| (a) Capital and surplus requirements will be determined
by the commissioner under Insurance Code §964.056. In addition
to the factors listed in Insurance Code §964.056, the commissioner
may consider any factor the commissioner deems relevant in making
this determination, including:
(1) net writings to policyholders' surplus ratio;
(2) net reserves to policyholders' surplus ratio; and
(3) net retention of an individual loss per occurrence
as a percentage of policyholders' surplus.
(b) Following the captive insurance company's submission
of the annual report or any material change in the plan of operation,
the commissioner may require increased capital and surplus after considering
factors in Insurance Code §964.056 and this section.
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