CAPTIVE BASIC WORKSHOP Hotel Intercontinental, Singapore September 16-17, 2009 INTRODUCTION TO CAPTIVES Carlos H. Yturzaeta Chairman, Marine Underwriters Association of the Philippines, Inc. (MUAP) PRESENTATION OVERVIEW HISTORY OF CAPTIVES WHAT IS A CAPTIVE TYPES OF CAPTIVE ADVANTAGES/DISADVANTAGES WHO SHOULD CONSIDER A CAPTIVE? SETTING UP A CAPTIVE SELECTION OF DOMICILE MANAGEMENT OF CAPTIVE CONVINCING MANAGEMENT ACKNOWLEDGEMENT HISTORY OF CAPTIVES 1800’s – New England textile formed a captive that became Factory Mutual 1929 – Church Insurance Co., one of the earliest group captives, was formed by the Episcopal Church 1935 – Mahoning Insurance Co., established by Youngstown Sheet & Tube Co. HISTORY OF CAPTIVES 1960’s – About 100 captives were formed. 1970’s - Captives became popular as a vehicle for every large national and multinational companies to insure difficult-toplace risks and to combat “hard market” 1980’s – Captive has grown nearly 300% more than double the commercial market due to liability insurance crisis. HISTORY OF CAPTIVES 2000 – About 5,000 captives worldwide generating US$28 billion. Today, there are close to 5,000 captives in different domiciles all over the world and being one of the biggest sources of capacities* in the RI market with premiums about US$50 billion and assets of about US$250 billion Developing Asian Market for captives. *In some years, Bermuda and other domiciles provided at least 30% capacity. WHAT IS A CAPTIVE? A closely held insurance company whose original purpose is/was to insure its shareholders risks. A closely held insurance company whose insurance business is primarily supplied by and controlled by its owners, and in which the original insureds are the principal beneficiaries. WHAT IS A CAPTIVE? A captive insurance company primarily insures the risk of its owners and sometimes related or affiliated firms and returns underwriting profit and investment income. A captive insurance company’s insureds have direct involvement and influence over the company’s major operations, including underwriting, claims management policy and investments. WHAT IS A CAPTIVE? A captive is a genuine insurance or reinsurance company, owned either by a nonlife insurance company, a group of insureds or others wishing to insure or reinsure primarily the risks of the owners of their affiliates. TYPES OF CAPTIVES Single Parent, i.e. Petron, San Miguel, Smart. Association – Lawyers, Accountants, Engineers, Religious, Other professionals, etc. Industry – Shipping, Oil, P&I, Banking, Telecommunications, Hotels, Pharmaceuticals, etc. Rent-a-captive Protective Cell SINGLE PARENT CAPTIVE Pure ( only writes parent’s, subsidiaries and affiliates’ like Petron’s Overseas Ventures Insurance Corp in Bermuda.) Monitored by Parent (at and from the principal office of the captive owner) Managed by a Domiciled Company (dayto-day administration) normally called Captive Manager. Reinsurance Placement Under a Captive Arrangement PETRON CORPORATION PETROGEN Philippines CAPTIVE/OFFSHORE REINSURER PRINCIPAL/ORIGINAL INSURED LOCAL INSURER/FRONTING COMPANY OVINCOR Bermuda FOREIGN REINSURERS (Europe, Scandinavia, Lloyds) LOCAL AND FOREIGN REINSURERS ADVANTAGES OF A CAPTIVE INSURANCE EXPENSE/COST CENTER TURNED INTO A PROFIT CENTER STABILIZATION OF PRICING VS. FLUCTUATING INSURANCE COSTS CUSTOMIZED INSURANCE COVER (TAILORED FIT INSURANCE PROGRAM) ACCESS TO GLOBAL REINSURANCE MARKETS ADVANTAGES OF A CAPTIVE REDUCED RELIANCE ON COMMERCIAL INSURANCE MARKET. IMPROVED CLAIMS HANDLING & CONTROL OF CLAIMS ADMIN COSTS. REDUCTION FROM BUREAUCRATIC GOVERNMENT REGULATIONS. OPPORTUNITIES FOR OTHER BUSINESS ENDEAVORS. SAVINGS FROM IMMEDIATE TAX ON PROFIT DISADVANTAGES OF A CAPTIVE ADMINISTRATION – Time, Talents & Efforts FINANCIAL – Expertise, investment, profitability DON’T YOU THINK THIS BEAUTIFUL PLACE FAR OUTWEIGHS THE DISADVANTAGES? WHO SHOULD CONSIDER A CAPTIVE? Any organization that spends about US$1 million in insurance premiums and desires to recover* a portion of that thru a risk financing vehicle called, captive. An organization whose insurance cover needs to be tailored fit (special risks). An organization whose insurance program is greatly affected by market cycles (hard market, lack of capacity, etc). *Petron was able to recapture average of 38% or approx. P1 Billion of its insurance premium in the last 12 years. INSURANCE EXPENSE RECOVERED AS SAVINGS PREMIUM RECOVERY/SAVINGS THRU CAPTIVE (in million pesos) 1997 Premium Paid by Petron Net Income (Petrogen) Net Income (OVINCOR) Gen. & Admin. Expenses Savings to Petron Recovery (%) 1998 1999 2000 160.0 174.2 160.5 191.7 21.9 37.5 41.5 68.9 31.9 53.8 38.2 75.7 36.6 78.1 19.8 88.7 9.7 9.4 14.0 19.6 63.5 85.1 92.1 108.3 40% 49% 57% 57% Note: The interest income on premium held and the interest income on the capital invested were not shown as these interests were even out. WHO SHOULD CONSIDER A CAPTIVE? An organization with a good loss record/loss ratio and is proud to share in its own risks, a proof that the company is managed professionally. An organization that invests in a comprehensive Enterprise-wide Risk Management Program and is able to sustain it through a risk finance vehicle called, captive. Who are into Captives in the Philippines *PETRON CORPORATION (Bermuda) Standard Insurance Company (Bermuda) SMART PHILS (Grand Cayman) SAN MIGUEL CORP (Bermuda) ZUELLIG PHARMA CORP (HK) MANILA ELECTRIC COMPANY - 1995 - 1997 - 2000 - 2004 - 2005 - 2007 *Petron’s OVINCOR, Bermuda has started with US$1.5 M. in Nov. 1995. Now it has a Networth of over US$13 Million. Petron’s “controlled” insurer, PETROGEN, a fronting company for OVINCOR started with P100 M in 1996 and has reached a paid up a capital of about P1Billion. From such success story, Saudi Aramco started its captive, STELLAR, Bermuda in 2001 with a capital of US$10 million. It was gathered that Stellar pumped in another US$200 million early 2007 to be able to increase retention and write some more of its subsidiaries and affiliates. SETTING UP A CAPTIVE Feasibility Study & Management Approval Roadshow and get commitment from existing major reinsurers for support. Captive Application (suggested domicile –Asian?) Selection of Captive Manager and other service providers like auditor, corporate secretary, legal counsel, depository bank SELECTION OF DOMICILE REGULATORY ENVIRONMENT REASONABLE CAPITALIZATION PROFESSIONAL SERVICES EFFICENT PROCEDURES TAXATION SELECTION OF DOMICILE LOWER OPERATING COSTS LOCAL LANGUAGE, CURRENCY CUSTOMS ECONOMIC, POLITICAL AND SOCIAL STABILITY STRATEGIC LOCATION AND SELECTION OF DOMICILE TIME ZONE STABLE BUSINESS ENVIRONMENT INFRASTRUCTURE OTHER CONSIDERATION - Telecommunications - Rest & recreation - Golf and Shopping Some Popular Domiciles BERMUDA CAYMAN ISLANDS, BARBADOS USA DOMICILES-VERMONT HONGKONG & SINGAPORE LABUAN, MALAYSIA GUERNSEY, ISLE OF MAN MANAGEMENT OF CAPTIVE CAPTIVE MANAGER – Independent – Working for Parent/Owners – “All-in-one-packaged service” – “One stop shop” SELF MANAGEMENT CONVINCING MANAGEMENT LONG-TERM COMMITMENT WELL-PLANNED IN-HOUSE EXPERTISE IF DECIDED, we, and all other service providers in this basic workshop are committed to serve your needs! CAPTIVE BASIC WORKSHOP Hotel Intercontinental, Singapore September 16-17, 2009 ACKNOWLEDGEMENTS Bermuda Captive Forum, Sponsored by Petron Corporation, Petron Building, Makati City, Philippines, 1997 Guam Captive Forum,, Sponsored by Pacific Risk Managers (Guam), Inc, Tower Club, Makati City, Philippines, May 2004 Captive Forum, Sponsored by Sinser of Sweden at the JW Marriott Hotel, Hongkong, 1998 Asia Pacific Rendezvous, Sponsored by RIRG/Captive Review/Pageant Media of UK at the Marina Mandarin Hotel, Singapore, July 2008 Captive: Alternative Risk Finance Forum, Sponsored by Zurich Financial Services, Inc, J. W. Marriott, Jakarta, Indonesia, November, 2006 Basic Captive Presentation, Sponsored by the Insurance Commission of the Philippines, Manila, June 2008 Captive Insurance Companies Association (CICA) seminars in Arizona, USA, 1994-1995 SPEAKER PROFILE CAPTIVE BASIC WORKSHOP CARLOS H. YTURZAETA Certified Public Accountant (CPA); Bachelor of Science in Commerce, Accounting. Current Involvment: - Lecturer, Insurance Institute of Asia & the Pacific (IIAP Chairman, Marine Underwriters Association of the Philippines, Inc (MUAP) Director, Philippine Register of Shipping, Inc (PRS) Director, Environment & Risk Management, Philippines, Inc. Active Member: Association of Certified Public Accountants in Public Practice (ACPAPP) and Philippine Institute of Certified Public Accountant (PICPA) Consultant/Speaker Trainor on: Enterprise Wide Risk Management/Captive Insurance/ Accounting, Audit and Tax/Property Management/Estate Planning, DMP, Crisis Mgnt, Claims Admin. Systems and Procedures, Emergency Management, Business Continuity Established the first Philippine Captive in Bermuda (Overseas Ventures Insurance Corp.or OVINCOR), a single-parent captive reinsurance company, 1995. Established/Gen. Manager of-the first “controlled” Phil. Insurer (Petrogen Insurance Corporation), a fronting company for OVINCOR, 1996. 25 years in the largest oil & energy conglomerate in the Philippines-mostly in finance, audit & accounting, government reports & compliance, property & records management and risk and insurance management. CAPTIVE BASIC WORKSHOP Hotel Intercontinental, Singapore September 16-17, 2009 Thank You! Enjoy the rest of the day! CARLOS H. YTURZAETA, CPA Chairman, Marine Underwriters Association of the Philippines, Inc (MUAP) Email: < carlos_yturzaeta@yahoo.com.sg > Cellphone/Mobile: +63 917 536 0937