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Can captives avoid excessive regulation?

Sep 11, 2017
Can captives avoid excessive regulation?
From: Captive International, September 1, 2017

As the captive market has grown and thrived it has also caught the attention of regulators at all levels. This is something of a double-edged sword for a sector that thrives on innovation, argues Robert Myers of law firm Morris, Manning & Martin.

Since their inception offshore in the 1970s, captives have thrived in an encouraging and non-uniform regulatory environment. As the number of domiciles grew offshore and then came onshore, first to Vermont, and later in many other states, the competition among domiciles fostered creative ideas and energy, which benefited all captives.

Of course, the early captives were all single parent, or ‘pure’, captives. Therefore, the regulators did not need to worry about the failure of a captive having widespread effect on third parties.

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NAIC