Okla. Stat. tit. 36, § 36-2204
This is the official text of Okla. Stat. tit. 36, § 36-2204, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Statements and reports – Taxes, fees and penalties
Official statutory text
A. A medical professional liability trust shall file the
following items with the Commissioner:
Oklahoma Statutes - Title 36. Insurance Page 658
1. Within forty-five (45) days after the end of each of the
first three quarterly periods of each fiscal year, a statement of
the assets and liabilities of the trust as of the end of the
quarterly period, a statement of the revenue and expenditures of the
trust, and a statement of the changes in corpus of the trust for the
period, in each case accompanied by a certificate to the effect that
the statements were prepared from the official books and records of
the trust;
2. Within ninety (90) days after the end of each fiscal year, a
statement of the assets and liabilities of the trust as of the end
of that year, a statement of the revenue and expenditures of the
trust, and a statement of the changes in corpus of the trust for
that year, in each case accompanied by a certificate signed by a
firm of independent certified public accountants indicating that the
firm has conducted an audit of those statements in accordance with
generally accepted auditing standards and indicating the results of
the audit;
3. The independently audited annual financial statement of the
trust by June 1 of each year;
4. The closed claim reports as are required pursuant to
Sections 6810 through 6816 of Title 36 of the Oklahoma Statutes;
5. Rates and forms within thirty (30) days after issuance of
the first policy and within thirty (30) days after any changes to
the previously filed rates and forms; and
6. Any amendment to the trust instrument within thirty (30)
days of making the amendment.
B. A trust shall, annually, on or before the first day of
March, report under oath to the Commissioner, the total amount of
direct written consideration received from the membership during the
preceding calendar year, or since the last return of such
considerations was made by such trust.
1. A trust shall pay to the Department, on or before March 1,
an annual tax on all direct written considerations, after all
returned considerations are deducted for the privileges of having
written, continued and/or serviced contracts of indemnity except
considerations paid by any governmental agency or instrumentality.
The rate of taxation shall be two and twenty-five one-hundredths
percent (2.25%). If any trust fails to remit such taxes in a timely
manner, it shall remain liable therefor together with interest
thereon at an annual rate equal to the average United States
Treasury Bill rate of the preceding calendar year as certified by
the State Treasurer on the first regular business day in January of
each year, plus four (4) percentage points.
2. For any trust taxed pursuant to this section, the annual tax
shall be in lieu of all other state taxes or fees, except the taxes
and fees of any subdivision or municipality of the state and except
ad valorem taxes. Any trust failing to make such returns and
Oklahoma Statutes - Title 36. Insurance Page 659
payments promptly and correctly shall forfeit and pay to the
Commissioner, in addition to the amount of said taxes and fees and
interest, the sum of Five Hundred Dollars ($500.00) or an amount
equal to one percent (1%) of the unpaid amount, whichever is
greater; and the trust so failing or neglecting for sixty (60) days
shall thereafter be debarred from transacting any business in this
state until said taxes, fees and penalties are fully paid.
3. All taxes, fees and penalties collected under this section
shall be reported and disbursed by the Commissioner and appropriated
pursuant to the provisions of Section 312.1 of Title 36 of the
Oklahoma Statutes.
following items with the Commissioner:
Oklahoma Statutes - Title 36. Insurance Page 658
1. Within forty-five (45) days after the end of each of the
first three quarterly periods of each fiscal year, a statement of
the assets and liabilities of the trust as of the end of the
quarterly period, a statement of the revenue and expenditures of the
trust, and a statement of the changes in corpus of the trust for the
period, in each case accompanied by a certificate to the effect that
the statements were prepared from the official books and records of
the trust;
2. Within ninety (90) days after the end of each fiscal year, a
statement of the assets and liabilities of the trust as of the end
of that year, a statement of the revenue and expenditures of the
trust, and a statement of the changes in corpus of the trust for
that year, in each case accompanied by a certificate signed by a
firm of independent certified public accountants indicating that the
firm has conducted an audit of those statements in accordance with
generally accepted auditing standards and indicating the results of
the audit;
3. The independently audited annual financial statement of the
trust by June 1 of each year;
4. The closed claim reports as are required pursuant to
Sections 6810 through 6816 of Title 36 of the Oklahoma Statutes;
5. Rates and forms within thirty (30) days after issuance of
the first policy and within thirty (30) days after any changes to
the previously filed rates and forms; and
6. Any amendment to the trust instrument within thirty (30)
days of making the amendment.
B. A trust shall, annually, on or before the first day of
March, report under oath to the Commissioner, the total amount of
direct written consideration received from the membership during the
preceding calendar year, or since the last return of such
considerations was made by such trust.
1. A trust shall pay to the Department, on or before March 1,
an annual tax on all direct written considerations, after all
returned considerations are deducted for the privileges of having
written, continued and/or serviced contracts of indemnity except
considerations paid by any governmental agency or instrumentality.
The rate of taxation shall be two and twenty-five one-hundredths
percent (2.25%). If any trust fails to remit such taxes in a timely
manner, it shall remain liable therefor together with interest
thereon at an annual rate equal to the average United States
Treasury Bill rate of the preceding calendar year as certified by
the State Treasurer on the first regular business day in January of
each year, plus four (4) percentage points.
2. For any trust taxed pursuant to this section, the annual tax
shall be in lieu of all other state taxes or fees, except the taxes
and fees of any subdivision or municipality of the state and except
ad valorem taxes. Any trust failing to make such returns and
Oklahoma Statutes - Title 36. Insurance Page 659
payments promptly and correctly shall forfeit and pay to the
Commissioner, in addition to the amount of said taxes and fees and
interest, the sum of Five Hundred Dollars ($500.00) or an amount
equal to one percent (1%) of the unpaid amount, whichever is
greater; and the trust so failing or neglecting for sixty (60) days
shall thereafter be debarred from transacting any business in this
state until said taxes, fees and penalties are fully paid.
3. All taxes, fees and penalties collected under this section
shall be reported and disbursed by the Commissioner and appropriated
pursuant to the provisions of Section 312.1 of Title 36 of the
Oklahoma Statutes.
Status: in_force · Read it on the official government site
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