58-43-9.7. Disqualification of accountant due to previous employment of partner or senior manager of insurer--Relief from requirement.
The director may not recognize an independent certified public accountant as qualified for a particular insurer if a member of the board, president, chief executive officer, controller, chief financial officer, chief accounting officer, or any person serving in an equivalent position for that insurer, was employed by the independent certified public accountant and participated in the audit of that insurer during the one-year period preceding the date that the most current statutory opinion is due. This section shall only apply to partners and senior managers involved in the audit.
An insurer may make application to the director for relief from this requirement on the basis of unusual circumstances. The insurer shall file, with the insurer's annual statement filing, the approval for relief with the states that it is licensed in, with the states that it is doing business in, and with the National Association of Insurance Commissioners. If the nondomestic state accepts electronic filing with the National Association of Insurance Commissioners, the insurer shall file the approval in an electronic format acceptable to the National Association of Insurance Commissioners.
Source: SL 2009, ch 271, §13.
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.