Captive Insurance under our law
Under Cypriot law a Captive Insurance Company is called an “Affiliated Insurance Company” (AIC) that pertains to “the business of an insurance company which is registered in Cyprus and whose business of insurance is restricted to risks originating with shareholders or connected undertakings or entities.”
Own Funds
One-third of the required margin of solvency comprises the guarantee fund, provided that:
- The guarantee fund shall not be less than the minimum guarantee fund, whether the required margin of solvency is greater or less than the amount.
- In case of long term business, items that are not implicit shall be at least large enough to cover either the minimum guarantee fund or 50% of the guarantee fund, whichever is the greater.
The elements which make up the own funds are composed of:
- Paid up share capital which must be not less than 50% of the value of the own funds requirement;
- A combination of issued and unpaid share capital, preferential share capital and subordinated loans, retained profits and reserves.
- Equalisation Reserves
Subject to cases of exemptions, AICs which carry on general business of a prescribed nature need to maintain an equalisation reserve. Nevertheless, an affiliated company carrying on reinsurance business may still elect to hold an equalisation reserve if its business is less than the other thresholds, since technical provisions and equalisation reserves are allowed as a reduction in the calculation of taxable income.
Financial Statements
AICs are permitted to draw up accounts in abridged form. They are exempted from publishing accounts in local newspapers, subject to the condition that any person may apply for a copy of the audited financial statements of the company at a reasonable fee.
Protected Cell Companies
An AIC may be registered as or converted into a Protected Cell Company, thus allowing for, amongst other things, segregation and protection of cellular assets from other assets of the company; creation and issue of cell shares; transfer of cellular assets to other persons, and extension of protected cell assets to transferee; use of non-cellular assets as a secondary asset base where cellular assets are exhausted.
The transfer of cellular assets is subject to approval by the Cyprus Financial Services Authority (MFSA), which is the independent public authority involved in licensing, regulation and supervision of insurance companies and intermediaries, including AICs.
AICs Registered in Cyprus to Date:
- Ergon Insurance Limited
- Falcon Insurance Limited
- Nautilius Indemnity (Europe) Limited
- Rhenas Insurance Limited
Procedures & Fees
An application for authorisation by an affiliated company is processed within a statutory period of three months.
The fees applicable to AICs are as follows:
- Application for authorisation c. € 1,250
- Acceptance of Application c. € 1,250
- Continuance of authorisation c. € 2,500 annually
Insurance Management Companies
Companies carrying on affiliated insurance may employ the services of an insurance management company. According to the Insurance Business Act, the Insurance Manager is a person authorised to complete activities that consist of accepting an appointment from a company to manage any part of its business or to perform managerial functions, or to be responsible for maintaining accounts or other records of such company.
Presently there are 8 Insurance Management Companies located in Cyprus that can provide you with such services:
- Alternative Risk Management (Cyprus) Ltd
- Aon Insurance Managers (Cyprus) Ltd
- Ark Insurance Management (Cyprus) Ltd
- Heath Lambert Insurance Management (Cyprus) Ltd
- HSBC Insurance Management (Cyprus) Ltd
- International Insurance Management Services Ltd
- Marsh Management Services Cyprus Ltd
- United Insurance Management Ltd
Taxation
Corporate Taxation
The effective rate of Taxation for an AIC registered as an International Trading Companies is 4.17%.
An AIC is taxable at the normal company rate of tax which presently is 35%. However, if such a company underwrites risks situated outside Cyprus, it is able to operate the foreign income account and non-resident shareholders may benefit from the refund of tax on distributions from this account. In respect of income allocated to the foreign income account it is possible to claim, at company level a flat rate of foreign tax credit which produces an effective rate of 18.75%. Pursuant to a dividend distribution, non-resident shareholders may claim back two thirds of the tax paid by the company in respect to the profits out of which the dividend was paid.
Other Tax Benefits:
- Technical provisions and equalisation reserves may be deducted from the calculation of taxable income;
- Double tax relieves – such as the 44 double taxation treaties presently in force in Cyprus and the flat rate foreign tax credit;
- Duty is not chargeable under the Duty on Documents and Transfers Act in relation to any contract of insurance pertaining to a risk situated outside Cyprus;
- Captive management services are non-rated for VAT purposes.