(a) In addition to the annual audited financial report, each insurer shall furnish the commissioner with a written communication as to any unremediated material weaknesses in its internal control over financial reporting noted by the accountant during the audit. Such communication shall be prepared by the accountant within sixty days after the filing of the annual audited financial report, and shall contain a description of any unremediated material weakness, as the term material weakness is defined by Statement on Auditing Standards (SAS) No. 60, "Communication of Internal Control Related Matters Noted in an Audit" or its replacement, as of December 31 immediately preceding, so as to coincide with the audited financial report discussed in subsection (a), section three of this article, in the insurer's internal control over financial reporting noted by the accountant during the course of their audit of the financial statements. If no unremediated material weaknesses were noted, the communication should so state.
(b) The insurer is required to provide a description of remedial actions taken or proposed to correct unremediated material weaknesses, if the actions are not described in the accountant's communication.
Structure West Virginia Code
Article 33. Annual Audited Financial Report
§33-33-1. Declaration of Policy and Purpose
§33-33-4. Contents of Annual Audited Financial Report
§33-33-5. Designation of Independent Certified Public Accountant
§33-33-6. Qualifications of Independent Certified Public Accountants
§33-33-7. Consolidated or Combined Audits
§33-33-8. Scope of Audit and Report of Independent Certified Public Accountant
§33-33-9. Notification of Adverse Financial Condition
§33-33-10. Communication of Internal Control Related Matters Noted in an Audit
§33-33-10a. Accountant's Letter of Qualifications
§33-33-12. Requirements for Audit Committees
§33-33-12a. Internal Audit Function Requirements
§33-33-13. Conduct of Insurer in Connection With the Preparation of Required Reports and Documents
§33-33-14. Canadian and British Companies
§33-33-15. Management's Report of Internal Control Over Financial Reporting