Hawaii
Hawaii has licensed captive insurers since May 1986 under Hawaii Revised Statutes Chapter 431, Article 19, administered by the Insurance Division's Captive Insurance Branch. The Division's fact sheet reported 276 captive companies as of 30 September 2026. Licenses are issued in five classes. The statutory floors for unimpaired capital and surplus are $100,000 for a Class 1 pure captive that reinsures only, $250,000 for a Class 2 pure captive that may write direct insurance, and $500,000 for a Class 3 association or risk retention captive and for a Class 4 sponsored captive. Class 5 reinsurance or excess captives, and the security a branch captive posts in Hawaii, are set by the Insurance Commissioner. Premium tax has no minimum and a $200,000 maximum, and it does not apply to premiums already taxed where the risk is located or to reinsurance premiums assumed by the captive. A dormant captive holding a certificate of dormancy maintains at least $25,000 of capital and surplus and is not subject to that tax.
Quick Facts
Verified 2026-11-06Minimum Capital & Surplus
| Structure Type | Minimum Capital |
|---|---|
| Class 1 | Not less than $100,000. A Class 1 company is a pure captive licensed to write business only as a reinsurer (HRS §§431:19-101 and 431:19-104). |
| Class 2 | Not less than $250,000. A Class 2 company is a pure captive licensed to write direct insurance, or direct insurance and reinsurance. |
| Class 3 | Not less than $500,000. A Class 3 company is an association captive or a risk retention captive. Other provisions of Chapter 431 may require more. |
| Class 4 | Not less than $500,000. A Class 4 company is a sponsored captive. |
| Class 5 | An amount set by the Insurance Commissioner case by case. A Class 5 company is a reinsurance or excess captive licensed under HRS §431:19-111.5. |
| Branch captive | In lieu of the class minimum, the commissioner determines the amount and form of security maintained in Hawaii after considering the risk retained in the state, the outside captive's financial condition, and other security already posted (HRS §431:19-104(c)). |
| Dormant captive | Not less than $25,000 of unimpaired paid-in capital and surplus while a certificate of dormancy is in force (HRS §431:19-117). |
| Commissioner discretion | The commissioner sets each captive's required unimpaired capital and surplus after considering the nature and volume of its business. The class amounts are floors. Capital may be held in cash, an irrevocable letter of credit, public obligations, or another form the commissioner approves. |
Regulatory Framework
Hawaii Revised Statutes Chapter 431, Article 19 (Captive Insurance Companies)
Hawaii Revised Statutes Title 24, Chapter 431, Article 19 (Captive Insurance Companies), including §431:19-101 (classes), §431:19-102 (certificate of authority), §431:19-104 (minimum capital and surplus), §431:19-107 (financial statements), §431:19-108 (examinations), §431:19-116 (taxation), and §431:19-117 (dormant captive insurance companies, added by Act 69, Session Laws of Hawaii 2024). License and application fees are set in Hawaii Administrative Rules §16-17-6.
Tax Environment
Premium tax under HRS §431:19-116 is paid to the director of finance through the commissioner by March 1. On gross premiums for risks resident, situated, or located in Hawaii, and on risks elsewhere on which no premium tax is otherwise paid, less return premiums and less reinsurance accepted, the rates are 0.25% from $0 to $25 million, 0.15% from more than $25 million to $50 million, 0.05% from more than $50 million to $250 million, and 0% above $250 million. There is no minimum tax. The annual maximum aggregate tax is $200,000. The tax is in lieu of other Hawaii state and county taxes except taxes on real property and on the purchase, use, or ownership of tangible personal property. The Insurance Division states the same rule as a tax on the captive's own premiums only, with no tax on premiums already taxed where the underlying risk is located and no tax on reinsurance premiums assumed by the captive. A dormant captive that holds a certificate of dormancy is not subject to the §431:19-116 tax (HRS §431:19-117).
Regulatory & Statistical Profile
bar_chart Captive Market Volume
pie_chart Structure Distribution
checklist Authorized Captive Structures
payments Fees & Solvency Compliance
gavel Regulatory Contact Office
- link cca.hawaii.gov / captive-insurance open_in_new
- link cca.hawaii.gov / 2026-Captive-Insurance-Fact-Sheet_09302... open_in_new
- link cca.hawaii.gov / HAR-16-17-Standard-081719.pdf open_in_new
- link cca.hawaii.gov / 2026-Steps-to-Create-a-Captive.pdf open_in_new
- link capitol.hawaii.gov / HRS_0431-0019-0102.htm open_in_new
- link capitol.hawaii.gov / HRS_0431-0019-0104.htm open_in_new
- link capitol.hawaii.gov / HRS_0431-0019-0107.htm open_in_new
- link capitol.hawaii.gov / HRS_0431-0019-0108.htm open_in_new
- link capitol.hawaii.gov / HRS_0431-0019-0116.htm open_in_new
- link capitol.hawaii.gov / HRS_0431-0019-0117.htm open_in_new
- link hawaiicaptives.com open_in_new
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