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The Barbados Domicile
Key Facts
FACT 1. BARBADOS IS THE MOST FAVORABLE LEGAL AND REGULATORY
ENVIRONMENT FOR “CAPTIVES”
For insurance and reinsurance companies whose beneficial
shareholders are not resident within the Caribbean Community there is:
- No requirement for the company to be owned by its
insureds
- No prohibition against ownership by insurance or reinsurance
companies
- No restrictions on the amount of business that can
be from non-shareholder sources.
- No arbitrary capital requirements based on size
- No unnecessary regulatory compliance requirements
FACT 2. ITS INTERNATIONAL INSURANCE LAWS ARE “STATE
OF THE ART”
Also see: www.barbadosbusiness.gov.bb/miib/Legislation/Acts/investment_acts.cfm
- The Exempt Insurance Act
A captive can be licensed as an Exempt Insurance Company if it insures
risks located outside of Barbados, and only writes premium that originates
outside of Barbados.
- The Insurance Act
Under the Insurance Act, a captive can be licensed as a Qualifying Insurance
Company if no more than 10% of its risks and premiums originate from
within Barbados.
- The Companies Act
Both exempt and qualifying insurance companies are registered under
the Companies Act.
FACT 3. THE COMPANIES ACTS PROVIDE FOR ALL FORMS
OF ORGANIZATION
- Stock companies
- Mutual insurers
- Segregated Cell and Segregated Account companies
- Branch insurers (licensed in Barbados but incorporated
elsewhere)
- Societies with restricted liability (partnerships
or LLCs)
- International Business Corporations
FACT 4. “GEOGRAPHY” IS NOT A FACTOR
- At least one director will be a resident citizen of
Barbados, and the captive appoints a registered agent within Barbados,
uses a licensed manager, and maintains corporate, underwriting and financial
records in Barbados, satisfying the need for domicile presence
- Board meetings can be held by phone, with no requirement
for a Barbados meeting, unless desired to show “mind and management”
in the domicile
- For those visiting, easy flights, superb accommodations
and recreational facilities make Barbados a domicile of choice
Also see: www.bidc.com
FACT 5: IT HAS CAPITAL AND FILING REQUIREMENTS
THAT MAKE SENSE
- Year 1 minimum capital for all types of international
insurers: US$125,000
- Year 2 on, minimum capital if premium written (net
of reinsurance) is less than US$750,000: $125,000
- Year 2 on, minimum capital if net premium is between
US$750,000 and $5,000,000: 20% of net premium.
- If net premium in the preceding year is greater than
US$5,000,000 minimum capital is US$1,000,000 plus 10% of the amount
of premium above US$5mm.
- Capital can be cash or an irrevocable letter of credit
from an approved bank
- Audited financial statements (GAAP basis) must be
filed with the Supervisor
- Long term insurers must file an actuarial certificate
of adequacy of reserves
- Life insurers may establish separate accounts, and
the assets within each account may not satisfy liabilities in another.
- If the liabilities of a general business insurer are
more than 200% of its equity, an actuarial review to determine adequacy
of reserves is required
- The income earned by an exempt insurer, or a Barbados
holding company of an exempt insurer, or a licensed insurance manager,
is not subject to Barbados income tax.
- The application fee is US$250 and annual license
fee is US$2,500
For more information on captives and other opportunities
for international business in Barbados, contact:
Kate Westover
Barbados International Business Representative
E-mail Kate Westover
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