Captive Insurance Companies


Re-Broadcast on December 23, 2016

Join myLawCLE for a discussion on Captive Insurance Companies and how they might benefit your clients. Topics covered will include defining the meaning of a captive insurance company, a brief history and overview, various state laws, IRS concerns and pitfalls, which clients are best suited for captives, purposes and tax benefits of captives, asset protection issues, trends in the law and industry, insurance requirements, and the creation and administration of captives. An additional hour of ethics will be included covering professional responsibility aspects present when advising clients on captive insurance companies.

Key topics to be discussed:

  • What is a captive insurance company
  • Benefits of a captive insurance company
  • Asset protection issues
  • Insurance requirements
  • Trends in the law and case studies
  • IRS pitfalls to avoid
  • Establishing a captive insurance company
  • Administration of a captive insurance company
  • Ethical issues present

Date / Time: December 23, 2016

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



MaryAkkermanMary Akkerman, Esq. As a partner in Lindquist & Vennum’s Trusts and Estates practice group, her practice includes all aspects of fiduciary representation, estate planning, and related administrations. She understands the big picture while guiding clients through the details of fiduciary representation, dynasty trusts, domestic asset protection trusts (DAPTs), estate and trust administration, including trust reformations, modifications, decanting, and conversions to total return unitrusts, guardianships and conservatorships, business and tax planning, estate and gift tax planning, tax appeals and related litigation. Mary is also skilled at establishing public and private trust companies in South Dakota.

As one of the state’s most experienced lawyers on South Dakota situs and trust laws, Mary serves as local counsel, providing document review, trust modification, and general advice on selecting South Dakota trust law to lawyers, professional advisors, family offices and charities nationwide. She also has significant experience working with international advisors, attorneys, and clients with respect to cross-border planning, non-resident alien trust formation, and international tax issues.

Mary has experience advising and defending fiduciaries, including trustees, personal representatives, executors, guardians and conservators in routine and complex matters, including tax issues, compliance with state and federal law, litigation, responding to subpoenas and representation for depositions.

Along with corporate and individual fiduciaries and family offices, Mary represents business owners, professionals, retirees, and individuals interested in establishing a South Dakota trust. She is experienced in trust and estate litigation, probate, guardianships and conservatorships, prenuptial agreements, cohabitation agreements and special needs trusts.

Mary attended law school on the Everett Bogue Scholarship. While earning her J.D., she served on the Board of Editors of the South Dakota Law Review.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
CLE 2.00 – AL
CLE 2.00 – AR
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CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
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CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX
CLE 2.00 – UT

N/A – VA
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

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myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. What is a Captive Insurance Company?
a) Brief history and overview

Section II. Benefits of a Captive Insurance Company
a) Tax benefits
b) Non-tax benefits

Section III. How to Identify Clients Who Are Good Candidates for a Captive Insurance Company

Section IV. Which Jurisdiction Should be Used?

Section V. Asset Protection Issues

Section VI. Insurance Requirements

Section VII. Trends in the Law and Case Studies

Section VIII. IRS Pitfalls to Avoid

Section IX. Establishing a Captive Insurance Company

Section X. Administration of a Captive Insurance Company

Section XI. Ethical Issues Present
a) Who is the client
b) Representing multiple parties in a transaction
c) Confidentiality and attorney-client privilege
d) Conflicts of interest and conflict waivers
e) Mutli-jurisdicitional issues; need for local counsel
f) Asset protection issues
g) Declining or terminating representation