58-10-246. Internal audit function requirements.
(a) Exemption. - An insurer is exempt from the requirements of this section if both of the following apply:
(1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than five hundred million dollars ($500,000,000).
(2) If the insurer is a member of a group of insurers, the group has annual direct written and unaffiliated assumed premium including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than one billion dollars ($1,000,000,000).
(b) Function. - The insurer or group of insurers shall establish an internal audit function providing independent, objective, and reasonable assurance to the audit committee and insurer management regarding the insurer's governance, risk management, and internal controls. This assurance shall be provided by performing general and specific audits, reviews, and tests and by employing other techniques deemed necessary to protect assets, evaluate control effectiveness and efficiency, and evaluate compliance with policies and regulations.
(c) Independence. - In order to ensure that internal auditors remain objective, the internal audit function must be organizationally independent. For purposes of this section, "organizationally independent" means that the internal audit function (i) shall not defer ultimate judgment on audit matters to others and (ii) shall appoint an individual to head the internal audit function who will have direct and unrestricted access to the board of directors of the insurer or group of insurers. Organizational independence does not preclude dual-reporting relationships.
(d) Reporting. - The head of the internal audit function shall report to the audit committee with a frequency no less than annually on the periodic audit plan, factors that may adversely impact the internal audit function's independence or effectiveness, material findings from completed audits, and the appropriateness of corrective actions implemented by management as a result of audit findings.
(e) Additional Requirements. - If an insurer is a member of an insurance holding company system or included in a group of insurers, the insurer may satisfy the internal audit function requirements set forth in this section at the ultimate controlling parent level, an intermediate holding company level, or the individual legal entity level. (2019-57, s. 2(d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 10 - Miscellaneous Insurer Financial Provisions.
§ 58-10-1 - Stock to mutual insurer conversion.
§ 58-10-10 - Mutual to stock insurer conversion.
§ 58-10-12 - Conversion plan requirements.
§ 58-10-30 - Notice requirements.
§ 58-10-35 - Policyholder rights.
§ 58-10-40 - Effect of consent.
§ 58-10-45 - Commissioner's discretion.
§ 58-10-60 - Acquisitions and dispositions of assets.
§ 58-10-65 - Nonrenewals, cancellations, or revisions of ceded reinsurance agreements.
§ 58-10-75 - Purpose and legislative intent.
§ 58-10-85 - Establishment of protected cells.
§ 58-10-90 - Use and operation of protected cells.
§ 58-10-95 - Reach of creditors and other claimants.
§ 58-10-100 - Conservation, rehabilitation, or liquidation of protected cell companies.
§ 58-10-105 - No transaction of an insurance business.
§ 58-10-110 - Authority to adopt rules.
§ 58-10-125 - Policyholders position and capital and surplus requirements.
§ 58-10-130 - Unearned premium reserve.
§ 58-10-135 - Contingency reserve for mortgage guaranty insurers.
§ 58-10-140 - Report of policyholder's position.
§ 58-10-145 - Monoline requirement for mortgage guaranty insurers.
§ 58-10-150 - Statement of actuarial opinion.
§ 58-10-155 - Actuarial opinion summary.
§ 58-10-160 - Actuarial report and work papers.
§ 58-10-165 - Monetary penalties for failure to provide documents.
§ 58-10-170 - Qualified immunity of appointed actuary.
§ 58-10-175 - Confidentiality.
§ 58-10-185 - Purpose and scope.
§ 58-10-200 - Contents of annual audited financial report.
§ 58-10-205 - Designation of independent certified public accountant.
§ 58-10-210 - Qualifications of independent certified public accountant.
§ 58-10-215 - Consolidated or combined audits.
§ 58-10-220 - Scope of audit and report of independent certified public accountant.
§ 58-10-225 - Notification of adverse financial condition.
§ 58-10-230 - Communication of internal control related matters noted in an audit.
§ 58-10-235 - Accountant's letter of qualifications.
§ 58-10-245 - Requirements for audit committees.
§ 58-10-246 - Internal audit function requirements.
§ 58-10-255 - Management's report of internal control over financial reporting.
§ 58-10-260 - Exemptions and effective dates.
§ 58-10-265 - Canadian and British companies.
§ 58-10-280 - General provisions.
§ 58-10-285 - Application; contents; process.
§ 58-10-290 - Plan of reorganization.
§ 58-10-295 - Powers of the Commissioner.
§ 58-10-300 - Special financial requirements.
§ 58-10-305 - Reorganization of domestic mutual insurer with mutual insurance holding company.
§ 58-10-310 - Mergers of mutual insurance holding companies.
§ 58-10-315 - Stock offerings.
§ 58-10-320 - Regulation of holding company system.
§ 58-10-325 - Reporting of stock ownership and transactions.
§ 58-10-345 - Licensing; authority; confidentiality.
§ 58-10-347 - Provisional approval for a license.
§ 58-10-350 - Commissioner use of consultants and other professionals.
§ 58-10-355 - Organizational audit.
§ 58-10-360 - Designation of captive manager.
§ 58-10-365 - Names of companies.
§ 58-10-370 - Capital and surplus requirements.
§ 58-10-375 - Dividends and distributions.
§ 58-10-380 - Formation of captive insurance companies.
§ 58-10-385 - Governing board members, officers, and employees.
§ 58-10-390 - Conflict of interest.
§ 58-10-395 - Plan of operation change.
§ 58-10-400 - Insurance manager and intermediaries.
§ 58-10-415 - Annual audit and statement of actuarial opinion.
§ 58-10-420 - Independent certified public accountants.
§ 58-10-425 - Deposit requirement.
§ 58-10-430 - Audits and Financial Analysis.
§ 58-10-435 - License suspension or revocation.
§ 58-10-440 - Investment requirements.
§ 58-10-450 - Membership in rating organizations; exemption from compulsory associations.
§ 58-10-460 - Adoption and amendment of rules by Commissioner.
§ 58-10-465 - Applicable provisions.
§ 58-10-475 - Supervision; rehabilitation; liquidation.
§ 58-10-480 - Authority for expenditure of public funds.
§ 58-10-485 - Violations and penalties.
§ 58-10-490 - Inactive captive insurance companies.
§ 58-10-495 - Captive insurance companies reinsuring life insurance policies.
§ 58-10-496 - Waiver or modification.
§ 58-10-500 - Forming a protected cell captive insurance company.
§ 58-10-510 - Establishment of protected cells.
§ 58-10-512 - Incorporated protected cells.
§ 58-10-513 - Cell shares and cell dividends.
§ 58-10-515 - Participants in a protected cell captive insurance company.
§ 58-10-520 - Combining assets of protected cells.
§ 58-10-530 - Establishment of branch captive insurance companies.
§ 58-10-535 - Security for payment of branch captive insurance company liabilities.
§ 58-10-545 - Filing of reports and statements.
§ 58-10-550 - Audit of a branch captive insurance company.
§ 58-10-555 - Creation of special purpose financial captives.
§ 58-10-560 - Controlling provisions when conflict exists; exemptions.
§ 58-10-565 - Application requirements.
§ 58-10-570 - Organization of an SPFC.
§ 58-10-575 - Minimum capital.
§ 58-10-580 - Authorized activities.
§ 58-10-585 - Establishment of protected cell accounts.
§ 58-10-590 - Protected cell accounts.
§ 58-10-595 - Issuing securities.
§ 58-10-600 - Asset management agreements.
§ 58-10-610 - No securities considered to be insurance or reinsurance contracts.
§ 58-10-615 - Disposition of assets; investment limitations.
§ 58-10-625 - Changes in plan of operation; filing of audit and statement of operation; audits.
§ 58-10-630 - Cessation of business.
§ 58-10-635 - Supervision, rehabilitation, or liquidation of SPFC.
§ 58-10-650 - Other laws applicable to captive insurance companies.
§ 58-10-655 - Commissioner to share information with Department of Revenue.
§ 58-10-700 - Purpose and scope.
§ 58-10-710 - Risk management framework.
§ 58-10-715 - ORSA requirement.
§ 58-10-720 - ORSA Summary Report.
§ 58-10-730 - Contents of ORSA Summary Report.
§ 58-10-735 - Confidentiality.
§ 58-10-745 - Severability clause.
§ 58-10-755 - Purpose and scope.
§ 58-10-765 - Disclosure requirement and filing procedures.
§ 58-10-770 - Rules and regulations.
§ 58-10-775 - Contents of corporate governance annual disclosure.
§ 58-10-780 - Confidentiality.