Okla. Stat. tit. 36, § 36-311A.10
This is the official text of Okla. Stat. tit. 36, § 36-311A.10, 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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Reporting of determinations that insurer has
Official statutory text
materially misstated its financial condition - Liability -
Subsequent awareness.
A. The insurer required to furnish the annual audited financial
report shall require the independent certified public accountant to
report, in writing, within five (5) business days to the board of
directors or its audit committee any determination by the
independent certified public accountant that the insurer has
materially misstated its financial condition as reported to the
Insurance Commissioner as of the balance sheet date currently under
audit or that the insurer does not meet the minimum capital and
surplus requirement of the Oklahoma Insurance Code as of that date.
An insurer that has received a report pursuant to this subsection
shall forward a copy of the report to the Commissioner within five
(5) business days of receipt of the report and shall provide the
independent certified public accountant making the report with
evidence of the report being furnished to the Commissioner. If the
independent certified public accountant fails to receive the
evidence within the required five-business-day period, the
independent certified public accountant shall furnish to the
Commissioner a copy of its report within the next five (5) business
days.
B. No independent certified public accountant shall be liable
in any manner to any person for any statement made in connection
with subsection A of this section if the statement is made in good
faith in compliance with that subsection.
C. If the accountant, subsequent to the date of the audited
financial report filed pursuant to the Oklahoma Annual Financial
Report Act, becomes aware of facts that might have affected the
report of the accountant, the accountant shall comply with the
action or actions prescribed in Volume 1, Section AU 561 of the
Professional Standards of the AICPA.
Subsequent awareness.
A. The insurer required to furnish the annual audited financial
report shall require the independent certified public accountant to
report, in writing, within five (5) business days to the board of
directors or its audit committee any determination by the
independent certified public accountant that the insurer has
materially misstated its financial condition as reported to the
Insurance Commissioner as of the balance sheet date currently under
audit or that the insurer does not meet the minimum capital and
surplus requirement of the Oklahoma Insurance Code as of that date.
An insurer that has received a report pursuant to this subsection
shall forward a copy of the report to the Commissioner within five
(5) business days of receipt of the report and shall provide the
independent certified public accountant making the report with
evidence of the report being furnished to the Commissioner. If the
independent certified public accountant fails to receive the
evidence within the required five-business-day period, the
independent certified public accountant shall furnish to the
Commissioner a copy of its report within the next five (5) business
days.
B. No independent certified public accountant shall be liable
in any manner to any person for any statement made in connection
with subsection A of this section if the statement is made in good
faith in compliance with that subsection.
C. If the accountant, subsequent to the date of the audited
financial report filed pursuant to the Oklahoma Annual Financial
Report Act, becomes aware of facts that might have affected the
report of the accountant, the accountant shall comply with the
action or actions prescribed in Volume 1, Section AU 561 of the
Professional Standards of the AICPA.
Status: in_force · Read it on the official government site
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