GUIDE
TO
COMPLIANCE
WITH STATE AUDIT
REQUIREMENTS
Annual Financial Reporting Model Regulation No. 205
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NAIC Guide to Compliance
with State Audit Requirements
2021
(last updated 1/9/2024)
© 2021 National Association of Insurance Commissioners
NAIC Guide to Compliance
STATE AUDIT REQUIREMENTS
The NAIC has prepared this publication to assist insurers, certified public accountants, and other interested parties
in complying with various state filing requirements for annual audited financial reports. These filing requirements
generally provide for, among other things, specific information concerning the filing and content of audited
financial reports and other related letters and reports with the state insurance department. All of the guidelines in
this area have recently been significantly changed and this publication has been created to summarize these new
requirements.
On June 11, 2006, the NAIC membership voted to approve amendments to the Annual Financial Reporting Model
Regulation (#205), commonly known as the Model Audit Rule. The purpose of this regulation is to improve a
state’s surveillance of the financial condition of insurers by requiring an independent annual audit of the financial
statements by Certified Public Accountants. Significant elements of this regulation are required as an
accreditation standard and have been since the creation of the standards. The amendments adopted in 2006 were
the result of nearly three years of continued research and discussion by financial regulators, members of industry,
public accountants and representatives from trade associations. The revisions deal with primarily three areas:
auditor independence, corporate governance and internal control over financial reporting. In 2014, the NAIC
membership continued to refine effective financial surveillance and voted to approve a new provision relating to
the establishment and maintenance of on internal audit function.
The critical new requirements associated with the 2006 and 2014 revisions have now been adopted by virtually
all member states. Citations for each state’s statute or regulation containing the relevant provisions have been
provided within the publication. The publication summarizes requirements placed on insurers and their external
auditors by the Model Audit Rule and compares and contrasts the requirements included within the NAIC Model
to those ultimately adopted by each NAIC member state.
The summaries contained herein are not intended to be all-inclusive and should not be relied on solely in
determining state-specific requirements. Where a question exists with respect to any requirement, the state’s
statute or regulation should be reviewed and, where necessary, the state insurance department should be contacted.
Every effort has been made to ensure the contents of this publication are complete and factually correct, but the
NAIC makes no warranty as to the completeness or correctness of the information provided. All responsibility
for compliance with individual state insurance codes rests solely with the insurance company and its independent
auditor.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
1
ALABAMA
ALA. ADMIN. CODE R.
482-1-141.01 to 482-1-141.20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
Between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
2
ALABAMA
ALA. ADMIN. CODE R.
482-1-141.01 to 482-1-141.20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
3
ALABAMA
ALA. ADMIN. CODE R.
482-1-141.01 to 482-1-141.20
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication
should still be filed and so state. If unremediated material weaknesses are noted, the
insurer is also required to provide a description of remedial actions to be taken with the
filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
4
ALASKA
ALASKA ADMIN. CODE TIT.
3 §§ 21.700 to 21.799
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Allowed for insurers having direct
premiums of < $1,000,000 and <
1,000 policyholders nationwide,
unless reinsurance premiums
assumed exceed $1,000,000.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums
assumed exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group
of individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed
premiums between $300 million and $500 million shall have a minimum of 50% of its
members qualify as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
5
ALASKA
ALASKA ADMIN. CODE TIT.
3 §§ 21.700 to 21.799
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non- audit services. Insurers having direct written and assumed premiums of less than
$100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm and
acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer may
make an application to the commissioner for relief from the requirement on the basis of unusual
circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators. See also § 21.36.060
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the filing
of this report if the insurer is in any RBC level event or meets any one or more of the standards
of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
6
ALASKA
ALASKA ADMIN. CODE TIT.
3 §§ 21.700 to 21.79
FILING DEADLINES
Audit Report
No provision
June 1. The commissioner may require an insurer to file an Audited financial report earlier than
June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
See also § 21.09.200
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
See also § 21.09.200
CPA must notify insurer within five business days; insurer shall notify Commissioner within five
business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule,
except specifies 30 days prior to
issuance of statutory audit report.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
7
ARIZONA
§ 20-698 Does not provide
comprehensive language but rather
requires compliance with NAIC
model audit rule.
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
8
ARIZONA
§ 20-698 Does not provide
comprehensive language but rather
requires compliance with NAIC
model audit rule.
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
9
ARIZONA
§ 20-698 Does not provide
comprehensive language but rather
requires compliance with NAIC
model audit rule.
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
10
ARKANSAS
Ins. Reg. 25 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
11
ARKANSAS
Ins. Reg. 25 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm and
acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer may
make an application to the commissioner for relief from the requirement on the basis of unusual
circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
12
ARKANSAS
Ins. Reg. 25 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
13
CALIFORNIA
10 CA ADC §§ 2309.2 to 2309.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All insurers doing business in
California subject to ICS 900.2
requirements.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report
of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
14
CALIFORNIA
10 CA ADC §§ 2309.2 to 2309.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non-audit services. Insurers having direct written and assumed premiums of less
than $100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC (CA has adopted
the NAIC model language.)
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
15
CALIFORNIA
10 CA ADC §§ 2309.2 to 2309.20 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is
also required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
16
COLORADO
Ins. Reg. 3-1-4 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
17
COLORADO
Ins. Reg. 3-1-4 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting. Holding
companies may meet this requirement at the ultimate controlling parent level, intermediate
holding company level or individual legal entity level. Exemption for insurers with annual
premium under $500,000,000 or, if insurance group, annual premium under $1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed premiums
of less than $100,000,000 in any calendar year may request and exemption from this
requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
18
COLORADO
Ins. Reg. 3-1-4 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier than
June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide a
description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
19
CONNECTICUT
CT ADC § 38a.54 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
20
CONNECTICUT
CT ADC § 38a.54 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
21
CONNECTICUT
CT ADC § 38a.54 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier than
June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
22
DELAWARE
18 DE ADC § 301 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
23
DELAWARE
18 DE ADC § 301 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
24
DELAWARE
18 DE ADC § 301 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
25
DISTRICT OF
COLUMBIA
DC Code §§ 31-301 to 31-314 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed or authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule
except no reference to
Management’s Report.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
26
DISTRICT OF
COLUMBIA
DC Code §§ 31-301 to 31-314 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm and
acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer may
make an application to the commissioner for relief from the requirement on the basis of unusual
circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
27
DISTRICT OF
COLUMBIA
DC Code §§ 31-301 to 31-314 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
28
FLORIDA
69O-137.002 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule
except Management’s report of
Internal Control over Financial
Reporting is not mentioned.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule
except 7-year rotation period with
2- year cool-down.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule
except specifies no less than seven
years.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
29
FLORIDA
69O-137.002 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule
except no provision for relief.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
30
FLORIDA
69O-137.002 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
No provision.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule
except no requirement to file with
states or NAIC.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
None
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
None
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
None
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
31
GEORGIA
GA ADC § 120-2-60 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule
except no reference to
Management’s Report.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
32
GEORGIA
GA ADC § 120-2-60 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
33
GEORGIA
GA ADC § 120-2-60 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
34
HAWAII
Hawaii Revised Statutes
§ 431:3-302.5 and Hawaii
Administrative Rules § 16- 185
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All domestic insurers.
All licensed or authorized insurers.
Size Exemptions
Exemption based on financial or
organizational hardship.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
35
HAWAII
Hawaii Revised Statutes
§ 431:3-302.5 and Hawaii
Administrative Rules § 16- 185
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
36
HAWAII
Hawaii Revised Statutes
§ 431:3-302.5 and Hawaii
Administrative Rules § 16- 185
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
37
IDAHO
ID ADC 18.07.04.000 to
18.07.04.026
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
38
IDAHO
ID ADC 18.07.04.000 to
18.07.04.026
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm and
acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer may
make an application to the commissioner for relief from the requirement on the basis of unusual
circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
39
IDAHO
ID ADC 18.07.04.000 to
18.07.04.026
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
40
ILLINOIS
50 Ill. Adm. Code 925.20 to
Exhibit A
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
No size exemption specified
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
41
ILLINOIS
50 Ill. Adm. Code 925.20 to
Exhibit A
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm and
acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer may
make an application to the commissioner for relief from the requirement on the basis of unusual
circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
42
ILLINOIS
50 Ill. Adm. Code 925.20 to
Exhibit A
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer shall also notify Director
within 30 days of engaging new
auditor.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
43
INDIANA
760 IAC 1-78-1 to 1-78-18 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule
except that the partner rotation has a
7-year limitation with a 2-year cool-
down period.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
44
INDIANA
760 IAC 1-78-1 to 1-78-18 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non-audit services. Insurers having direct written and assumed premiums of less
than $100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
45
INDIANA
760 IAC 1-78-1 to 1-78-18 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier than
June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is
also required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee
Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
46
IOWA
IAC 191-98.1(505) to
191-98.20(505); IAC 191-5.25
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
47
IOWA
IAC 191-98.1(505) to
191-98.20(505); IAC 191-5.25
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non-audit services. Insurers having direct written and assumed premiums of less
than $100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
48
IOWA
IAC 191-98.1(505) to
191-98.20(505); IAC 191-5.25
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier than
June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is
also required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
49
KANSAS
KAN. ADMIN. REG. § 40-1-37 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Every insurer defined in Section 3 of
“Policy and Procedure Requiring
Annual audited Financial Reports”
November 30, 2016
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
50
KANSAS
KAN. ADMIN. REG. § 40-1-37 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
51
KANSAS
KAN. ADMIN. REG. § 40-1-37 FILING DEADLINES)
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
The CPA need only file once prior to
the first audit, however, a change in
auditors would necessitate a new
awareness letter per Department
ruling.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
52
KENTUCKY
806 KY. ADMIN. REGS. 3:170;
KY. REV. STAT. ANN. 304.3-180
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
53
KENTUCKY
806 KY. ADMIN. REGS. 3:170;
KY. REV. STAT. ANN. 304.3-180
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Does not include exemption.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
54
KENTUCKY
806 KY. ADMIN. REGS. 3:170;
KY. REV. STAT. ANN. 304.3-180
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
55
LOUISIANA
La. Admin. Code
tit. 37 § 13701 to 13739
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
56
LOUISIANA
La. Admin. Code
tit. 37 § 13701 to 13739
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
57
LOUISIANA
La. Admin. Code
tit. 37 § 13701 to 13739
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
58
MAINE
02-031 CMR Ch. 235, § 1 to 19;
24-A M.R.S.A. § 221-A
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers, HMOs, and
nonprofit health plans.
All licensed or authorized insurers.
Size Exemptions
Nationwide written premium plus
reinsurance assumed less than
$1,000,000, provided that
outstanding loss reserves are less
than $1,000,000.
Assessment fire insurers.
Allowed for insurers having direct premiums of < $1,000,000 in any calendar year and <
1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption
Substantially similar to NAIC
Model Audit Rule but must file
if requested by Superintendent.
Allowed if audited reports required by the domiciliary state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Retained for a minimum of six years.
Extended to seven years if Report of
Examination is still outstanding after
six years.
Retained until Report of Examination covering period is issued, but no longer than seven years.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
59
MAINE
02-031 CMR Ch. 235, § 1 to 19;
24-A M.R.S.A. § 221-A
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
60
MAINE
02-031 CMR Ch. 235, § 1 to 19;
24-A M.R.S.A. § 221-A
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
61
MAINE
02-031 CMR Ch. 235, § 1 to 19;
24-A M.R.S.A. § 221-A
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days’ advance notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
At same time as designation of
auditor.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
June 1.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Filing with NAIC, same as in
Model Audit Rule. Additional filing
with other states, only if required
by their law.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
When required, report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
62
MARYLAND
COMAR 31.05.11.01 to
31.05.11.17
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
63
MARYLAND
COMAR 31.05.11.01 to
31.05.11.17
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit
Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required
Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
64
MARYLAND
COMAR 31.05.11.01 to
31.05.11.17
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
65
MASSACHUSETTS
211 CMR 26.01 to 26.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
Applicability
All insurers
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
66
MASSACHUSETTS
211 CMR 26.01 to 26.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Audit Committee
Requirements
Same as NAIC Model Audit Rule
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
67
MASSACHUSETTS
211 CMR 26.01 to 26.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
68
MASSACHUSETTS
211 CMR 26.01 to 26.20 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Due date not specified.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
69
MICHIGAN
MCL 500.1001 to 500.1033 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Insurers having direct premiums
written in Michigan of
< $1,000,000 in any year and
< 1,000 policyholders in the State
of Michigan. In addition, see
§ 500.1003 for further size
exemption.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule
except that the submission of a
Qualification Letter is not
addressed.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report
of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Retained for a period of not less than
five years after period reported on.
Retained until Report of Examination covering period is issued, but no longer than seven years.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
70
MICHIGAN
MCL 500.1001 to 500.1033 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non-audit services. Insurers having direct written and assumed premiums of less
than $100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
71
MICHIGAN
MCL 500.1001 to 500.1033 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
72
MICHIGAN
MCL 500.1001 to 500.1033 FILING DEADLINES
Audit Report
Same as NAIC Model Audit
Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is
also required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
73
MINNESOTA
M.S.A. § 60A.1291 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All insurers doing business in the
State of Minnesota.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
74
MINNESOTA
M.S.A. § 60A.1291 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
75
MINNESOTA
M.S.A. § 60A.1291 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee
Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
76
MISSISSIPPI
Miss. Code Ann. §§ 83-5-101 to
83-5-125
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Commissioner may grant
exemption from compliance, if the
commissioner finds, upon review of
the application that compliance
would constitute a financial or
organizational hardship upon the
insurer.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
77
MISSISSIPPI
Miss. Code Ann. §§ 83-5-101 to
83-5-125
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule
except no provision for petitioning
for relief from this provision
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
78
MISSISSIPPI
Miss. Code Ann. §§ 83-5-101 to
83-5-125
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit
Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
79
MISSISSIPPI
Miss. Code Ann. §§ 83-5-101 to
83-5-125
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule
except no NAIC reference.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule
except no NAIC reference.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
80
MISSOURI
V.A.M.S. 375.1025 to 375.1062 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All certified or authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule,
except that the submission of a
CPA Qualification Letter is not
addressed.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report
of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
81
MISSOURI
V.A.M.S. 375.1025 to 375.1062 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non-audit services. Insurers having direct written and assumed premiums of less
than $100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
82
MISSOURI
V.A.M.S. 375.1025 to 375.1062 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report
earlier than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication
should still be filed and so state. If unremediated material weaknesses are noted, the
insurer is also required to provide a description of remedial actions to be taken with the
filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its
annual statement filing the approval for relief with the states that it is licensed or doing
business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
83
MONTANA
ARM 6.6.3501 to 6.6.3521 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed or authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven
years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
84
MONTANA
ARM 6.6.3501 to 6.6.3521 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require
the filing of this report if the insurer is in any RBC level event or meets any one or more
of the standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
85
MONTANA
ARM 6.6.3501 to 6.6.3521 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
86
NEBRASKA
210 Neb. Admin. Code
§§ 56-001 to 56-019
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report
of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven
years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed
premiums greater than $500 million shall have a minimum of 75% of its members qualify
as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
87
NEBRASKA
210 Neb. Admin. Code
§§ 56-001 to 56-019
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require
the filing of this report if the insurer is in any RBC level event or meets any one or more
of the standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
88
NEBRASKA
210 Neb. Admin. Code
§§ 56-001 to 56-019
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
89
NEVADA
Nev. Admin. Code §§ 680A.172 to
680A.211
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Allowed for insurers having direct
premiums of < $1,000,000 and <
1,000 policyholders nationwide,
unless reinsurance premiums
assumed exceed $1,000,000.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
90
NEVADA
Nev. Admin. Code §§ 680A.172 to
680A.211
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
91
NEVADA
Nev. Admin. Code §§ 680A.172 to
680A.211
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
92
NEW
HAMPSHIRE
N.H. ADMIN. R. INS.
§§ 4501.01 to 4501.17
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed
premiums greater than $500 million shall have a minimum of 75% of its members qualify
as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
93
NEW
HAMPSHIRE
N.H. ADMIN. R. INS.
§§ 4501.01 to 4501.17
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require
the filing of this report if the insurer is in any RBC level event or meets any one or more of
the standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
94
NEW
HAMPSHIRE
N.H. ADMIN. R. INS.
§§ 4501.01 to 4501.17
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is
also required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief
from Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its
annual statement filing the approval for relief with the states that it is licensed or doing
business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit
report and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
95
NEW JERSEY
N.J. Admin. Code §§ 11:2-26.1 to
11:2-26.21
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Allowed if audited reports are
deemed substantially similar and
audit report is filed with
Commissioner along with other
required reports.
Allowed if audited reports required by the domestic state are deemed substantially
similar and Audited financial reports, Communication of Internal Control Related
Matters Noted in an Audit, Qualification Letter, Notification of Adverse Condition, and
Management’s Report of Internal Control over Financial Reporting are filed within the
time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
The insurer shall require that
accountant retain until Report of
Examination covering period of
audit is issued, but no longer than 7
years.
Retained until Report of Examination covering period is issued, but no longer than seven years.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
96
NEW JERSEY
N.J. Admin. Code §§ 11:2-26.1 to
11:2-26.21
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Audit Committee
Requirements
Some provisions same as NAIC
Model Audit Rule. However, New
Jersey rule does not contain similar
premium thresholds.
Audit committee requirements do
not apply to a domestic insurer if
the person controlling the insurer is
an entity having a BOD and
committees that substantially meet
the requirements. The board of
directors shall establish one or more
committees, including an audit
committee comprised solely of
directors who are not officers,
employees of the insurer or any
related entity, or under common
control or owners of a controlling
interest of any such entity.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members
qualify as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
Not recognized if key person
participated in the audit of the
insurer during the one yr. period
preceding the due date of the
current statutory opinion.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
97
NEW JERSEY
N.J. Admin. Code §§ 11:2-26.1 to
11:2-26.21
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Standards are specifically listed.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require
the filing of this report if the insurer is in any RBC level event or meets any one or more
of the standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with
an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
98
NEW JERSEY
N.J. Admin. Code §§ 11:2-26.1 to
11:2-26.21
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted
in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief
from Partner Rotation
Requirements
Same as NAIC Model Audit Rule
except upon notice of not being
qualified as an independent CPA,
the insurer may within 20 days
request review.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states
it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
The BOD shall establish a
committee of entirely independent
members.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
99
NEW MEXICO
N.M. CODE R. §§ 13.2.5.2 to
13.5.2.27
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Partner limited to five consecutive
years after which he/she cannot act
in that capacity for two years.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
100
NEW MEXICO
N.M. CODE R. §§ 13.2.5.2 to
13.5.2.27
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed premiums
of less than $100,000,000 in any calendar year may request and exemption from this
requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
No specific provision.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
101
NEW MEXICO
N.M. CODE R. §§ 13.2.5.2 to
13.5.2.27
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
No report should be issued if the
accountant does not identify
unremediated material weaknesses.
13.2.5.21
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication
should still be filed and so state. If unremediated material weaknesses are noted, the
insurer is also required to provide a description of remedial actions to be taken with the
filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief
from Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its
annual statement filing the approval for relief with the states that it is licensed or doing
business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
102
NEW YORK
N.Y. COMP. CODES R. & REGS.
tit. 11 §§ 89.0 to 89.16
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Insurers, fraternal benefit societies
and managed care organizations.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report
of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
For six calendar years from the date
of the audit report or until the filing
of the report on examination
covering the period of the audit,
whichever is longer.
Retained until Report of Examination covering period is issued, but no longer than seven years.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
103
NEW YORK
N.Y. COMP. CODES R. & REGS.
tit. 11 §§ 89.0 to 89.16
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Does not apply to a domestic life
insurer subject to Insurance Law
1202(b)(2); a foreign or alien
insurer not entered into this state
through a U.S. branch; or a
company that is a SOX compliant
entity or a wholly- owned subsidiary
of a SOX compliant entity.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
104
NEW YORK
N.Y. COMP. CODES R. & REGS.
tit. 11 §§ 89.0 to 89.16
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Management’s Report of
Internal Controls over
Financial Reporting
Contains provisions similar to the as
NAIC Model Audit Rule. Does not
contain provision regarding RBC
level.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require
the filing of this report if the insurer is in any RBC level event or meets any one or more
of the standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
105
NEW YORK
N.Y. COMP. CODES R. & REGS.
tit. 11 §§ 89.0 to 89.16
FILING DEADLINES
Audit Report
Audited financial reports shall be
filed on or before May 31; on or
before April 1 for MCOs. See N.Y.
COMP. CODES R. & REGS. tit.
11 § 89.2 for locations to submit
filings.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
March 1, 2010 and updated
information within 60 days of any
change thereafter.
Within 60 days after becoming subject to regulation.
Qualification Letter
No provision.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted
in an Audit
Shall submit report to the
superintendent as part of filing of
the
annual audited financial report.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Shall be required to report, in
writing, to the superintendent, the
board of directors and the
company’s audit committee within
5 days.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its
annual statement filing the approval for relief with the states that it is licensed or doing
business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
106
NEW YORK
N.Y. COMP. CODES R. & REGS.
tit. 11 §§ 89.0 to 89.16
FILING DEADLINES
Audit Committee Election
Shall give notice of the
election of its audit committee
within 30 days of the effective
date of this provision
(provisions apply beginning
with the reporting period
ending December 31, 2010)
and within 30 days of any
change in membership of the
audit committee.
Notification of the election shall be made prior to the issuance of the statutory audit
report and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Shall be filed with the audited
financial report.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
107
NORTH
CAROLINA
N.C. GEN. STAT.
§§ 58-10-185 to 58-10-265
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing
to designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
108
NORTH
CAROLINA
N.C. GEN. STAT.
§§ 58-10-185 to 58-10-265
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed premiums
of less than $100,000,000 in any calendar year may request and exemption from this
requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
109
NORTH
CAROLINA
N.C. GEN. STAT.
§§ 58-10-185 to 58-10-265
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication
should still be filed and so state. If unremediated material weaknesses are noted, the
insurer is also required to provide a description of remedial actions to be taken with the
filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its
annual statement filing the approval for relief with the states that it is licensed or doing
business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
110
NORTH DAKOTA
N.D. Admin. Code Chapter
45-03- 20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers other than those
licensed exclusively in North
Dakota.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing
to designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
111
NORTH DAKOTA
N.D. Admin. Code Chapter
45-03- 20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed premiums
of less than $100,000,000 in any calendar year may request and exemption from this
requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An
insurer may make an application to the commissioner for relief from the requirement on the
basis of unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
112
NORTH DAKOTA
N.D. Admin. Code Chapter
45-03- 20
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication
should still be filed and so state. If unremediated material weaknesses are noted, the
insurer is also required to provide a description of remedial actions to be taken with the
filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief
from Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its
annual statement filing the approval for relief with the states that it is licensed or doing
business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
113
OHIO
OH ADC 3901-1-50 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing
to designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
114
OHIO
OH ADC 3901-1-50 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed premiums
of less than $100,000,000 in any calendar year may request and exemption from this
requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
115
OHIO
OH ADC 3901-1-50 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit
report and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
116
OKLAHOMA
tit. 36 §§ 311A.1-311A.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed
premiums greater than $500 million shall have a minimum of 75% of its members qualify
as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
117
OKLAHOMA
tit. 36 §§ 311A.1-311A.20 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule
except contains a waiver.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare
a report.
If an insurer does not exceed the premium threshold, the commissioner may still require
the filing of this report if the insurer is in any RBC level event or meets any one or more of
the standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
118
OKLAHOMA
tit. 36 §§ 311A.1-311A.20 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Department policy to require current letter.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief
from Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit
report and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
119
OREGON
OR. ADMIN. R. 836-011-0100
to 836-011-0235
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed
premiums greater than $500 million shall have a minimum of 75% of its members qualify
as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
120
OREGON
OR. ADMIN. R. 836-011-0100
to 836-011-0235
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
121
OREGON
OR. ADMIN. R. 836-011-0100
to 836-011-0235
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
122
PENNSYLVANIA
31 PA CODE 147.1 to 147.15 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule
except that domestic insurers must
have total admitted assets of less
than $10,000,000. 147.13.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Foreign insurers exempt on basis
of substantially similar
requirements. 147.13
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule;
except that requires retention for at
least 7 years after period reported on
in audit report.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
123
PENNSYLVANIA
31 PA CODE 147.1 to 147.15 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule;
with the exception of broader scope
for prohibited actuarial advisory
services.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
124
PENNSYLVANIA
31 PA CODE 147.1 to 147.15 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
No language requiring
communication of deficiencies to be
reported even if no deficiencies
noted.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Except that it states no later than
April 1 of the year filed.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
125
PUERTO RICO
RULE 14-A ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Insurers having premiums less than
$100,000 in any year or less than
1,000 policyholders.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
No provision.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
No provision.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Not less than 5 years after period
covered in report.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
No provision.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
126
PUERTO RICO
RULE 14-A ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
No provision.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
No provision.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
No provision.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
No provision.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
No provision.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over statutory
financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
127
PUERTO RICO
RULE 14-A FILING DEADLINES
Audit Report
Shall file on or before June 30.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Within 30 days.
Within 60 days after becoming subject to regulation.
Qualification Letter
Shall be filed with annual audited
report.
June 1.
Awareness Letter
No provision.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
No provision.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Insurer shall notify Commissioner
within 5 days; no requirement for
CPA.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
No provision.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
No provision.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
No provision.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
No provision.
Notification of the election shall be made prior to the issuance of the statutory audit
report and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
No provision.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
128
RHODE ISLAND
230-RICR- 20-45-7.1 to
230-RICR- 20-45-7.20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
129
RHODE ISLAND
230-RICR- 20-45-7.1 to
230-RICR- 20-45-7.20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
130
RHODE ISLAND
230-RICR- 20-45-7.1 to
230-RICR- 20-45-7.20
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
131
SOUTH
CAROLINA
Regulation 69-70 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers. S.C. Code Ann. Regs. 69 -70 (2009).
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
132
SOUTH
CAROLINA
Regulation 69-70 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
133
SOUTH
CAROLINA
Regulation 69-70 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
134
SOUTH DAKOTA
S.D. Codified Laws § 58-43-1 to
58-43-26
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
135
SOUTH DAKOTA
S.D. Codified Laws § 58-43-1 to
58-43-26
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
136
SOUTH DAKOTA
S.D. Codified Laws § 58-43-1 to
58-43-26
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
137
TENNESSEE
Reg. ch. 0780-01-65-.01 to
0780-01-65-.20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums
assumed exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar and
Audited financial reports, Communication of Internal Control Related Matters Noted in an
Audit, Qualification Letter, Notification of Adverse Condition, and Management’s Report of
Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation
requirement on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group
of individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed
premiums between $300 million and $500 million shall have a minimum of 50% of its
members qualify as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
138
TENNESSEE
Reg. ch. 0780-01-65-.01 to
0780-01-65-.20
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who provides
prohibited non- audit services. Insurers having direct written and assumed premiums of less
than $100,000,000 in any calendar year may request and exemption from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
139
TENNESSEE
Reg. ch. 0780-01-65-.01 to
0780-01-65-.20
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should
still be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it is
licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report and
the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
140
TEXAS
28 Tex. Admin. Code § 7.88 (2010) ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule,
except no 1,000 policyholders
reference.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
141
TEXAS
28 Tex. Admin. Code § 7.88 (2010) ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
142
TEXAS
28 Tex. Admin. Code § 7.88 (2010) FILING DEADLINES
Audit Report
June 1 for multi-state insurers and
June 30 for Texas-only writers.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
No provision
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Not later than Dec. 31 (filed with
Designation of Auditor letter).
Required annually pursuant to TX INS § 401.014
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Separately maintained at TX INS
§ 401.017; shall notify
Commissioner within 10 days of
notification.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Separately maintained at TX INS
§ 401.015.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule
The application for relief from partner rotation requirements must be made at least 30 days before
the end of the calendar year. If approval is granted, the insurer shall file with its annual statement
filing the approval for relief with the states that it is licensed or doing business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
143
UTAH
Utah Admin. Code
R. 590-254-1 to 590-254-21
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All authorized insurers.
All licensed or authorized insurers.
Size Exemptions
Allowed for insurers having
direct premiums of < $1,000,000
and < 1,000 policyholders
nationwide, unless reinsurance
premiums assumed exceed
$1,000,000.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
144
UTAH
Utah Admin. Code
R. 590-254-1 to 590-254-21
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
No provision.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
145
UTAH
Utah Admin. Code
R. 590-254-1 to 590-254-21
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial statements;
if no unremediated material weaknesses are noted, the communication should still be filed and
so state. If unremediated material weaknesses are noted, the insurer is also required to provide
a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days before
the end of the calendar year. If approval is granted, the insurer shall file with its annual statement
filing the approval for relief with the states that it is licensed or doing business in and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
146
VERMONT
VT ADC 4-3-52:1 to 4-3-52:21 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify
as independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
147
VERMONT
VT ADC 4-3-52:1 to 4-3-52:21 ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall prepare a
report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along with an
addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial condition
examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
148
VERMONT
VT ADC 4-3-52:1 to 4-3-52:21 FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner within
five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all states it
is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in
an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
149
VIRGINIA
14 Va. Admin. Code § 5-270-10 to
14 Va. Admin. Code § 5-270-180
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All licensed insurers.
All licensed or authorized insurers.
Size Exemptions
Insurers having direct premiums
written of < $1,000,000 and <
1,000 policyholders unless
reinsurance assumed premiums
exceed $1,000,000.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any
calendar year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed
exceed $1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted
in an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule,
except Section 13A is not included.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
150
VIRGINIA
14 Va. Admin. Code § 5-270-10 to
14 Va. Admin. Code § 5-270-180
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
151
VIRGINIA
14 Va. Admin. Code § 5-270-10 to
14 Va. Admin. Code § 5-270-180
FILING DEADLINES
Audit Report
Domestic insurers June 1;
Foreign and alien insurers June
30.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Filed with audit report.
June 1.
Awareness Letter
Within 60 days after becoming
subject to the state’s audit
requirement.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
152
WASHINGTON
Wash. Admin. Code § 284-07-100
to Wash. Admin. Code
§ 284-07-240
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
153
WASHINGTON
Wash. Admin. Code § 284-07-100
to Wash. Admin. Code
§ 284-07-240
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request an exemption from
this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
154
WASHINGTON
Wash. Admin. Code § 284-07-100
to Wash. Admin. Code
§ 284-07-240
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
155
WEST VIRGINIA
W. Va. Code §§ 33-33-1 to
33-33-16
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audi Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
156
WEST VIRGINIA
W. Va. Code §§ 33-33-1 to
33-33-16
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit
Regulation Except uses $1,000,000
instead of $100,000,000 threshold.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
157
WEST VIRGINIA
W. Va. Code §§ 33-33-1 to
33-33-16
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
158
WISCONSIN
Wis. Admin. Code Ins. § 50.01 to
Wis. Admin. Code Ins. § 50.19
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
Same as NAIC Model Audit Rule.
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule,
except no requirement that foreign
insurer has filed Management’s
Report of Internal Control over
Financial Reporting in time
specified.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, and Notification of Adverse Condition. are filed within the
time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule,
except for definition of workpapers.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Same as NAIC Model Audit Rule.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
159
WISCONSIN
Wis. Admin. Code Ins. § 50.01 to
Wis. Admin. Code Ins. § 50.19
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
160
WISCONSIN
Wis. Admin. Code Ins. § 50.01 to
Wis. Admin. Code Ins. § 50.19
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in and
the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the
i
ssuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the commissioner
along with the Communication of Internal Control Related Matters Noted in an Audit.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
161
WYOMING
Wyo. Stat. Ann. § 26-3-301 to
Wyo. Stat. Ann. § 26-3-318
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Applicability
All insurers as defined in
W.S. 26-1- 102(a)(xvi).
All licensed or authorized insurers.
Size Exemptions
Same as NAIC Model Audit Rule.
Allowed for insurers having direct premiums in domestic state of < $1,000,000 in any calendar
year and < 1,000 policyholders nationwide, unless reinsurance premiums assumed exceed
$1,000,000.
Exemption from Filing in
Other States
Same as NAIC Model Audit Rule.
Allowed if audited reports required by the domestic state are deemed substantially similar
and Audited financial reports, Communication of Internal Control Related Matters Noted in
an Audit, Qualification Letter, Notification of Adverse Condition, and Management’s
Report of Internal Control over Financial Reporting are filed within the time specified.
Partner Rotation
Same as NAIC Model Audit Rule.
Partner limited to five consecutive years after which he/she cannot act in that capacity for five
years.
An insurer may make application to the commissioner for relief from the rotation requirement
on the basis on unusual circumstances.
Workpaper Requirements
Same as NAIC Model Audit Rule.
Retained until Report of Examination covering period is issued, but no longer than seven years.
Audit Committee
Requirements
Audit committees for insurers with
prior calendar year direct written and
assumed premiums of $500 million
or less shall have a majority of its
members qualify as independent.
Every insurer required to file an annual Audited financial report shall designate a group of
individuals as constituting its Audit committee.
Ultimate controlling person shall provide written notice describing the basis for electing to
designate a parent audit committee to serve in that function for the insurer.
Audit committees are charged with specific oversight responsibilities.
Audit committees for insurers with prior calendar year direct written and assumed premiums
between $300 million and $500 million shall have a minimum of 50% of its members qualify as
independent.
Audit committees for insurers with prior calendar year direct written and assumed premiums
greater than $500 million shall have a minimum of 75% of its members qualify as
independent.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
162
WYOMING
Wyo. Stat. Ann. § 26-3-301 to
Wyo. Stat. Ann. § 26-3-318
ANNUAL FINANCIAL REPORTING MODEL REGULATION (#205)
Internal Audit Function
Requirements
Same as NAIC Model Audit Rule.
An internal audit function is established with standards for independence and reporting.
Holding companies may meet this requirement at the ultimate controlling parent level,
intermediate holding company level or individual legal entity level. Exemption for insurers
with annual premium under $500,000,000 or, if insurance group, annual premium under
$1,000,000,000.
Prohibited Services
Same as NAIC Model Audit Rule.
The commissioner shall not accept Audited financial reports from an accountant who
provides prohibited non-audit services. Insurers having direct written and assumed
premiums of less than $100,000,000 in any calendar year may request and exemption
from this requirement.
Cooling-Off Period
Same as NAIC Model Audit Rule.
The commissioner shall not recognize a CPA as qualified to perform an audit if the insurer
employs a person in a key financial position that was previously employed by the CPA firm
and acted as a partner or senior manager involved in the insurer’s preceding audit. An insurer
may make an application to the commissioner for relief from the requirement on the basis of
unusual circumstances.
Conduct of Insurer in
Preparing Required Reports
Same as NAIC Model Audit Rule.
Directors and officers of insurers are required to meet minimum standards in providing
information to their auditors and regulators.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Every insurer with direct written and assumed premiums of $500 million or more shall
prepare a report.
If an insurer does not exceed the premium threshold, the commissioner may still require the
filing of this report if the insurer is in any RBC level event or meets any one or more of the
standards of an insurer deemed to be in hazardous financial condition.
An insurer may file its or its parent’s Sarbanes-Oxley Act Section 404 report along
with an addendum to fulfill the filing requirement.
The report shall include an assertion as to the effectiveness of internal controls over
statutory financial reporting along with other significant elements.
Management shall document and make available for review during the financial
condition examination the basis upon which its assertion is made.
NAIC’s Guide to Compliance
STATE AUDIT REQUIREMENTS
© 2021 National Association of Insurance Commissioners
163
WYOMING
Wyo. Stat. Ann. § 26-3-301 to
Wyo. Stat. Ann. § 26-3-318
FILING DEADLINES
Audit Report
Same as NAIC Model Audit Rule.
June 1. The commissioner may require an insurer to file an Audited financial report earlier
than June 1 with 90 days advanced notice.
Designation of Auditor
Same as NAIC Model Audit Rule.
Within 60 days after becoming subject to regulation.
Qualification Letter
Same as NAIC Model Audit Rule.
June 1.
Awareness Letter
Same as NAIC Model Audit Rule.
Due date not specified.
Communication of Internal
Control Related Matters
Noted in an Audit
Same as NAIC Model Audit Rule.
Prepared by the accountant and filed within 60 days after filing of audited financial
statements; if no unremediated material weaknesses are noted, the communication should still
be filed and so state. If unremediated material weaknesses are noted, the insurer is also
required to provide a description of remedial actions to be taken with the filing.
Adverse Condition
Same as NAIC Model Audit Rule.
CPA must notify insurer within five business days; insurer shall notify Commissioner
within five business days of notification.
Change in Auditor
Same as NAIC Model Audit Rule.
Insurer must notify Commissioner within five business days of dismissal or resignation of
auditor.
Application for Relief from
Partner Rotation
Requirements
Same as NAIC Model Audit Rule.
The application for relief from partner rotation requirements must be made at least 30 days
before the end of the calendar year. If approval is granted, the insurer shall file with its annual
statement filing the approval for relief with the states that it is licensed or doing business in
and the NAIC.
Approval of Relief from
Cooling-Off Requirements
Same as NAIC Model Audit Rule.
The insurer shall file with its annual statement filing the approval for relief with all
states it is licensed or doing business in and the NAIC.
Audit Committee Election
Same as NAIC Model Audit Rule.
Notification of the election shall be made prior to the issuance of the statutory audit report
and the election shall remain in effect until rescinded.
Management’s Report of
Internal Controls over
Financial Reporting
Same as NAIC Model Audit Rule.
Report shall be as of the December 31 immediately preceding and filed with the
commissioner along with the Communication of Internal Control Related Matters Noted in an
Audit.
The NationalAssociation of Insurance Commissioners (NAIC) is the
U.S. standard-setting and regulatory support organization created
and governed by the chief insurance regulators from the 50 states,
the District of Columbia and five U.S. territories. Through the NAIC,
state insurance regulators establish standards and best practices,
conduct peer review, and coordinate their regulatory oversight.
NAIC staff supports these efforts and represents the collective
views of state regulators domestically and internationally. NAIC
members, together with the central resources of the NAIC, form
the national system of state-based insurance regulation in the U.S.
For more information, visit www.naic.org.