Fla. Stat. 628.081
Incorporation of domestic insurer


(1)

Five or more individuals, none of whom is less than 18 years of age, may incorporate a stock insurer; 10 or more individuals, none of whom is less than 18 years of age, may incorporate a mutual insurer. At least a majority of the incorporators shall be citizens of the United States.

(2)

The incorporators shall execute articles of incorporation in triplicate. At least three of them shall acknowledge execution before an officer authorized to take acknowledgments.

(3)

The articles of incorporation shall state the purpose for which the corporation is formed and shall state and show:The name of the corporation.The duration of its existence, which may be perpetual.The kinds of insurance which the corporation is formed to transact.If a stock corporation, its authorized capital stock, the number of shares of stock into which divided, and the par value of each such share, which par value shall be at least $1 but not more than $100.If a mutual corporation, the maximum contingent liability of its members, other than as to nonassessable policies, for payment of losses and expenses incurred; such liability shall be as stated in the articles of incorporation but shall not be less than 3 nor more than 10 times the premium for the member’s policy at the annual premium rate for a term of 1 year.The number of directors, not less than five, who shall constitute the board of directors and conduct the affairs of the corporation. The term of office of initial directors shall not be for more than 1 year after the date of incorporation.The name of the county, and the city, town, or place within the county, in which its principal office or principal place of business is to be located in this state.Such other provisions, not inconsistent with law, deemed appropriate by the incorporators.The name and residence address of each incorporator and the citizenship of each incorporator who is not a citizen of the United States.

(a)

The name of the corporation.

(b)

The duration of its existence, which may be perpetual.

(c)

The kinds of insurance which the corporation is formed to transact.

(d)

If a stock corporation, its authorized capital stock, the number of shares of stock into which divided, and the par value of each such share, which par value shall be at least $1 but not more than $100.

(e)

If a mutual corporation, the maximum contingent liability of its members, other than as to nonassessable policies, for payment of losses and expenses incurred; such liability shall be as stated in the articles of incorporation but shall not be less than 3 nor more than 10 times the premium for the member’s policy at the annual premium rate for a term of 1 year.

(f)

The number of directors, not less than five, who shall constitute the board of directors and conduct the affairs of the corporation. The term of office of initial directors shall not be for more than 1 year after the date of incorporation.

(g)

The name of the county, and the city, town, or place within the county, in which its principal office or principal place of business is to be located in this state.

(h)

Such other provisions, not inconsistent with law, deemed appropriate by the incorporators.

(i)

The name and residence address of each incorporator and the citizenship of each incorporator who is not a citizen of the United States.

Source: Section 628.081 — Incorporation of domestic insurer, https://www.­flsenate.­gov/Laws/Statutes/2024/0628.­081 (accessed Aug. 7, 2025).

628.011
Scope of part
628.021
“Stock insurer” defined
628.031
“Mutual insurer” defined
628.041
Applicability of general corporation statutes
628.051
Application for permit to form insurer
628.061
Investigation of proposed organization
628.071
Granting, denial of permit
628.081
Incorporation of domestic insurer
628.091
Filing, approval of articles of incorporation
628.101
Amendment of certificate of incorporation
628.111
Amendment of articles of incorporation
628.121
Capital stock
628.131
Limitation on organization and stock sales expenses
628.151
Insurance business exclusive
628.152
Domestic stock insurers
628.161
Initial qualifications
628.171
Formation of mutual insurer
628.221
Bylaws of mutual insurer
628.231
Directors
628.251
Management and exclusive agency contracts
628.255
Person with effective control cannot receive commission unless contract approved
628.261
Notice of change of director or officer
628.271
Office and records
628.281
Exceptions to requirement that office, records, and assets be maintained in this state
628.291
Unauthorized transactions in other states
628.301
Membership in mutual insurer
628.341
Nonassessable policies
628.351
Nonassessable policies
628.361
Participating policies
628.371
Dividends to stockholders
628.381
Dividends to mutual policyholders
628.391
Illegal dividends
628.401
Borrowed surplus
628.411
Impairment of capital or assets
628.421
Assessment of stockholders or members
628.431
Mutualization of stock insurers
628.441
Converting mutual insurer
628.451
Merger or share exchange of stock insurers and other entities
628.461
Acquisition of controlling stock
628.471
Mergers
628.481
Bulk reinsurance
628.491
Mergers and consolidations
628.501
Mutual member’s share of assets on liquidation
628.511
Ownership or transfer of securities without physical delivery of certificates
628.520
Change of domicile of a foreign insurer
628.525
Change of domicile of a domestic insurer
628.530
Effects of redomestication
628.535
Authority to adopt rules
628.4615
Specialty insurers

Current through Fall 2025

§ 628.081. Incorporation of domestic insurer's source at flsenate​.gov