58-43-5.1. Examination of financial statements by accountant.
Financial statements furnished pursuant to §58-43-4 shall be examined by the independent certified public accountant. The audit of the insurer's financial statements shall be conducted in accordance with generally accepted auditing standards. In accordance with AU Section 319 of the Professional Standards of the AICPA, Consideration of Internal Control in a Financial Statement Audit as of January 1, 2009, the independent certified public accountant should obtain an understanding of internal control sufficient to plan the audit. To the extent required by AU Section 319, for those insurers required to file a Management's Report of Internal Control over Financial Reporting pursuant to §58-43-16.13, the independent certified public accountant should consider, as that term is defined in Statement on Auditing Standards (SAS) No. 102, Defining Professional Requirements in Statements on Auditing Standards as of January 1, 2009, the most recently available report in planning and performing the audit of the statutory financial statements. Consideration shall be given to the procedures illustrated in the Financial Condition Examiners Handbook promulgated by the National Association of Insurance Commissioners as adopted by the director by rules promulgated pursuant to chapter 1-26, as the independent certified public accountant deems necessary.
Source: SL 2009, ch 271, §14.
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.