South Dakota Codified Laws
Chapter 43 - Independent Audit Of Insurers
Section 58-43-22 - Application to Canadian and British insurers.

58-43-22. Application to Canadian and British insurers.
In the case of Canadian and British insurers, the annual audited financial report shall be defined as the annual statement of total business on the form filed by the companies with their supervision authority duly audited by an independent chartered accountant.
For these insurers, the letter required in §§58-43-6 and 58-43-7 shall state that the accountant is aware of the requirements relating to the annual audited financial report filed with the director pursuant to §58-43-4 and shall affirm that the opinion expressed is in conformity with the requirements.

Source: SL 1992, ch 357, §22; SL 2009, ch 271, §40.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 43 - Independent Audit Of Insurers

Section 58-43-1 - Definition of terms.

Section 58-43-2 - Annual audit required--Filing audited financial report--Extension of filing date--Audit committee.

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 58-43-7 - Notification of dismissal or resignation of insurer's accountant--Reporting disagreements.

Section 58-43-8 - Explanation of disagreements between insurer and accountant--Letters from both insurer and accountant to director.

Section 58-43-9 - Qualifications of accountant.

Section 58-43-9.1 - Disqualification of accountant.

Section 58-43-9.2 - Disqualification of accountant for services provided contemporaneously with audit.

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 58-43-9.5 - Preapproval of auditing and nonaudit services by audit committee--SOX compliant entities.

Section 58-43-9.6 - Delegation of preapproval duties.

Section 58-43-9.7 - Disqualification of accountant due to previous employment of partner or senior manager of insurer--Relief from requirement.

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 58-43-13 - Application to file consolidated or combined financial statements--Worksheet--Contents.

Section 58-43-14 - Report of material misstatement of financial condition or that capital and surplus requirements not met--Time limit--Liability of accountant.

Section 58-43-15 - Accountant's action upon awareness of new facts subsequent to filing audited report.

Section 58-43-16 - Written communication as to unremediated material weaknesses in internal controls over financial reporting.

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 58-43-16.5 - Nonindependence of audit committee member for reasons outside the member's control.

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 58-43-16.11 - Materially false or misleading statements or omissions to accountant prohibited.

Section 58-43-16.12 - Coercion, manipulation, or fraudulent influence of accountant prohibited.

Section 58-43-16.13 - Management's Report of Internal Control over Financial Reporting required of certain insurers.

Section 58-43-16.14 - Circumstances under which director may require Management's Report of Internal Control over Financial Reporting.

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 58-43-16.17 - Documentation of assertions made in 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 58-43-16.19 - Confidentiality of Management's Report of Internal Control over Financial Reporting and documentation.

Section 58-43-16.20 - Compliance of insurers retaining independent accountant on July 1, 2009.

Section 58-43-16.21 - Compliance schedule for insurers not 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 58-43-17 - Letter from accountant stating accountant's independent status, background, compliance with chapter and licensing.

Section 58-43-18 - Workpapers.

Section 58-43-19 - Availability of workpapers and communications related to audit between insurer and accountant--Confidentiality of documents.

Section 58-43-20 - Hardship exemption--Hearing.

Section 58-43-21 - Compliance with chapter for year ending December 31, 1993--Foreign insurer for 1994.

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.