# Tex. Insurance Code § 964.053: FORMATION

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.053

## Section

- **Citation:** Tex. Insurance Code § 964.053
- **Heading:** FORMATION
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code in / Chapter 964 / Section 964.053

## Text

(a) A captive insurance company, other than a captive exchange, or an attorney in fact must be formed for the purpose of engaging in the business of insurance under this chapter by filing an appropriate application with the secretary of state.

(b) A captive insurance company may be formed and operated in any form of business organization authorized under the Business Organizations Code except a risk retention group or general partnership. A captive insurance company may only be formed as a nonprofit corporation if it is controlled by a nonprofit corporation.

(c) The certificate of formation of a captive insurance company, other than a captive exchange, or an attorney in fact must comply with the applicable requirements of the Business Organizations Code. The name of the company or attorney in fact in the certificate of formation may include the words "insurance," "company," or similar words indicating that the purpose of the company or attorney in fact is to operate as an insurance company or attorney in fact under this chapter.

(d) The board of directors or governing body of a captive insurance company formed in this state must have at least three members, and at least one of the members must be a resident of this state. If the captive insurance company is a captive exchange, the principal office of the attorney in fact must be in this state.

(e) The certificate of formation, bylaws, or governing document of a captive insurance company must authorize a quorum of the board of directors or governing body to consist of not fewer than one-third of the fixed number of directors or members of the governing body.

## Nearby sections

- [Tex. Insurance Code § 964.001 § 964.001. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.001.md)
- [Tex. Insurance Code § 964.002 § 964.002. APPLICABILITY OF OTHER LAWS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.002.md)
- [Tex. Insurance Code § 964.051 § 964.051. AUTHORITY TO WRITE DIRECT BUSINESS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.051.md)
- [Tex. Insurance Code § 964.052 § 964.052. REINSURANCE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.052.md)
- [Tex. Insurance Code § 964.053 § 964.053. FORMATION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.053.md)
- [Tex. Insurance Code § 964.054 § 964.054. RESERVES AND ACCOUNTING BASIS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.054.md)
- [Tex. Insurance Code § 964.055 § 964.055. CERTIFICATE OF AUTHORITY REQUIRED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.055.md)
- [Tex. Insurance Code § 964.056 § 964.056. CAPITAL AND SURPLUS OR EQUIVALENT REQUIREMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.056.md)
- [Tex. Insurance Code § 964.057 § 964.057. APPLICATION FOR CERTIFICATE OF AUTHORITY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.057.md)
- [Tex. Insurance Code § 964.058 § 964.058. EXAMINATION BY COMMISSIONER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.058.md)
- [Tex. Insurance Code § 964.059 § 964.059. ACTION ON APPLICATION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.059.md)
- [Tex. Insurance Code § 964.060 § 964.060. ANNUAL REPORT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.060.md)
- [Tex. Insurance Code § 964.061 § 964.061. INVESTMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.061.md)
- [Tex. Insurance Code § 964.062 § 964.062. AMENDMENTS TO CERTIFICATE OF FORMATION OR GOVERNING DOCUMENT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.062.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Cin_C964_S964.053. Check the current official text before relying on it. Not legal advice.