(a) An entity may not engage in business as a captive insurance company domiciled in this state unless it holds a certificate of authority issued by the department to act as a captive insurance company. A captive insurance company, when permitted by its certificate of formation or governing document, may apply for a certificate of authority under this chapter.
(b) An entity does not qualify for a certificate of authority under this chapter unless:
(1) its affiliates have significant operations in this state, as determined by the commissioner;
(2) its board of directors or governing body holds at least one meeting each year in this state;
(3) it maintains its principal office and books and records in this state, unless the commissioner grants an application to relocate the entity's books and records under Chapter 803; and
(4) it complies with Section 804.101 or 804.102.