Section 21.09.200. Annual statement; audited financial report.

   (a) Each authorized insurer shall annually, before March 2, file with the director or the director's designee a full and true statement of its financial condition, transactions, and affairs as of the preceding December 31. The reporting format for a given year is the most recently approved National Association of Insurance Commissioners' annual financial statement blank form and instructions, supplemented for additional information as required by the director. The director may require the statement to be filed on electronic media. The statement shall be verified by the oath of the insurer's president or vice-president, and secretary, or, if a reciprocal insurer, by oath of the attorney-in-fact or its like officers if a corporation unless verification is waived by the director of insurance. The filing locations must be published by the director at least annually.
   (b) The statement of an alien insurer shall relate only to its transactions and affairs in the United States unless the director requires otherwise.  If the director requires a statement concerning an alien insurer's affairs throughout the world, the insurer shall file the statement with the director as soon as is reasonably possible.  The statement shall be verified by the insurer's United States manager or other authorized officer.
   (c) The director may refuse to accept a fee for continuance of the insurer's certificate of authority, as provided in AS 21.09.130, or may suspend or revoke the certificate of authority of an insurer failing to file its annual statement when due.
   (d) At the time of filing, the insurer shall pay to the director a fee for filing its statement, set under AS 21.06.250. The method of payment must be by electronic or other payment method specified by the director by regulation under AS 21.06.250.
   (e) An insurer shall pay to the division $100 for each day the insurer fails to file a statement or report in the form and location required and within the time established in this section. The authority of the insurer to enter into new obligations or issue new or renewal policies of insurance in this state may be suspended by the director if a statement or report required by this section has not been filed by the due date.
   (f) In addition to the requirements of (a) of this section, an authorized insurer shall file its annual statement with the National Association of Insurance Commissioners on electronic media acceptable to the association by the due date established by the association and shall pay the applicable filing fee. The director may waive the filing requirement if the insurer only transacts business in this state and only accepts risks relative to a subject resident, located, or to be performed in this state. An insurer that fails to comply with this subsection is subject to the penalties specified in (e) of this section, calculated from the filing and fee due date established by the National Association of Insurance Commissioners.
   (g) An insurer shall file with the director or the director's designee an annual audited financial report for the previous year by June 1 of each year unless, under a regulation adopted by the director, the director grants an exemption based on a finding that filing an annual audited financial report would constitute a financial or organizational hardship on the insurer. The filing date for the annual audited financial report may be extended by the director upon showing that the standards established by regulation have been met. If the director gives the insurer 90 days' advance notice, and for good cause, the director may require an insurer to file an audited financial report earlier than June 1 of each year. The annual audited financial report must be prepared by a qualified independent certified public accountant. An insurer shall notify the director of the certified public accountant engaged to conduct the audit and issue the annual audited financial report.
   (h) Within 60 days after filing the annual audited financial report under (g) of this section, the insurer shall file a written report on any unremediated material weakness in internal control over financial reporting noted during the audit.
   (i) The director may adopt regulations that require the insurer to file a report from management describing internal control over financial reporting. An insurer shall file the report on internal control by the date specified by the director.
   (j) If the director requires the submission of additional information, the insurer shall supplement the reports required by (h) and (i) of this section by the date specified by the director. The reports on internal control filed with the director under (h) and (i) of this section are confidential and subject to the provisions of AS 21.06.060.
   (k) In accordance with regulations adopted by the director, an insurer shall designate an audit committee to engage a qualified independent certified public accountant to conduct the annual audit. The audit committee shall oversee services performed by the certified public accountant. If an insurer does not designate an audit committee, the entire governing board of the insurer is considered to be the audit committee for purposes of this subsection.
   (l) The certified public accountant conducting the annual audit required by (g) of this section shall notify the governing board of the insurer or the audit committee in writing of a determination by the certified public accountant that the insurer has materially misstated its financial condition as reported to the director or that the insurer does not meet the minimum capital requirements and surplus requirements of this title as of the date of the balance sheet currently under audit. An insurer that has received a report under this subsection shall forward a copy to the director. The certified public accountant shall also forward the report to the director unless the insurer provides evidence satisfactory to the certified public accountant that the report has been forwarded to the director.

Authorities

21.09.135;21.09.310;21.14.200;21.36.060;21.66.080;21.69.390;21.72.120;21.75.130;21.84.335;21.86.080

Notes

Implemented As

3 AAC 21.485
3 AAC 21.490
3 AAC 21.665
3 AAC 21.705
3 AAC 21.710
3 AAC 21.715
3 AAC 21.720
3 AAC 21.725
3 AAC 21.730
3 AAC 21.735
3 AAC 21.740
3 AAC 21.745
3 AAC 21.750
3 AAC 21.755
3 AAC 21.760
3 AAC 21.765
3 AAC 21.770
3 AAC 21.775
3 AAC 21.799
3 AAC 21.830
3 AAC 21.845
3 AAC 31.050
3 AAC 31.230
3 AAC 31.900

References

3 AAC 21.206
3 AAC 21.320
3 AAC 21.399
3 AAC 21.460
3 AAC 21.485
3 AAC 21.490
3 AAC 21.665
3 AAC 21.705
3 AAC 21.710
3 AAC 21.725
3 AAC 21.735
3 AAC 21.740
3 AAC 21.750
3 AAC 21.765
3 AAC 21.770
3 AAC 21.775
3 AAC 21.845
3 AAC 21.865
3 AAC 31.230
3 AAC 31.900
AS 21.09.135 Voluntary surrender of certificate of authority.
AS 21.09.310 Authorization of United States branches of alien insurers and general requirements.
AS 21.14.200 Definitions.
AS 21.36.060 False or misleading financial statements.
AS 21.66.080 Annual statement.
AS 21.69.390 Home office and records.
AS 21.72.120 Annual statement.
AS 21.75.130 Annual statement.
AS 21.84.335 Applicability of other code provisions.
AS 21.86.080 Annual statement; additional reports.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 1 ch 149 SLA 1984; am Sec. 7 ch 26 SLA 1985; am Sec. 17, 18 ch 50 SLA 1990; am Sec. 12 ch 62 SLA 1995; am Sec. 9 - 11 ch 38 SLA 2002; am Sec. 1 ch 38 SLA 2007; am Sec. 23 ch 23 SLA 2011)