LCO 4519 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-R01- SB.docx 1 of 17 General Assembly Raised Bill No. 908 January Session, 2019 LCO No. 4519 Referred to Committee on INSURANCE AND REAL ESTATE Introduced by: (INS) AN ACT AUTHORIZING FOREIGN BRANCH CAPTIV E INSURANCE COMPANIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 38a-91aa of the general statutes is repealed and 1 the following is substituted in lieu thereof (Effective July 1, 2019): 2 As used in sections 38a-91aa to 38a-91tt, inclusive, as amended by 3 this act, and sections 38a-91ww and 38a-91xx: 4 (1) "Affiliated company" means any company in the same corporate 5 system as a parent, an industrial insured or a member organization by 6 virtue of common ownership, control, operation or management. 7 (2) "Agency captive insurance company" means a captive insurance 8 company that: 9 (A) Is owned or directly or indirectly controlled by one or more 10 insurance agents or insurance producers licensed in accordance with 11 sections 38a-702a to 38a-702r, inclusive; 12 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 2 of 17 (B) Only insures against risks covered by insurance policies sold, 13 solicited or negotiated through the insurance agents or insurance 14 producers that own or control such captive insurance company; and 15 (C) Does not insure against risks covered by any health insurance 16 policy or plan. 17 (3) "Alien captive insurance company" means any insurance 18 company formed to write insurance business for its parent and 19 affiliated companies and licensed pursuant to the laws of an alien 20 jurisdiction that imposes statutory or regulatory standards on 21 companies transacting the business of insurance in such jurisdiction 22 that the commissioner deems to be acceptable. 23 (4) "Association" means any legal association of individuals, 24 corporations, limited liability companies, partnerships, associations or 25 other entities that has been in continuous existence for at least one 26 year, where the association itself or some or all of the member 27 organizations: 28 (A) Directly or indirectly own, control or hold with power to vote all 29 of the outstanding voting securities or other voting interests of an 30 association captive insurance company incorporated as a stock insurer; 31 (B) Have complete voting control over an association captive 32 insurance company incorporated as a mutual corporation or formed as 33 a limited liability company; or 34 (C) Constitute all of the subscribers of an association captive 35 insurance company formed as a reciprocal insurer. 36 (5) "Association captive insurance company" means any company 37 that insures risks of the member organizations of an association, and 38 includes a company that also insures risks of such member 39 organizations' affiliated companies or of the association. 40 (6) "Branch business" means any insurance business transacted in 41 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 3 of 17 this state by a branch captive insurance company. 42 (7) "Branch captive insurance company" means any alien captive 43 insurance company licensed by the commissioner to transact the 44 business of insurance in this state through a business unit with a 45 principal place of business in this state. 46 (8) "Branch operations" means any business operations in this state 47 of a branch captive insurance company. 48 (9) "Captive insurance company" means any (A) pure captive 49 insurance company, agency captive insurance company, association 50 captive insurance company, industrial insured captive insurance 51 company, risk retention group, sponsored captive insurance company 52 or special purpose financial captive insurance company that is 53 domiciled in this state and formed or licensed under the provisions of 54 sections 38a-91aa to 38a-91tt, inclusive, [or] as amended by this act, (B) 55 branch captive insurance company, or (C) foreign branch captive 56 insurance company. 57 (10) "Ceding insurer" means an insurance company, approved by 58 the commissioner and licensed or otherwise authorized to transact the 59 business of insurance or reinsurance in its state or country of domicile, 60 that cedes risk to a special purpose financial captive insurance 61 company pursuant to a reinsurance contract. 62 (11) "Commissioner" means the Insurance Commissioner. 63 (12) "Controlled unaffiliated business" means any person: 64 (A) Who, (i) in the case of a pure captive insurance company, is not 65 in the corporate system of a parent and the parent's affiliated 66 companies, or (ii) in the case of an industrial insured captive insurance 67 company, is not in the corporate system of an industrial insured and 68 the industrial insured's affiliated companies; 69 (B) Who, (i) in the case of a pure captive insurance company, has an 70 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 4 of 17 existing contractual relationship with a parent or one of the parent's 71 affiliated companies, or (ii) in the case of an industrial insured captive 72 insurance company, has an existing contractual relationship with an 73 industrial insured or one of the industrial insured's affiliated 74 companies; and 75 (C) Whose risks are managed by a pure captive insurance company 76 or an industrial insured captive insurance company, as applicable, in 77 accordance with section 38a-91qq. 78 (13) "Excess workers' compensation insurance" means, in the case of 79 an employer that has insured or self-insured its workers' compensation 80 risks in accordance with applicable state or federal law, insurance in 81 excess of a specified per-incident or aggregate limit established by the 82 commissioner. 83 (14) "Foreign branch business" means any insurance business 84 transacted in this state by a foreign branch captive insurance company. 85 (15) "Foreign branch captive insurance company" means any alien 86 captive insurance company that is (A) licensed by the commissioner to 87 transact foreign branch business in this state through a business unit 88 with a principal place of business in this state, and (B) not otherwise 89 licensed by the commissioner to transact the business of insurance in 90 this state. 91 (16) "Foreign branch operations" means any business operations in 92 this state of a foreign branch captive insurance company. 93 [(14)] (17) "Incorporated protected cell" means a protected cell that is 94 established as a corporation or a limited liability company, separate 95 from the sponsored captive insurance company with which it has 96 entered into a participant contract. 97 [(15)] (18) "Industrial insured" means an insured: 98 (A) Who procures the insurance of any risk or risks by use of the 99 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 5 of 17 services of a full-time employee acting as an insurance manager or 100 buyer; 101 (B) Whose aggregate annual premiums for insurance on all risks 102 total at least twenty-five thousand dollars; and 103 (C) Who has at least twenty-five full-time employees. 104 [(16)] (19) "Industrial insured captive insurance company" means 105 any company that insures risks of the industrial insureds that comprise 106 an industrial insured group, and includes a company that also insures 107 risks of such industrial insureds' affiliated companies. 108 [(17)] (20) "Industrial insured group" means any group of industrial 109 insureds that collectively: 110 (A) Directly or indirectly own, control or hold with power to vote all 111 of the outstanding voting securities or other voting interests of an 112 industrial insured captive insurance company incorporated as a stock 113 insurer; 114 (B) Have complete voting control over an industrial insured captive 115 insurance company incorporated as a mutual corporation or formed as 116 a limited liability company; or 117 (C) Constitute all of the subscribers of an industrial insured captive 118 insurance company formed as a reciprocal insurer. 119 [(18)] (21) "Insurance securitization" or "securitization" means a 120 transaction or a group of related transactions, which may include 121 capital market offerings, that are effected through related risk transfer 122 instruments and facilitating administrative agreements, in which all or 123 part of the result of such transaction is used to fund a special purpose 124 financial captive insurance company's obligations under a reinsurance 125 contract with a ceding insurer and by which: 126 (A) A special purpose financial captive insurance company directly 127 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 6 of 17 or indirectly obtains proceeds through the issuance of securities by 128 such company or any other person; or 129 (B) A person provides, for the benefit of a special purpose financial 130 captive insurance company, one or more letters of credit or other assets 131 that the commissioner has authorized such company to treat as 132 admitted assets for purposes of its annual report. "Insurance 133 securitization" or "securitization" does not include the issuance of a 134 letter of credit for the benefit of the commissioner to satisfy all or part 135 of a special purpose financial captive insurance company's capital and 136 surplus requirements under section 38a-91dd, as amended by this act. 137 [(19)] (22) "Member organization" means any individual, 138 corporation, limited liability company, partnership, association or 139 other entity that belongs to an association. 140 [(20)] (23) "Mutual corporation" means a corporation organized 141 without stockholders and includes a nonprofit corporation with 142 members. 143 [(21)] (24) "Parent" means any individual, corporation, limited 144 liability company, partnership or other entity that directly or indirectly 145 owns, controls or holds with power to vote more than fifty per cent of 146 the outstanding voting: 147 (A) Securities of a pure captive insurance company organized as a 148 stock insurer; or 149 (B) Membership interests of a pure captive insurance company 150 organized as a nonprofit corporation or as a limited liability company. 151 [(22)] (25) "Participant" means any association, corporation, limited 152 liability company, partnership, trust or other entity, and any affiliated 153 company thereof, that is insured by a sponsored captive insurance 154 company pursuant to a participant contract. 155 [(23)] (26) "Participant contract" means a contract entered into by a 156 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 7 of 17 sponsored captive insurance company and a participant by which the 157 sponsored captive insurance company insures the risks of the 158 participant and limits the losses of each such participant to its pro rata 159 share of the assets of one or more protected cells identified in such 160 participant contract. 161 [(24)] (27) "Protected cell" means a separate account established by a 162 sponsored captive insurance company, in which assets are maintained 163 for one or more participants in accordance with the terms of one or 164 more participant contracts to fund the liability of the sponsored 165 captive insurance company assumed on behalf of such participants as 166 set forth in such participant contracts. 167 [(25)] (28) "Pure captive insurance company" means any company 168 that insures risks of its parent and affiliated companies or controlled 169 unaffiliated business. 170 [(26)] (29) "Reinsurance contract" means a contract entered into by a 171 special purpose financial captive insurance company and a ceding 172 insurer by which the special purpose financial captive insurance 173 company agrees to provide reinsurance to the ceding insurer for risks 174 associated with the ceding insurer's insurance or reinsurance business. 175 [(27)] (30) "Risk retention group" means a captive insurance 176 company organized under the laws of this state pursuant to the federal 177 Liability Risk Retention Act of 1986, 15 USC 3901 et seq., as amended 178 from time to time, as a stock insurer or mutual corporation, a 179 reciprocal or other limited liability entity. 180 [(28)] (31) "Security" has the same meaning as provided in section 181 36b-3 and includes any form of debt obligation, equity, surplus 182 certificate, surplus note, funding agreement, derivative or other 183 financial instrument that the commissioner designates as a security for 184 purposes of sections 38a-91aa to 38a-91tt, inclusive, as amended by this 185 act. 186 [(29)] (32) "Special purpose financial captive insurance company" 187 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 8 of 17 means a company that is licensed by the commissioner in accordance 188 with section 38a-91bb, as amended by this act. 189 [(30)] (33) "Special purpose financial captive insurance company 190 security" means a security issued by (A) a special purpose financial 191 captive insurance company, or (B) a third party, the proceeds of which 192 are obtained directly or indirectly by a special purpose financial 193 captive insurance company. 194 [(31)] (34) "Sponsor" means any association, corporation, limited 195 liability company, partnership, trust or other entity that is approved by 196 the commissioner to organize and operate a sponsored captive 197 insurance company and to provide all or part of the required 198 unimpaired paid-in capital and surplus. 199 [(32)] (35) "Sponsored captive insurance company" means a captive 200 insurance company: 201 (A) In which the minimum required unimpaired paid-in capital and 202 surplus are provided by one or more sponsors; 203 (B) That insures risks of its participants only through separate 204 participant contracts; and 205 (C) That funds its liability to each participant through one or more 206 protected cells and segregates the assets of each protected cell from the 207 assets of other protected cells and from the assets of the sponsored 208 captive insurance company's general account. 209 [(33)] (36) "Surplus note" means an unsecured subordinated debt 210 obligation possessing characteristics consistent with the National 211 Association of Insurance Commissioners Statement of Statutory 212 Accounting Principles No. 41, as amended from time to time, and as 213 modified or supplemented by the commissioner. 214 Sec. 2. Subsection (e) of section 38a-91bb of the general statutes is 215 repealed and the following is substituted in lieu thereof (Effective July 216 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 9 of 17 1, 2019): 217 (e) (1) If the commissioner finds that the documents and statements 218 that a captive insurance company, other than a special purpose 219 financial captive insurance company, has filed comply with the 220 provisions of sections 38a-91aa to 38a-91tt, inclusive, as amended by 221 this act, the commissioner may grant a license authorizing the 222 company to do insurance business in this state until April first 223 thereafter. The captive insurance company may apply to renew such 224 license on such forms as the commissioner prescribes. 225 (2) (A) The commissioner may grant a license authorizing a special 226 purpose financial captive insurance company to do reinsurance 227 business in this state until April first thereafter upon the 228 commissioner's finding that (i) the proposed plan of operation 229 provides for a reasonable and expected successful operation, (ii) the 230 terms of the reinsurance contract and related transactions comply with 231 sections 38a-91aa to 38a-91tt, inclusive, as amended by this act, (iii) the 232 proposed plan of operation is not hazardous to any ceding insurer, and 233 (iv) the insurance regulator of the state of domicile of each ceding 234 insurer has notified the commissioner in writing or has otherwise 235 provided assurance satisfactory to the commissioner that such 236 regulator has approved or has not disapproved the transaction, 237 provided the commissioner shall not be precluded from issuing a 238 license to a special purpose financial captive insurance company if 239 such regulator has not responded with respect to all or any part of the 240 transaction. 241 (B) In conjunction with granting such license, the commissioner may 242 issue an order to the special purpose financial captive insurance 243 company of any additional provisions, terms or conditions regarding 244 the organization, licensing or operation of such company that are not 245 inconsistent with the provisions of this chapter and are deemed 246 appropriate by the commissioner. 247 (3) The commissioner shall not grant a license to a branch captive 248 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 10 of 17 insurance company unless the alien captive insurance company grants 249 the commissioner authority to examine the alien captive insurance 250 company in the jurisdiction in which the alien captive insurance 251 company is formed. 252 (4) The commissioner shall not grant a license to a foreign branch 253 captive insurance company unless the foreign branch captive 254 insurance company or alien captive insurance company grants the 255 commissioner authority to examine the affairs of such foreign branch 256 captive insurance company or alien captive insurance company in the 257 jurisdiction in which such foreign branch captive insurance company 258 or alien captive insurance company was formed, operates or maintains 259 books and records. 260 Sec. 3. Section 38a-91dd of the general statutes is repealed and the 261 following is substituted in lieu thereof (Effective July 1, 2019): 262 (a) (1) The [Insurance Commissioner] commissioner shall not issue a 263 license to a captive insurance company or allow the company to retain 264 such license unless the company has and maintains unimpaired paid-265 in capital and surplus of: 266 (A) In the case of a pure captive insurance company, not less than 267 two hundred fifty thousand dollars; 268 (B) In the case of an association captive insurance company, not less 269 than five hundred thousand dollars; 270 (C) In the case of an industrial insured captive insurance company, 271 not less than five hundred thousand dollars; 272 (D) In the case of a risk retention group, not less than one million 273 dollars; 274 (E) In the case of a sponsored captive insurance company, not less 275 than two hundred twenty-five thousand dollars; 276 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 11 of 17 (F) In the case of a special purpose financial captive insurance 277 company, not less than two hundred fifty thousand dollars; 278 (G) In the case of a sponsored captive insurance company licensed 279 as a special purpose financial captive insurance company, not less than 280 five hundred thousand dollars; and 281 (H) In the case of an agency captive insurance company, not less 282 than five hundred thousand dollars. 283 (2) (A) The [Insurance Commissioner] commissioner shall not issue 284 a license to a branch captive insurance company or allow the company 285 to retain such license unless the company has and maintains, as 286 security for the payment of liabilities attributable to the branch 287 operations: 288 (i) Not less than two hundred fifty thousand dollars; and 289 (ii) Reserves on such insurance policies or such reinsurance 290 contracts as may be issued or assumed by the branch captive insurance 291 company through its branch operations, including reserves for losses, 292 allocated loss adjustment expenses, incurred but not reported losses 293 and unearned premiums with regard to business written through the 294 branch operations. The commissioner may permit a branch captive 295 insurance company to credit against any such reserves any security for 296 loss reserves that the branch captive insurance company posts with a 297 ceding insurer or is posted by a reinsurer with the branch captive 298 insurance company, so long as such security remains posted. 299 (B) The amounts required under subparagraph (A) of this 300 subdivision may be held, with the prior approval of the commissioner, 301 in the form of (i) a trust formed under a trust agreement and funded 302 by assets acceptable to the commissioner, (ii) an irrevocable letter of 303 credit issued or confirmed by a bank approved by the commissioner, 304 (iii) with respect to the amount required under subparagraph (A)(i) of 305 this subdivision only, cash on deposit with the commissioner, or (iv) 306 any combination thereof. 307 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 12 of 17 (3) (A) The commissioner shall not issue a license to a foreign 308 branch captive insurance company or allow the company to retain 309 such license unless the company has and maintains, as security for the 310 payment of liabilities attributable to the foreign branch operations: 311 (i) Not less than two hundred fifty thousand dollars; and 312 (ii) Reserves on such insurance policies or such reinsurance 313 contracts as may be issued or assumed by the foreign branch captive 314 insurance company through its foreign branch operations, including 315 reserves for losses, allocated loss adjustment expenses, incurred but 316 not reported losses and unearned premiums with regard to business 317 written through the foreign branch operations. The commissioner may 318 permit a foreign branch captive insurance company to credit against 319 any such reserves any assets belonging to (I) the company that are held 320 in trust for, or otherwise segregated or controlled by, a ceding insurer 321 that secure the reinsurance obligations of such company to the ceding 322 insurer, or (II) a reinsurer that are held in trust for, or otherwise under 323 the control of, the company and secure the reinsurance obligations of 324 the reinsurer to such company. 325 (B) The amounts required under subparagraph (A) of this 326 subdivision may be held, with the prior approval of the commissioner, 327 in the form of (i) a trust formed under a trust agreement and funded 328 by assets acceptable to the commissioner, (ii) an irrevocable letter of 329 credit issued or confirmed by a bank approved by the commissioner, 330 or (iii) any combination thereof. 331 (C) The commissioner may exempt a foreign branch captive 332 insurance company from the requirements established in this 333 subdivision, provided the commissioner determines, in the 334 commissioner's discretion, that the company is financially stable. 335 (b) The commissioner may adopt regulations, in accordance with 336 chapter 54, to establish additional capital and surplus requirements 337 based upon the type, volume and nature of insurance business 338 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 13 of 17 transacted. 339 (c) Notwithstanding any other provision of this section, the 340 commissioner shall have the discretion to allow a captive insurance 341 company, other than a captive insurance company organized as a risk 342 retention group, to maintain less than the required unimpaired paid-in 343 capital and surplus set forth in subsection (a) of this section. The 344 commissioner shall consider the type, volume and nature of the 345 insurance or reinsurance business transacted by such a captive 346 insurance company in establishing the amount of unimpaired paid-in 347 capital and surplus the company is required to maintain. 348 (d) Except as specified in [subdivision (2)] subdivisions (2) and (3) of 349 subsection (a) of this section, capital and surplus may be in the form of 350 cash or an irrevocable letter of credit issued by a bank approved by the 351 commissioner. 352 Sec. 4. Subsection (e) of section 38a-91ff of the general statutes is 353 repealed and the following is substituted in lieu thereof (Effective July 354 1, 2019): 355 (e) (1) No branch captive insurance company shall do any insurance 356 business in this state unless it maintains a principal place of business 357 for its branch operations in this state. 358 (2) No foreign branch captive insurance company shall do any 359 insurance business in this state unless it operates through a business 360 unit that maintains a principal place of business for such company's 361 foreign branch operations in this state. 362 Sec. 5. Subdivision (1) of subsection (b) of section 38a-91gg of the 363 general statutes is repealed and the following is substituted in lieu 364 thereof (Effective July 1, 2019): 365 (b) (1) (A) Prior to March first of each year and, in the case of pure 366 captive insurance companies and industrial insured captive insurance 367 companies, prior to March fifteenth of each year, each captive 368 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 14 of 17 insurance company, other than a branch captive insurance company or 369 a foreign branch captive insurance company that is required to submit 370 reports or statements in the foreign branch captive insurance 371 company's domiciliary jurisdiction, shall submit to the [Insurance 372 Commissioner] commissioner a report of its financial condition 373 verified by oath of two of its executive officers. The commissioner shall 374 establish the form and content of the annual report to be filed by 375 special purpose captive insurance companies. 376 (B) In the case of branch captive insurance companies, prior to 377 March first of each year, each such company shall submit to the 378 commissioner a copy of all reports and statements required to be filed 379 under the laws of the jurisdiction in which the alien captive insurance 380 company is formed. Such reports and statements shall be verified by 381 oath of two of its executive officers. If the commissioner is satisfied 382 that the annual report filed by the alien captive insurance company in 383 its domiciliary jurisdiction provides adequate information concerning 384 the financial condition of the alien captive insurance company, the 385 commissioner may waive the requirement for completion of the 386 captive annual statement for business written in the alien jurisdiction. 387 (C) In the case of a foreign branch captive insurance company that is 388 required to submit reports and statements in its domiciliary 389 jurisdiction, the company shall submit to the commissioner a copy of 390 all reports and statements required to be filed under the laws of its 391 domiciliary jurisdiction or the domiciliary jurisdiction of the alien 392 captive insurance company. Such reports and statements shall be 393 verified by oath of two of the executive officers of such foreign branch 394 captive insurance company, and be submitted to the commissioner on 395 the same day that such reports and statements are filed with the 396 domiciliary jurisdiction of such foreign branch captive insurance 397 company or alien captive insurance company. If the commissioner is 398 not satisfied that the annual report filed by the foreign branch captive 399 insurance company or alien captive insurance company in the 400 domiciliary jurisdiction of such foreign branch captive insurance 401 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 15 of 17 company or alien captive insurance company provides adequate 402 information concerning the financial condition of such foreign branch 403 captive insurance company, such foreign branch captive insurance 404 company shall, at a time prescribed by the commissioner, submit to the 405 commissioner a report, in a form and manner prescribed by the 406 commissioner, that provides the commissioner with adequate 407 information concerning the financial condition of such foreign branch 408 captive insurance company. 409 Sec. 6. Subsection (a) of section 38a-91hh of the general statutes is 410 repealed and the following is substituted in lieu thereof (Effective July 411 1, 2019): 412 (a) (1) At least once every three years, and additionally whenever 413 the Insurance Commissioner determines it to be prudent, the 414 commissioner or the commissioner's designee shall visit each captive 415 insurance company and thoroughly inspect and examine its affairs to 416 ascertain its financial condition, its ability to fulfill its obligations and 417 whether it has complied with the provisions of sections 38a-91aa to 418 38a-91tt, inclusive, as amended by this act, and any applicable 419 provisions of this title. The commissioner may extend the three-year 420 period to five years, provided a captive insurance company is subject 421 to a comprehensive annual audit during such period by independent 422 auditors approved by the commissioner and of a scope satisfactory to 423 the commissioner. 424 (2) The examination of a branch captive insurance company 425 pursuant to this section shall be of branch business and branch 426 operations only, as long as the branch captive insurance company 427 provides annually to the commissioner a certificate of compliance or its 428 equivalent, issued by or filed with the licensing authority of the 429 jurisdiction in which the branch captive insurance company is formed, 430 and demonstrates to the commissioner's satisfaction that it is operating 431 in sound financial condition in accordance with all applicable laws and 432 regulations of such jurisdiction. 433 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 16 of 17 (3) The examination of a foreign branch captive insurance company 434 pursuant to this section shall be of foreign branch business and foreign 435 branch operations only, as long as the foreign branch captive insurance 436 company provides annually to the commissioner a certificate of 437 compliance or its equivalent, issued by or filed with the domiciliary 438 jurisdiction of the foreign branch captive insurance company or alien 439 captive insurance company, and demonstrates to the commissioner's 440 satisfaction that such foreign branch captive insurance company is 441 operating in sound financial condition in accordance with all 442 applicable laws and regulations of such jurisdiction. 443 Sec. 7. Subdivision (1) of subsection (c) of section 38a-91nn of the 444 general statutes is repealed and the following is substituted in lieu 445 thereof (Effective July 1, 2019): 446 (c) (1) The annual minimum aggregate tax to be paid by a captive 447 insurance company, other than a sponsored captive insurance 448 company, calculated under subsection (a) of this section shall be seven 449 thousand five hundred dollars, and the annual maximum aggregate 450 tax calculated under subsections (a) and (b) of this section shall be two 451 hundred thousand dollars. In the case of a branch captive insurance 452 company, the annual aggregate tax to be paid by such company shall 453 apply only to the branch business of such company. In the case of a 454 foreign branch captive insurance company, the annual aggregate tax to 455 be paid by such company shall apply only to the foreign branch 456 business of such company. 457 Sec. 8. Subparagraph (A) of subdivision (2) of subsection (g) of 458 section 38a-91ss of the general statutes is repealed and the following is 459 substituted in lieu thereof (Effective July 1, 2019): 460 (A) Proceeds from a special purpose financial captive insurance 461 company securitization or letters of credit or other assets described in 462 subdivision [(18)] (21) of section 38a-91aa, as amended by this act; 463 Raised Bill No. 908 LCO 4519 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908- R01-SB.docx } 17 of 17 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2019 38a-91aa Sec. 2 July 1, 2019 38a-91bb(e) Sec. 3 July 1, 2019 38a-91dd Sec. 4 July 1, 2019 38a-91ff(e) Sec. 5 July 1, 2019 38a-91gg(b)(1) Sec. 6 July 1, 2019 38a-91hh(a) Sec. 7 July 1, 2019 38a-91nn(c)(1) Sec. 8 July 1, 2019 38a-91ss(g)(2)(A) INS Joint Favorable