58-43-17. Letter from accountant stating accountant's independent status, background, compliance with chapter and licensing.
The accountant shall furnish the insurer for inclusion in the filing of the annual audited financial report a letter stating:
(1)That the accountant is independent with respect to the insurer and conforms to the standards of his profession as contained in the Code of Professional Ethics and Pronouncements of the American Institute of Certified Public Accountants and to chapter 36-20A and rules promulgated under the chapter;
(2)The background and experience in general, and the experience in audits of insurers of the staff assigned to the engagement and whether each is an independent certified public accountant. Nothing in this section prohibits the accountant from utilizing the staff as he deems appropriate if such use is consistent with the standards prescribed by generally accepted auditing standards;
(3)That the accountant understands the annual audited financial report and his opinion thereon will be filed in compliance with this chapter and that the director will be relying on this information in the monitoring and regulation of the financial position of insurers;
(4)That the accountant consents to the requirements of §§58-43-18 and 58-43-19 and that the accountant consents and agrees to make available for review by the director, his designee or his appointed agent, the workpapers, as defined in §§58-43-18 and 58-43-19;
(5)A representation that the accountant is properly licensed by an appropriate state licensing authority and is a member in good standing in the American Institute of Certified Public Accountants;
(6)A representation that the accountant is in compliance with the requirements of §§58-43-9 to 58-43-12, inclusive, of this chapter.
Source: SL 1992, ch 357, §17.
Structure South Dakota Codified Laws
Chapter 43 - Independent Audit Of Insurers
Section 58-43-1 - Definition of terms.
Section 58-43-3 - Foreign or alien insurers--Exemption.
Section 58-43-4 - Annual audited financial report--Contents.
Section 58-43-5 - Financial statements.
Section 58-43-5.1 - Examination of financial statements by accountant.
Section 58-43-6 - Registration of retained accountant--Letter of acknowledgment from accountant.
Section 58-43-9 - Qualifications of accountant.
Section 58-43-9.1 - Disqualification of accountant.
Section 58-43-9.3 - Exemption from disqualification provisions of § 58-43-9.2.
Section 58-43-9.4 - Services which do not disqualify accountant--Audit committee preapproval.
Section 58-43-9.6 - Delegation of preapproval duties.
Section 58-43-10 - Rotation of accountant--Application for relief from rotation requirement.
Section 58-43-11 - Rejection of accountant or audited financial report--Grounds.
Section 58-43-12 - Disqualification hearing.
Section 58-43-16.1 - Applicability of §§ 58-43-16.2 to 58-43-16.9.
Section 58-43-16.2 - Responsibilities of audit committee.
Section 58-43-16.3 - Membership of audit committee.
Section 58-43-16.4 - Independence of audit committee members.
Section 58-43-16.6 - Election of controlling person to designate audit committee.
Section 58-43-16.7 - Report of accountant to audit committee.
Section 58-43-16.8 - Report of accountant where insurer is member of holding company system.
Section 58-43-16.9 - Criteria for proportion of audit committee members.
Section 58-43-16.10 - Hardship waiver of requirements of §§ 58-43-16.2 to 58-43-16.9, inclusive.
Section 58-43-16.12 - Coercion, manipulation, or fraudulent influence of accountant prohibited.
Section 58-43-16.15 - Certain insurers required to file Section 404 report and addendum.
Section 58-43-16.16 - Contents of Management's Report of Internal Control over Financial Reporting.
Section 58-43-16.18 - Discretion of management as to internal control framework and documentation.
Section 58-43-16.20 - Compliance of insurers retaining independent accountant on July 1, 2009.
Section 58-43-16.22 - Compliance of foreign insurers.
Section 58-43-16.23 - Applicability of §§ 58-43-10 and 58-43-16.2 to 58-43-16.10 .
Section 58-43-16.24 - Applicability of §§ 58-43-16.13 to 58-43-16.19.
Section 58-43-16.25 - Internal audit function requirements.
Section 58-43-16.26 - Internal audit function to be organizationally independent.
Section 58-43-16.27 - Report of head of internal audit function to audit committee.
Section 58-43-16.28 - Member of insurance holding company system or group of insurers.
Section 58-43-16.29 - Exemption from internal audit function requirements.
Section 58-43-18 - Workpapers.
Section 58-43-20 - Hardship exemption--Hearing.
Section 58-43-22 - Application to Canadian and British insurers.
Section 58-43-23 - Fine, suspension, or revocation of license for violation.
Section 58-43-24 - Promulgation of rules by director.
Section 58-43-25 - Application of chapter.
Section 58-43-26 - Dispute resolution by mediation or arbitration.