
(f) a captive reinsurance company;
(g) a special purpose captive insurance company; or

(h) a special purpose financial captive insurance company.
(9) "Captive reinsurance company" means a reinsurer that is:
(a) formed or has a certificate of authority pursuant to this chapter;
(b) wholly owned by a qualifying reinsurer parent company; and
(c) a stock corporation.
(10) "Common ownership and control" means that two or more captive insurancecompanies are owned or controlled by the same person or group of persons as follows:
(a) in the case of a captive insurance company that is a stock corporation, the direct orindirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
(b) in the case of a captive insurance company that is a mutual corporation, the direct orindirect ownership of 80% or more of the surplus and the voting power of the mutualcorporation;
(c) in the case of a captive insurance company that is a limited liability company, thedirect or indirect ownership by the same member or members of 80% or more of the membershipinterests in the limited liability company; or
(d) in the case of a sponsored captive insurance company, a protected cell is a separatecaptive insurance company owned and controlled by the protected cell's participant, only if:
(i) the participant is the only participant with respect to the protected cell; and
(ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored captiveinsurance company through common ownership and control.
(11) "Commissioner" means the Insurance Commissioner or the commissioner'sdesignee.
(12) "Consolidated debt to total capital ratio" means the ratio of Subsection (12)(a) to(b).
(a) This Subsection (12)(a) is an amount equal to the sum of all debts and hybrid capitalinstruments including:
(i) all borrowings from depository institutions;
(ii) all senior debt;
(iii) all subordinated debts;
(iv) all trust preferred shares; and
(v) all other hybrid capital instruments that are not included in the determination ofconsolidated GAAP net worth issued and outstanding.
(b) This Subsection (12)(b) is an amount equal to the sum of:
(i) total capital consisting of all debts and hybrid capital instruments as described inSubsection (12)(a); and
(ii) shareholders' equity determined in accordance with generally accepted accountingprinciples for reporting to the United States Securities and Exchange Commission.
(13) "Consolidated GAAP net worth" means the consolidated shareholders' equitydetermined in accordance with generally accepted accounting principles for reporting to theUnited States Securities and Exchange Commission.
(14) "Controlled unaffiliated business" means a business entity:
(a) (i) in the case of a pure captive insurance company, that is not in the corporate systemof a parent or the parent's affiliate; or
(ii) in the case of an industrial insured captive insurance company, that is not in thecorporate system of an industrial insured or an affiliated company of the industrial insured;

(b) (i) in the case of a pure captive insurance company, that has a contractual relationshipwith a parent or affiliate; or
(ii) in the case of an industrial insured captive insurance company, that has a contractualrelationship with an industrial insured or an affiliated company of the industrial insured; and
(c) whose risks are managed by one of the following in accordance with Subsection31A-37-106(1)(k):
(i) a pure captive insurance company; or
(ii) an industrial insured captive insurance company.
(15) "Department" means the Insurance Department.
(16) "Industrial insured" means an insured:
(a) that produces insurance:
(i) by the services of a full-time employee acting as a risk manager or insurance manager;or
(ii) using the services of a regularly and continuously qualified insurance consultant;
(b) whose aggregate annual premiums for insurance on all risks total at least $25,000;and
(c) that has at least 25 full-time employees.
(17) "Industrial insured captive insurance company" means a business entity that:
(a) insures risks of the industrial insureds that comprise the industrial insured group; and
(b) may insure the risks of:
(i) an affiliated company of an industrial insured; or
(ii) a controlled unaffiliated business of:
(A) an industrial insured; or
(B) an affiliated company of an industrial insured.
(18) "Industrial insured group" means:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of anindustrial insured captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an industrial insured captive insurance companyincorporated as a mutual insurer;
(b) a group that is:
(i) created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. Section3901 et seq., as amended, as a corporation or other limited liability association; and
(ii) taxable under this title as a:
(A) stock corporation; or
(B) mutual insurer; or
(c) a group that has complete voting control over an industrial captive insurancecompany formed as a limited liability company.
(19) "Member organization" means a person that belongs to an association.
(20) "Parent" means a person that directly or indirectly owns, controls, or holds withpower to vote more than 50% of:
(a) the outstanding voting securities of a pure captive insurance company; or
(b) the pure captive insurance company, if the pure captive insurance company is formedas a limited liability company.
(21) "Participant" means an entity that is insured by a sponsored captive insurance

company:
(a) if the losses of the participant are limited through a participant contract to the assetsof a protected cell; and
(b)(i) the entity is permitted to be a participant under Section 31A-37-403; or
(ii) the entity is an affiliate of an entity permitted to be a participant under Section31A-37-403.
(22) "Participant contract" means a contract by which a sponsored captive insurancecompany:
(a) insures the risks of a participant; and
(b) limits the losses of the participant to the assets of a protected cell.
(23) "Protected cell" means a separate account established and maintained by asponsored captive insurance company for one participant.
(24) "Pure captive insurance company" means a business entity that insures risks of aparent or affiliate of the business entity.
(25) "Qualifying reinsurer parent company" means a reinsurer:
(a) authorized to write reinsurance by this state; and
(b) that has:
(i) a consolidated GAAP net worth of not less than $500,000,000; and
(ii) a consolidated debt to total capital ratio not greater than .50.
(26) "Special purpose financial captive insurance company" is as defined in Section31A-37a-102.
(27) "Sponsor" means an entity that:
(a) meets the requirements of Section 31A-37-402; and
(b) is approved by the commissioner to:
(i) provide all or part of the capital and surplus required by applicable law; and
(ii) organize and operate a sponsored captive insurance company.
(28) "Sponsored captive insurance company" means a captive insurance company:
(a) in which the minimum capital and surplus required by applicable law is provided byone or more sponsors;
(b) that is formed or holding a certificate of authority under this chapter;
(c) that insures the risks of a separate participant through the contract; and
(d) that segregates each participant's liability through one or more protected cells.
(29) "Treasury rates" means the United States Treasury strip asked yield as published inthe Wall Street Journal as of a balance sheet date.

Amended by Chapter 302, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-37 > 31a-37-102

31A-37-102. Definitions.
As used in this chapter:
(1) "Affiliated company" means a business entity that because of common ownership,control, operation, or management is in the same corporate system as:
(a) a parent;
(b) an industrial insured; or
(c) a member organization.
(2) "Alien captive insurance company" means an insurer:
(a) formed to write insurance business for a parent or affiliate of the insurer; and
(b) licensed pursuant to the laws of an alien jurisdiction that imposes statutory orregulatory standards:
(i) on a business entity transacting the business of insurance in the alien jurisdiction; and
(ii) in a form acceptable to the commissioner.
(3) "Association" means a legal association of two or more persons that has been incontinuous existence for at least one year if:
(a) the association or its member organizations:
(i) own, control, or hold with power to vote all of the outstanding voting securities of anassociation captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an association captive insurance companyincorporated as a mutual insurer;
(b) the association's member organizations collectively constitute all of the subscribers ofan association captive insurance company formed as a reciprocal insurer; or
(c) the association or its member organizations have complete voting control over anassociation captive insurance company formed as a limited liability company.
(4) "Association captive insurance company" means a business entity that insures risksof:
(a) a member organization of the association;
(b) an affiliate of a member organization of the association; and
(c) the association.
(5) "Branch business" means an insurance business transacted by a branch captiveinsurance company in this state.
(6) "Branch captive insurance company" means an alien captive insurance company thathas a certificate of authority from the commissioner to transact the business of insurance in thisstate through a business unit with a principal place of business in this state.
(7) "Branch operation" means a business operation of a branch captive insurancecompany in this state.
(8) "Captive insurance company" means any of the following formed or holding acertificate of authority under this chapter:
(a) a branch captive insurance company;
(b) a pure captive insurance company;
(c) an association captive insurance company;
(d) a sponsored captive insurance company;
(e) an industrial insured captive insurance company;
(f) a captive reinsurance company;
(g) a special purpose captive insurance company; or

(h) a special purpose financial captive insurance company.
(9) "Captive reinsurance company" means a reinsurer that is:
(a) formed or has a certificate of authority pursuant to this chapter;
(b) wholly owned by a qualifying reinsurer parent company; and
(c) a stock corporation.
(10) "Common ownership and control" means that two or more captive insurancecompanies are owned or controlled by the same person or group of persons as follows:
(a) in the case of a captive insurance company that is a stock corporation, the direct orindirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
(b) in the case of a captive insurance company that is a mutual corporation, the direct orindirect ownership of 80% or more of the surplus and the voting power of the mutualcorporation;
(c) in the case of a captive insurance company that is a limited liability company, thedirect or indirect ownership by the same member or members of 80% or more of the membershipinterests in the limited liability company; or
(d) in the case of a sponsored captive insurance company, a protected cell is a separatecaptive insurance company owned and controlled by the protected cell's participant, only if:
(i) the participant is the only participant with respect to the protected cell; and
(ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored captiveinsurance company through common ownership and control.
(11) "Commissioner" means the Insurance Commissioner or the commissioner'sdesignee.
(12) "Consolidated debt to total capital ratio" means the ratio of Subsection (12)(a) to(b).
(a) This Subsection (12)(a) is an amount equal to the sum of all debts and hybrid capitalinstruments including:
(i) all borrowings from depository institutions;
(ii) all senior debt;
(iii) all subordinated debts;
(iv) all trust preferred shares; and
(v) all other hybrid capital instruments that are not included in the determination ofconsolidated GAAP net worth issued and outstanding.
(b) This Subsection (12)(b) is an amount equal to the sum of:
(i) total capital consisting of all debts and hybrid capital instruments as described inSubsection (12)(a); and
(ii) shareholders' equity determined in accordance with generally accepted accountingprinciples for reporting to the United States Securities and Exchange Commission.
(13) "Consolidated GAAP net worth" means the consolidated shareholders' equitydetermined in accordance with generally accepted accounting principles for reporting to theUnited States Securities and Exchange Commission.
(14) "Controlled unaffiliated business" means a business entity:
(a) (i) in the case of a pure captive insurance company, that is not in the corporate systemof a parent or the parent's affiliate; or
(ii) in the case of an industrial insured captive insurance company, that is not in thecorporate system of an industrial insured or an affiliated company of the industrial insured;

(b) (i) in the case of a pure captive insurance company, that has a contractual relationshipwith a parent or affiliate; or
(ii) in the case of an industrial insured captive insurance company, that has a contractualrelationship with an industrial insured or an affiliated company of the industrial insured; and
(c) whose risks are managed by one of the following in accordance with Subsection31A-37-106(1)(k):
(i) a pure captive insurance company; or
(ii) an industrial insured captive insurance company.
(15) "Department" means the Insurance Department.
(16) "Industrial insured" means an insured:
(a) that produces insurance:
(i) by the services of a full-time employee acting as a risk manager or insurance manager;or
(ii) using the services of a regularly and continuously qualified insurance consultant;
(b) whose aggregate annual premiums for insurance on all risks total at least $25,000;and
(c) that has at least 25 full-time employees.
(17) "Industrial insured captive insurance company" means a business entity that:
(a) insures risks of the industrial insureds that comprise the industrial insured group; and
(b) may insure the risks of:
(i) an affiliated company of an industrial insured; or
(ii) a controlled unaffiliated business of:
(A) an industrial insured; or
(B) an affiliated company of an industrial insured.
(18) "Industrial insured group" means:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of anindustrial insured captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an industrial insured captive insurance companyincorporated as a mutual insurer;
(b) a group that is:
(i) created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. Section3901 et seq., as amended, as a corporation or other limited liability association; and
(ii) taxable under this title as a:
(A) stock corporation; or
(B) mutual insurer; or
(c) a group that has complete voting control over an industrial captive insurancecompany formed as a limited liability company.
(19) "Member organization" means a person that belongs to an association.
(20) "Parent" means a person that directly or indirectly owns, controls, or holds withpower to vote more than 50% of:
(a) the outstanding voting securities of a pure captive insurance company; or
(b) the pure captive insurance company, if the pure captive insurance company is formedas a limited liability company.
(21) "Participant" means an entity that is insured by a sponsored captive insurance

company:
(a) if the losses of the participant are limited through a participant contract to the assetsof a protected cell; and
(b)(i) the entity is permitted to be a participant under Section 31A-37-403; or
(ii) the entity is an affiliate of an entity permitted to be a participant under Section31A-37-403.
(22) "Participant contract" means a contract by which a sponsored captive insurancecompany:
(a) insures the risks of a participant; and
(b) limits the losses of the participant to the assets of a protected cell.
(23) "Protected cell" means a separate account established and maintained by asponsored captive insurance company for one participant.
(24) "Pure captive insurance company" means a business entity that insures risks of aparent or affiliate of the business entity.
(25) "Qualifying reinsurer parent company" means a reinsurer:
(a) authorized to write reinsurance by this state; and
(b) that has:
(i) a consolidated GAAP net worth of not less than $500,000,000; and
(ii) a consolidated debt to total capital ratio not greater than .50.
(26) "Special purpose financial captive insurance company" is as defined in Section31A-37a-102.
(27) "Sponsor" means an entity that:
(a) meets the requirements of Section 31A-37-402; and
(b) is approved by the commissioner to:
(i) provide all or part of the capital and surplus required by applicable law; and
(ii) organize and operate a sponsored captive insurance company.
(28) "Sponsored captive insurance company" means a captive insurance company:
(a) in which the minimum capital and surplus required by applicable law is provided byone or more sponsors;
(b) that is formed or holding a certificate of authority under this chapter;
(c) that insures the risks of a separate participant through the contract; and
(d) that segregates each participant's liability through one or more protected cells.
(29) "Treasury rates" means the United States Treasury strip asked yield as published inthe Wall Street Journal as of a balance sheet date.

Amended by Chapter 302, 2008 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-37 > 31a-37-102

31A-37-102. Definitions.
As used in this chapter:
(1) "Affiliated company" means a business entity that because of common ownership,control, operation, or management is in the same corporate system as:
(a) a parent;
(b) an industrial insured; or
(c) a member organization.
(2) "Alien captive insurance company" means an insurer:
(a) formed to write insurance business for a parent or affiliate of the insurer; and
(b) licensed pursuant to the laws of an alien jurisdiction that imposes statutory orregulatory standards:
(i) on a business entity transacting the business of insurance in the alien jurisdiction; and
(ii) in a form acceptable to the commissioner.
(3) "Association" means a legal association of two or more persons that has been incontinuous existence for at least one year if:
(a) the association or its member organizations:
(i) own, control, or hold with power to vote all of the outstanding voting securities of anassociation captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an association captive insurance companyincorporated as a mutual insurer;
(b) the association's member organizations collectively constitute all of the subscribers ofan association captive insurance company formed as a reciprocal insurer; or
(c) the association or its member organizations have complete voting control over anassociation captive insurance company formed as a limited liability company.
(4) "Association captive insurance company" means a business entity that insures risksof:
(a) a member organization of the association;
(b) an affiliate of a member organization of the association; and
(c) the association.
(5) "Branch business" means an insurance business transacted by a branch captiveinsurance company in this state.
(6) "Branch captive insurance company" means an alien captive insurance company thathas a certificate of authority from the commissioner to transact the business of insurance in thisstate through a business unit with a principal place of business in this state.
(7) "Branch operation" means a business operation of a branch captive insurancecompany in this state.
(8) "Captive insurance company" means any of the following formed or holding acertificate of authority under this chapter:
(a) a branch captive insurance company;
(b) a pure captive insurance company;
(c) an association captive insurance company;
(d) a sponsored captive insurance company;
(e) an industrial insured captive insurance company;
(f) a captive reinsurance company;
(g) a special purpose captive insurance company; or

(h) a special purpose financial captive insurance company.
(9) "Captive reinsurance company" means a reinsurer that is:
(a) formed or has a certificate of authority pursuant to this chapter;
(b) wholly owned by a qualifying reinsurer parent company; and
(c) a stock corporation.
(10) "Common ownership and control" means that two or more captive insurancecompanies are owned or controlled by the same person or group of persons as follows:
(a) in the case of a captive insurance company that is a stock corporation, the direct orindirect ownership of 80% or more of the outstanding voting stock of the stock corporation;
(b) in the case of a captive insurance company that is a mutual corporation, the direct orindirect ownership of 80% or more of the surplus and the voting power of the mutualcorporation;
(c) in the case of a captive insurance company that is a limited liability company, thedirect or indirect ownership by the same member or members of 80% or more of the membershipinterests in the limited liability company; or
(d) in the case of a sponsored captive insurance company, a protected cell is a separatecaptive insurance company owned and controlled by the protected cell's participant, only if:
(i) the participant is the only participant with respect to the protected cell; and
(ii) the participant is the sponsor or is affiliated with the sponsor of the sponsored captiveinsurance company through common ownership and control.
(11) "Commissioner" means the Insurance Commissioner or the commissioner'sdesignee.
(12) "Consolidated debt to total capital ratio" means the ratio of Subsection (12)(a) to(b).
(a) This Subsection (12)(a) is an amount equal to the sum of all debts and hybrid capitalinstruments including:
(i) all borrowings from depository institutions;
(ii) all senior debt;
(iii) all subordinated debts;
(iv) all trust preferred shares; and
(v) all other hybrid capital instruments that are not included in the determination ofconsolidated GAAP net worth issued and outstanding.
(b) This Subsection (12)(b) is an amount equal to the sum of:
(i) total capital consisting of all debts and hybrid capital instruments as described inSubsection (12)(a); and
(ii) shareholders' equity determined in accordance with generally accepted accountingprinciples for reporting to the United States Securities and Exchange Commission.
(13) "Consolidated GAAP net worth" means the consolidated shareholders' equitydetermined in accordance with generally accepted accounting principles for reporting to theUnited States Securities and Exchange Commission.
(14) "Controlled unaffiliated business" means a business entity:
(a) (i) in the case of a pure captive insurance company, that is not in the corporate systemof a parent or the parent's affiliate; or
(ii) in the case of an industrial insured captive insurance company, that is not in thecorporate system of an industrial insured or an affiliated company of the industrial insured;

(b) (i) in the case of a pure captive insurance company, that has a contractual relationshipwith a parent or affiliate; or
(ii) in the case of an industrial insured captive insurance company, that has a contractualrelationship with an industrial insured or an affiliated company of the industrial insured; and
(c) whose risks are managed by one of the following in accordance with Subsection31A-37-106(1)(k):
(i) a pure captive insurance company; or
(ii) an industrial insured captive insurance company.
(15) "Department" means the Insurance Department.
(16) "Industrial insured" means an insured:
(a) that produces insurance:
(i) by the services of a full-time employee acting as a risk manager or insurance manager;or
(ii) using the services of a regularly and continuously qualified insurance consultant;
(b) whose aggregate annual premiums for insurance on all risks total at least $25,000;and
(c) that has at least 25 full-time employees.
(17) "Industrial insured captive insurance company" means a business entity that:
(a) insures risks of the industrial insureds that comprise the industrial insured group; and
(b) may insure the risks of:
(i) an affiliated company of an industrial insured; or
(ii) a controlled unaffiliated business of:
(A) an industrial insured; or
(B) an affiliated company of an industrial insured.
(18) "Industrial insured group" means:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of anindustrial insured captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an industrial insured captive insurance companyincorporated as a mutual insurer;
(b) a group that is:
(i) created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. Section3901 et seq., as amended, as a corporation or other limited liability association; and
(ii) taxable under this title as a:
(A) stock corporation; or
(B) mutual insurer; or
(c) a group that has complete voting control over an industrial captive insurancecompany formed as a limited liability company.
(19) "Member organization" means a person that belongs to an association.
(20) "Parent" means a person that directly or indirectly owns, controls, or holds withpower to vote more than 50% of:
(a) the outstanding voting securities of a pure captive insurance company; or
(b) the pure captive insurance company, if the pure captive insurance company is formedas a limited liability company.
(21) "Participant" means an entity that is insured by a sponsored captive insurance

company:
(a) if the losses of the participant are limited through a participant contract to the assetsof a protected cell; and
(b)(i) the entity is permitted to be a participant under Section 31A-37-403; or
(ii) the entity is an affiliate of an entity permitted to be a participant under Section31A-37-403.
(22) "Participant contract" means a contract by which a sponsored captive insurancecompany:
(a) insures the risks of a participant; and
(b) limits the losses of the participant to the assets of a protected cell.
(23) "Protected cell" means a separate account established and maintained by asponsored captive insurance company for one participant.
(24) "Pure captive insurance company" means a business entity that insures risks of aparent or affiliate of the business entity.
(25) "Qualifying reinsurer parent company" means a reinsurer:
(a) authorized to write reinsurance by this state; and
(b) that has:
(i) a consolidated GAAP net worth of not less than $500,000,000; and
(ii) a consolidated debt to total capital ratio not greater than .50.
(26) "Special purpose financial captive insurance company" is as defined in Section31A-37a-102.
(27) "Sponsor" means an entity that:
(a) meets the requirements of Section 31A-37-402; and
(b) is approved by the commissioner to:
(i) provide all or part of the capital and surplus required by applicable law; and
(ii) organize and operate a sponsored captive insurance company.
(28) "Sponsored captive insurance company" means a captive insurance company:
(a) in which the minimum capital and surplus required by applicable law is provided byone or more sponsors;
(b) that is formed or holding a certificate of authority under this chapter;
(c) that insures the risks of a separate participant through the contract; and
(d) that segregates each participant's liability through one or more protected cells.
(29) "Treasury rates" means the United States Treasury strip asked yield as published inthe Wall Street Journal as of a balance sheet date.

Amended by Chapter 302, 2008 General Session


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