Can a Captive be formed as an "S Corp" or or does it have to be a "disregarded entity"?

This question came in to our Ask the Expert Forum yesterday. This has been asked before, so we decided it would be helpful to include it on our Ask the Expert FAQ page. Captive.com thanks Patrick Theriault from Wilmington Trust for supplying a helpful, complete answer.

Captive Insurance Market News: Best’s Review to Host Webinar Examining The State of the Captive Insurance Market.

"A.M. Best Co., publisher of Best’s Review magazine, will present a webinar titled, “State of the Captive Insurance Market,” on Friday, July 30, from 2:00 p.m. to 3:00 p.m. EDT. Registration for the event is free online at www.ambest.com/captive10..." [To full story]

Captive Ratings Press Release: A.M. Best Revises Outlook to Positive for Dorinco Reinsurance Company.

"A.M. Best Co. has revised the outlook to positive from stable and affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of Dorinco Reinsurance Company (Dorinco) (Midland, MI), which is the captive reinsurance company for The Dow Chemical Company (Dow)..." [To f ull story]

Senate Passes Sweeping Finance Overhaul.

Unelected bureaucrats who are not accountable to the voters will have unprecedented power under the terms of this bill. Republicans Scott Brown, Olympia Snowe and Susan Collins voted yea. Democrat Russ Feingold was the only dissenting Democrat. Feingold voted against the bill believing that it was not strong enough. Unions, special interests happy. Impact on insurance? Captive.com will continue to cover this story as information becomes available.

Member News: Zurich names Rod DeMaso head of Captives & Alternative Risk Transfer Solutions for Programs & Direct Markets. DeMaso to help grow the Captives & Alternative Risk Transfer Solutions strategic business unit.

"Zurich, one of the leading property and casualty insurance providers globally and in North America, announced the appointment of Rod DeMaso as head of Captives & Alternative Risk Transfer Solutions for its Programs & Direct Markets business unit..." [To full story]

Captive.com congratulates Rod and Zurich on this exciting news! We look forward to hearing more about the unit's activities in the coming months. Contact information for Rod and other Zurich captive professionals may be found in their Yellow Pages ad or on the Zurich Data Sheet.

Domicile News: THE BERMUDA MONETARY AUTHORITY MAKES FURTHER PROGRESS ON REGULATORY FRAMEWORK CHANGES IN PREPARATION FOR SOLVENCY II ASSESSMENT. Latest proposals outline Bermuda-specific ORSA regime and enhanced disclosure requirements for largest Bermuda insurers.

"The Bermuda Monetary Authority has reached two key milestones in its work plan to achieve regulatory equivalence with Europe’s Solvency II Directive. It has issued two Consultation Papers that address further enhancements to its regulatory framework for Bermuda’s commercial insurance sector..." [Download Full Story]

Domicile News: Guernsey signs tax agreement with Portugal.

"Guernsey has signed a Tax Information Exchange Agreement (TIEA) with Portugal. It was signed by Guernsey’s Chief Minister Lyndon Trott and the Portuguese Secretary of State for Tax Affairs Professor Sergio Vasques. The ceremony took place on Friday 9th July at the Portuguese Embassy in London where the other Crown Dependencies – Jersey and the Isle of Man – also signed similar agreements..." [To full story].

Captive Ratings News: A.M. Best Upgrades Ratings of The American Road Insurance Company.

"A.M. Best Co. has upgraded the financial strength rating (FSR) to B++ (Good) from B+ (Good) and issuer credit rating (ICR) to “bbb” from “bbb-” of The American Road Insurance Company (TARIC) (Dearborn, MI). The outlook for the FSR has been revised to stable from negative, while the outlook for the ICR has been revised to positive from negative..." [To full story]

Captive Ratings News from A.M. Best:

• A.M. Best Assigns Ratings to Catholic Relief Insurance Company of America
• A.M. Best Affirms Ratings of Iron Horse Insurance Company
• A.M. Best Assigns Ratings to United Contractors Insurance Company Inc., A RRG
• A.M. Best Affirms Ratings of Heddington Insurance Limited

Member News: Munich Re Announces Further Alignment of Specialty Primary Insurance Platform.

"Munich Re announced today its intent to further align its US-based specialty primary insurance operations to create a more robust specialty insurance platform under the leadership of Doug Elliot, President and CEO of Hartford Steam Boiler..." [Download full story]

The July 2010 issue of the Spring View Newsletter, published by Spring Consulting Group, LLC., is now available from the Newsletters page in the captive.com News/Library. This publication is a popular information-rich newsletter offering helpful articles on issues impacting your captive. The July issue supplies more valuable Health Reform information, including these articles:

• Health Reform Update
• Guidance on COBRA
• Grandfathering Provisions Further Defined,
• HHS, DOL and DOT Provide Additional Clarification

Take me to the Newsletters page now...

Member News: Munich Re provides capital markets solution for Massachusetts Property Insurance Underwriting Association - US $96m hurricane catastrophe bonds issued.

"Munich Re has provided the Massachusetts Property Insurance Underwriting Association (MPIUA) a US $96m catastrophe bond issuance that transfers hurricane risk in Massachusetts to the capital markets..." [To full story]

Legislative alert: SIIA Engages NAIC Officials on Conference Call Discussing Application of Medical Loss Ratio Standards.

"SIIA told a group of NAIC officials on a conference call yesterday that stop-loss insurance carriers should not be subject to medical loss ratio (MLR) requirements as established by the recently-passed Patient Protection and Affordable Care Act. While many of the NAIC participants seemed to agree with SIIA's position based on the resulting dialogue, others did not concede the point..." [To full story]

Captive Ratings News: A.M. Best Affirms Ratings of Titan Insurance Company Inc., A RRG.

"A.M. Best Co. has affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of Titan Insurance Company Inc., A RRG (Titan) (Charleston, SC). The outlook for both ratings is stable..." [To full story]

Issue 24, Quarter 2, 2010 of the SRS 180º Captive Newsletter published by Strategic Risk Solutions (SRS) -- a guide to what’s hot in the world of captives and ART -- is waiting for your downloads from the Newsletters page of the captive.com News/Library.

This issue focuses on a timely topic: Group Health Insurance and Captives. The main topic concludes with an article entitled The Impact of Health Care Reform. You will also find Domicile News, SRS News, and Industry Events. Visit the Newsletters page to download this fine publication and many more.

Association Press Release: FERMA RECOGNISED IN AWARDS TO PRESIDENT.

"Peter den Dekker, the President of the Federation of European Risk Management Associations (FERMA), has this week received his second risk manager of the year award in less than one month. The awards recognise his contribution to risk management in Europe as the head of FERMA, a position he has held since June 2009, and as corporate insurance risk manager for the Dutch multinational industrial conglomerate Stork..."

Captive Legislative Update: New Jersey Bill to Regulate Captive Insurers Passes Assembly.

"In an assembly meeting that continued into the hours past midnight, Assembly Bill A2360 to Regulate Captive Insurers passed with amendments. The bill, sponsored by Assemblyman Gary Schaer, Assemblywoman Denise Coyle, and Assemblyman John McKeon, brings New Jersey another step closer to becoming a captive insurance domicile..." [To full story] [PDF version]

Captive Industry News: Aon Expands Captive Consulting Capabilities with Formation of Aon Global Risk Consulting Bermuda. Aon executive Laura Taylor to lead.

"Aon Global Risk Consulting, a leading provider of risk advisory services and part of Aon Corporation (NYSE: AON), today announced the launch of Aon Global Risk Consulting Bermuda, which is part of Aon Insurance Managers (Bermuda) Ltd..." [To full story]

Our congratulations and best wishes for much success to Laura Taylor and Aon!

Captive Regulatory News: South Carolina DOI Memo -- Extension of Registration Date for Captive Risk Retention Groups.

"On June 7, 2010, R.265 (S.1224) (the "Act") became effective upon signature by the Governor. The Act amended South Carolina's captive insurance laws as required by new accreditation standards promulgated by the National Association of Insurance Commissioners to make certain other laws applicable to captive risk retention groups domiciled in South Carolina..." [Download full story]

Regulatory/Legislation News: SIIA Re-igniting RRG Bill in Congress As Financial Reform Bill Takes Shape.

"The Self-Insurance Institute of America, Inc. (SIIA) today reported that its lobbying team has intensified efforts to bring modernization of the Liability Risk Retention Act (LRRA) back to the attention of Congress as the House Financial Services Committee and the Senate Banking Committee wrap up their conference finalizing a bill to revamp the nation’s financial regulatory system..." [Full story ]

Industry Press Release: Appleby Wins "Offshore Law Firm of the Year 2010" at The Lawyer Awards,

"Appleby has been named “Offshore Law Firm of the Year” at The Lawyer Awards held in London on Tuesday 22 June 2010. John Bisson, Chairman of Appleby’s Executive Board collected the award on behalf of the firm at a glittering awards ceremony held at Grosvenor House and attended by over 1000 top international lawyers..." [To full article]

Captive and Reinsurance Industry News: U.S. Risk Names Bill Hodson a Sr. Vice President of GossRe.

"Goss Reinsurance Brokers, Inc., the reinsurance brokerage division of U. S. Risk Insurance Group, Inc. is pleased to announce that William J. Hodson has joined Goss Re as Senior Vice President..." [To full story]

Hot off the presses, Milliman has just added its Spring 2010 Employee Benefits Perspectives Newsletter to its information-rich captive.com website.

This newsletter is an important one, given the regulatory and financial turmoil that continues to impact our industry. The issue includes the following articles that you won't want to miss -- "financial Implications of Health Reform;" "Employer's Guide to 2010 Roth IRA Conversions;" and "Rethinking Investment Policy." Use the "highlights" menu on the right side of Milliman's home page to download this and all their outstanding library resources.

Milliman provides a broad spectrum of services for property and casualty self-insureds and captive insurers that will help you "clarify your alternatives." Visit their website often!

Thursday, July 1, at 1:00 p.m. Eastern Daylight Time is the date for a webinar hosted by Strategic Risk Solutions that anybody new to the captive industry won't want to miss -- Basics of Captives. In this event, Brady Young and Michael O'Mallen will give you the information you will need to identify situations that would be suitable for a captive solution. This webinar is suitable for anyone considering a captive or looking to expand their knowledge of captives. For those familiar with captives this is a good refresher on the fundamentals of setting up and managing a successful captive.

For more information and registration procedures for this webinar, visit the captive.com Learning Center.

Captive Press Release: EWI Risk Services comments on D&O impact of Deepwater Horizon disaster.

"Much of the discussion surrounding the impact of the Deepwater Horizon disaster to the insurance and reinsurance industry has not addressed the potential impact to various management liability coverage’s for the affected companies and, by extension, it’s future impact on capacity for D&O insurance and the quality of coverage available in the next 12-36 months for related E&P oil-services companies..." [Download full story]

Captive Press Release: Terrorism Backstop Review In Light of Budget Woes.

"The U.S. Department of the Treasury is looking at the long-term availability and affordability of the federally funded terrorism risk insurance backstop, as required by law. This backstop has become a safety net ..." [To full story]

Captive Ratings News: A.M. Best Downgrades Jupiter Insurance Limited.

"A.M. Best Co. has downgraded the financial strength rating (FSR) to A (Excellent) from A+ (Superior) and issuer credit rating (ICR) to “a” from “aa-” of Jupiter Insurance Limited (Jupiter) (Guernsey). Jupiter is a captive of BP plc (BP), an integrated oil and gas company. The outlook for both ratings remains negative...." [To full story]

Member Company News: Expanded Admitted Company Capabilities Now offered to Munich Re clients. Affiliates Bring Additional Capabilities.

"As part of a strategy to expand its capabilities for Program Administrators, two additional admitted companies--American Family Home Insurance Company (AFH) and American Southern Home Insurance Company (ASH)--are now available to Program Administrators of the Specialty Markets Division of Munich Reinsurance America, Inc. (Munich Re)..." [To full story]

Captive Ratings News:

• A.M. Best Revises Outlook to Stable of Intrepid Insurance Company
• A.M. Best Upgrades Ratings of C.P.A. Insurance Company

Another conference early-bird deadline has passed, but you shouldn't delay in registering for the 2010 VCIA Conference! Follow this link to register today.

Captive.com wouldn't miss VCIA! We look forward to seeing many of you there to help us eat our 15-year anniversary cake!

Regulatory News: SIIA Rejects New York Task Force Findings Regarding SIGs.

"The Self-Insurance Institute of America, Inc. (SIIA) today denounced the findings of a task force created by the New York state Legislature concluding that all group self-insured workers’ compensation funds (SIGs) operating in the state should be shut down by the end of the year and encouragingt the state to consider industry-backed alternative solutions..." {To full story]

SCCIA's Annual Conference is the premier industry event for those involved in the state's captive insurance industry. Don't miss this once a year educational and networking opportunity.

The conference is scheduled for September 13-15, 2010 in Charleston. Complete conference information can be accessed on-line at www.sccia.org, or by calling 888/267-2296.

Captive Ratings News: A.M. Best Affirms Ratings of Agrinational Insurance Company.

"A.M. Best Co. has affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of Agrinational Insurance Company (Agrinational) (Burlington, VT). The outlook for both ratings is stable..." [To full story]

Thinking about subscribing to the Captive Insurance Company Reports but would like to read a sample issue before you buy? IRMI has just sent us the February 2010 issue in Adobe Acrobat for your complimentary downloads. The lead story in this issue is entitled 2010 Prognostications on Captives. Also found in this issue is a recap of the highlights of the November 2009 World Captive Forum.

CICR highlights and downloads of the current sample issue and the CICR index may be found on the Captive Headlines page in the News/Library and on the the IRMI publications page. If you like what you see, we make it easy for you to order CICR from IRMI on captive.com's secure server!

Association News: Erica Massey Elected Director & President of Self-Insurers' Publishing Corp. [includes photo]

"Self-Insurers' Publishing Corp. (SIPC), publisher of the official monthly journal of the Self-Insurance Institute of America, the nation's oldest industry trade association representing employers, service providers and excess insurers, announced today that Erica Massey has been elected to serve as a director and president of SIPC. Erica succeeds Tom Mather, managing editor. Mather continues as contributing author and industry historian to SIPC and the self-insurance/alternative risk transfer industry..." [To full story]

Captive Ratings News: A.M. Best Affirms Ratings of Transportation Property and Casualty Company
Inc.

"A.M. Best Co. has affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of Transportation Property and Casualty Company Inc. (TPCC) (British Columbia, Canada). The outlook for both ratings is stable..." [To full story]

Association Press Release: Graham and Luzzi become FERMA vice-presidents.

"The board of the Federation of European Risk Management Associations (FERMA) has elected two new vice-presidents at its meeting in Brussels yesterday (Wed). They are former Airmic chairman Julia Graham, Chief Risk Officer of law firm DLA Piper UK, and Jorge Luzzi, Group Risk Management Director of Pirelli Group..." (photos included) [To full story]

Captive Ratings Press Release: A.M. Best Affirms Ratings of Toyota Motor Insurance Company.

"A.M. Best Co. has affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of Toyota Motor Insurance Company (TMIC) (Cedar Rapids, IA). The outlook for both ratings is stable..." [To full story]

DOMICILE NEWS: Long-time Vermont Captive Insurance Regulator Leaving. Peter Raymond Will Be Replaced By Sandy Bigglestone.

" Peter Raymond, a fixture in Vermont’s captive insurance industry for 22 years, has announced his plans to leave his state regulatory position and take a job outside of the captive insurance sector..." [To full story]

DOMICILE NEWS: HAWAII INSURANCE COMMISSIONER J.P. SCHMIDT RESIGNS TO JOIN HONOLULU LAW FIRM.

The State of Arizona just posted a career opportunity for a Financial Analyst in the Insurance Department's Captive Division on the Positions Available pages in the Captive.com Career Opportunities area.

You may also visit the AZ statewide employment website at www.azstatejobs.gov, use the search for jobs option, and then type "adoi" or "captive" in the keywords box to find the listing.

A.M. Best Ratings Updates:

• A.M. Best Revises Outlook to Stable for Elwood Insurance Limited
• A.M. Best Affirms Ratings of Eastern Re Ltd. S.P.C.
• A.M. Best Upgrades Ratings of Eastern Insurance Holdings, Inc. and Its Subsidiaries

Member Press Release: Give Kids The World Village (GKTWV) Charity Receives a 2010 Honda Civic Hybrid as Munich Re Helps Build Strong Communities.

"Munich Re is an active participant in helping to build stronger communities. On June 8th, Munich Re presented a 2010 Honda Civic Hybrid to Give Kids The World Village (GKTWV) at the Public Risk Insurance Management (PRIMA) annual conference in Orlando, FL..." [To full story]

Domicile Press Release from CIMA: 3rd Edition Investments Statistical Digest Shows How Cayman Funds Coped with Financial Crisis.

"Statistics compiled by the Cayman Islands Monetary Authority (CIMA) from over 7,000 funds regulated in the Cayman Islands during 2008—the height of the global financial crisis—provide evidence both of the effects of the crisis, and the industry’s tenacious strength..." [To full story]

Member News: USA RISK GROUP (MALTA) LIMITED -- INSURANCE MANAGEMENT IN MALTA.

"A joint venture between Jatco Insurance Brokers Limited and USA Risk Group (Europe) Limited has seen the setting up of USA Risk Group (Malta) Limited..." [To full story]

Congratulations to our friends at USA Risk Group on their continued growth. We are excited to see our industry expanding in recent months, despite economic malaise elsewhere in the economy.

Important News for European Captives: Last call for captive owners to influence Solvency II.

"The owners of all 500+ European captive insurance companies should participate in the final consultation on the technical implementation of Solvency II to demonstrate the substantial value of captives to European business and why they need specific treatment under the directive..." [Full story, including downloadable version]

Domicile News: Guernsey Funds Forum reassures London market.

"London’s investment community has been reassured that Guernsey is extremely confident of continuing to be a leading funds centre despite current uncertainties, including the EU’s proposed Alternative Investment Fund Managers (AIFM) Directive..." [To full story]

Member News: Atlas Hires Senior VP to head US operations.

"Atlas Insurance Management, a leading independent insurance management and consulting company, today announced the appointment of Paul V. Halter as Senior Vice President of the firm’s U.S. Operations and the opening of an office in Charlotte, North Carolina. Atlas Chairman, Martin Eveleigh said, 'Paul’s appointment is the logical sequel to us managing captives in the US, and our approach of looking at US domiciles for future growth. Paul’s experience makes him the right person to help us expand our US base and I anticipate more hirings shortly...' " [To full story]

Congratulations to all at Atlas Insurance Management on their successful growth!

A.M. Best Ratings News:

• A.M. Best Revises Outlook to Negative for Builders Insurance Group and Its Members.
  
  "A.M. Best Co. has revised the outlook to negative from stable and affirmed the financial strength rating of A- (Excellent) and issuer credit ratings of “a-” of Builders Insurance Group (Builders) and its three pooled members, Builders Insurance (A Mutual Captive Company) and its wholly owned subsidiaries, Association Insurance Company and Vinings Insurance Company (Columbia SC). All companies are domiciled in Atlanta, GA, except where specified..."
  
  
• A.M. Best Revises Outlook to Negative for Jupiter Insurance Limited.
  
  "A.M. Best Co. has revised the outlook to negative from stable and affirmed the financial strength rating of A+ (Superior) and the issuer credit rating of “aa-” of Jupiter Insurance Limited (Jupiter) (Guernsey). Jupiter is a captive of BP plc (BP), an integrated oil and gas company..."

How can you respond to and capitalize on sweeping U.S. health care reform? B&D Consulting's Ed Dougherty and Baker & Daniels' Mike Nader and John Purcell will help answer those questions and many others during the "Beyond Health Care Reform" seminar on Tuesday, June 22, 2010. See the Conference Calendar for more information and links.

• Regulatory News: Crist Vetoes Florida Property Insurance Bill. "Despite the urgings of Florida Insurance Commissioner Kevin McCarty and others, Gov. Charlie Crist has vetoed the state’s omnibus property insurance bill passed at the close of the 2010 legislative session..." [To full article] Captive.com thanks National Underwriter for permission to link to their articles.
• More analysis from the Heartland Institute: Crist Errs in Vetoing Insurance Bill. "Analysts at the Heartland Institute, a free-market think tank, today said Gov. Charlie Crist’s veto of SB 2044 will add a big burden to the state’s taxpayers and consumers..." [To full article]

Domicile/Regulatory News: BERMUDA MONETARY AUTHORITY LAUNCHES PILOT INTERNAL CAPITAL MODEL ASSESSMENTS FOR (RE)INSURERS. Pilot programme is a major milestone that supports Bermuda’s bid for third-country equivalence with global regulators.

"The Bermuda Monetary Authority today announced it has begun conducting a pilot of its internal capital model (ICM) review process with selected Class 4 firms, the largest commercial (re)insurers in the Bermuda market. The ICM framework will allow (re)insurers to use their own internal capital models, once reviewed and approved by the Authority, to determine the amount of regulatory capital that would be required for such companies..." [To full article]

Gary Osborne, chairman for SCCIA's Annual Conference Golf Tournament this year, just sent us some updated information on this year's golf tournament.

Gary reports, "We are very excited that the tournament will be held at RiverTowne Country Club, a favorite of "locals" in the Charleston area. Situated among scenic marshlands and majestic live oaks with 13 holes playing along the Wando River, this scenic 18-hole championship course features exceptional year-round playing conditions with five sets of tees from 5100 to 7200 yards. The course has racked up numerous awards and positive acknowledgements."

Detailed tournament information can be accessed on-line at www.sccia.org, or by calling 888/267-2296.

[Editor's irrelevant and totally useless comment: I really need to learn how to play golf when I grow up...]

Health Care Reform - What's it Mean for Captives? The historic passage of the Health Care Reform Bill has come just as captives are increasingly being used to fund health insurance. What will happen to that trend? Will health care reform make it more attractive to use captives for health insurance, or will it limit their participation?

Strategic Risk Solutions held a webinar on this important topic on May 26th. The event's recording is now available from their website at www.strategicrisks.com/webinars.php.