Delaware first established its captive legislation in 1984. The legislation was updated and substantially re-written in 2005 aiming to enhance Delaware’s attractiveness as a captive domicile. Agency and branch captive structures were added to the Law in 2010. Since 2005 Delaware has grown steadily as a domicile. At the end of 2014, Delaware had 333 active captives and over six hundred active captive series business units.

Minimum capital and surplus

Single parent captive $250,000
Group captive – industrial
Association captive $750,000
Risk Retention Group $1,000,000
Sponsored or leased capital captive $500,000
Special purpose captive $250,000
Premium to surplus requirements 5-to-1, varies with business plan

Key Features of Legislation

Delaware combines a strong captive legislation and regulatory infrastructure with business friendly corporate laws and environment. Delaware was the first state to allow the formation of serial limited liability companies. This structure has been used by captives to create a unique segregated cell structure.


Delaware has traditionally been the preeminent jurisdiction for business.  The state is using its history as a business friendly domicile to build its position as a captive domicile. Delaware’s government has historically been sensitive and responsive to business needs. The domicile is also supported by a service infrastructure which has been providing services to a range of entities in Delaware for years.

SRS Presence

SRS became an approved captive manager in 2009 and formed its first captive at the start of 2010.