Captive Insurance

Capturing Opportunities, Safeguarding Your Business

At Brooks Pierce, we are dedicated to providing comprehensive legal services to businesses seeking to establish, manage, and optimize captive insurance companies and arrangements. At the heart of captive insurance lies its core objectives: risk management, cost savings, and risk financing. Our mission is to guide clients through the complexities of captive insurance with these objectives in mind, helping them understand the potential advantages and structuring options available. With a broad knowledge of the regulatory landscape, including North Carolina’s, and of various captive insurance structures, Brooks Pierce attorneys provide strategic counsel tailored to the unique needs of each client.

Our services include:

• Formation, licensing and operations. We advise clients on the feasibility and structure of companies, assist with the preparation and submission of licensure, and draft formation documents including articles of incorporation, bylaws, and operating agreements. In addition, we can help with the drafting and negotiation of reinsurance and retrocession agreements to help captives manage risks while maximizing opportunities.
• Regulatory compliance. We provide ongoing guidance to ensure compliance with captive insurance regulations, assist with regulatory filings, annual report requirements, and examinations by regulatory authorities, and advise on best practices to mitigate regulatory risks.
• Corporate counsel and governance. We advise clients on corporate governance practices and board responsibilities, draft policies and procedures to promote effective governance structures, and assist with mergers and acquisitions and other corporate transactions involving captive insurance entities.
• Dispute resolution and litigation. We handle disputes arising from captive insurance transactions, IRS disputes, regulatory agency inquiries and contract disagreements including legal analysis, negotiating settlements, and representing clients in mediation, arbitration, Internal Revenue Service (IRS) and litigation proceedings (civil and criminal).

• General business advising. We advise clients on a wide array of business and employment issues that commonly arise when running a business whether the issues are transactional, regulatory, or involve the potential for litigation.

Whether you are considering forming a captive insurance company or require ongoing legal support for your existing captive insurance company, our firm is committed to delivering exceptional service and achieving optimal business outcomes.

How can we help capture opportunities while ensuring the protection of your business?