Delaware

 
Year captive legislation was passed
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Total number of captives as of year-end 2025
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Total new captives in 2025
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Total surrendered licenses in 2025
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Number of individual cells / series as of 2024
335
Types of captives allowed
  • Single parent captives
  • Association captives
  • Group captives
  • Protected cell/segregated portfolio companies
  • Risk retention groups
  • Special purpose captives
  • Special purpose financial captives
Number of full-time employees in captive regulatory department
6
Initial licensing and incorporating fees required by the domicile

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Annual requirements
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Annual fees
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Premium tax rate
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Dividend Distribution for Surplus Allowance
Allowed, for Special Captive Insurance companies must not violate Delaware Law C.161 - 15; can also seek Commissioner approval
Minimum capital (broken out by type of captive)

Minimum Capital & Surplus requirements follow: pure captive, $250,000; agency captive, $250,000; association, $750,000; branch, $250,000; special purpose & special purpose financial group, $250,000; industrial insured, $500,000; sponsored, $500,000, RRG: $1m. Minimum capital & surplus must be maintained in the form of cash, irrevocable letter of credit, or any other assets as approved by the Commissioner. The Commissioner has the discretion to prescribe additional capital & surplus.

Applicable Acts/Enabling Legislation
Chapter 69 of the Delaware Insurance Code
Captive Administrator’s name and contact information
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Speed of licensing
30-45 days
Regulator
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Address and contact information of Regulatory Department
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Website address
http://captive.delawareinsurance.gov/
State domicile association name and website
Delaware Captive Insurance Association, https://www.delawarecaptive.org/