KRS 304.49-080: Examination of captive insurers.

(1) Any insurer holding a certificate of authority issued under this subtitle shall be

subject to provisions of KRS 304.2-210 to 304.2-300 and provisions of Subtitle 2 of

this chapter for determining market conduct and business practices. However, the

commissioner upon application, in his or her discretion, may extend the period

between examinations, provided the captive insurer is subject to a comprehensive

annual audit during that period, of a scope satisfactory to the commissioner, by

independent auditors approved by the commissioner.

(2) The examination for a branch captive insurer shall be of branch business and branch

operations only, as long as the branch captive insurer provides annually to the

commissioner a certificate of compliance, or its equivalent, issued by or filed with

the licensing authority of the jurisdiction in which the branch captive insurer is

formed, and demonstrates to the commissioner's satisfaction that it is operating in

sound financial condition in accordance with all applicable laws and regulations of

that jurisdiction.

(3) As a condition for issuance of a certificate of authority to a branch captive insurer,

the foreign captive insurer shall grant authority to the commissioner for examination

of the affairs of the foreign captive in surer in the jurisdiction in which the foreign

captive insurer is formed.