Utah Code 31A-37a-301. Formation
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(1) A special purpose financial captive insurance company may be:
Terms Used In Utah Code 31A-37a-301
- business of insurance: includes :(98)(a) providing health care insurance by an organization that is or is required to be licensed under this title;(98)(b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:(98)(b)(i) by a single employer or by multiple employer groups; or(98)(b)(ii) through one or more trusts, associations, or other entities;(98)(c) providing an annuity:(98)(c)(i) including an annuity issued in return for a gift; and(98)(c)(ii) except an annuity provided by a person specified in Subsections
31A-22-1305 (2) and (3);(98)(d) providing the characteristic services of a motor club;(98)(e) providing another person with insurance;(98)(f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;(98)(g) transacting or proposing to transact any phase of title insurance, including:(98)(g)(i) solicitation;(98)(g)(ii) negotiation preliminary to execution;(98)(g)(iii) execution of a contract of title insurance;(98)(g)(iv) insuring; and(98)(g)(v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;(98)(h) transacting or proposing a life settlement; and(98)(i) doing, or proposing to do, any business in substance equivalent to Subsections (98)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301 - Captive insurance company: means :(21)(a) an insurer:(21)(a)(i) owned by a parent organization; and(21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:(21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and(21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or(21)(b) in the case of a group or association, an insurer:(21)(b)(i) owned by the insureds; and(21)(b)(ii) whose purpose is to insure risks of:(21)(b)(ii)(A) a member organization;(21)(b)(ii)(B) a group member; or(21)(b)(ii)(C) an affiliate of:(21)(b)(ii)(C)(I) a member organization; or(21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
- Insurance: includes :(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
- insurance company: means a person doing an insurance business as a principal including:(104)(a)(i) a fraternal benefit society;(104)(a)(ii) an issuer of a gift annuity other than an annuity specified in Subsections
31A-22-1305 (2) and (3);(104)(a)(iii) a motor club;(104)(a)(iv) an employee welfare plan;(104)(a)(v) a person purporting or intending to do an insurance business as a principal on that person's own account; and(104)(a)(vi) a health maintenance organization. See Utah Code 31A-1-301 - Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
(1)(a) incorporated as a stock insurer with its capital divided into shares and held by its stockholders; or
(1)(b) organized as a manager-managed limited liability company.
(2) A special purpose financial captive insurance company‘s organizational documents shall limit the special purpose financial captive insurance company‘s authority to transact the business of insurance or reinsurance to those activities that the special purpose financial captive insurance company conducts to accomplish its purposes as expressed in this chapter.