Haw. Code R. § 16-14-2 - General requirements for forms
(a) Forms A, B, C,
D, E, and F at the end of this chapter are made a part of this chapter. The
forms shall be used as guides in the preparation of the statements required by
sections
431:11-104
to
431:11-104.5,
431:11-105,
and
431:11-106,
HRS; they are not intended as blank forms to be filled in. The statements filed
shall contain the numbers and captions of all items of the form and the
responses shall indicate clearly the items to which they respond. All
instructions, whether appearing under the items of the form or elsewhere, shall
be omitted, provided that the text set forth for signature and certification
requirements shall be followed. Unless expressly provided otherwise, if any
item is inapplicable or if the response to an item is in the negative, that
response shall be expressly stated.
(b) Statements shall be prepared
electronically. Statements shall be easily readable and suitable for review and
reproduction. Debits in credit categories and credits in debit categories shall
be designated so as to be clearly distinguishable on photocopies. Statements
shall be in the English language, and monetary values shall be stated in United
States currency. If any exhibit or other paper or document filed with the
statement is in a foreign language, it shall be accompanied by a certified
translation into the English language, and any monetary value shown in a
foreign currency shall be converted into United States currency.
(c) Two complete copies of each statement,
including exhibits and all other papers and documents filed as part of the
statement, shall be filed with the commissioner and shall be signed in the
manner prescribed on the form. If the signature of any person is affixed
pursuant to a power of attorney or other similar authority, a copy of the power
of attorney or other authority shall also be filed with the
statement.
(d) Information required
by any item of Form A, Form B, Form D, Form E, or Form F may be incorporated by
reference in response or partial response to any other item. Information
contained in any financial statement, annual report, proxy statement filed with
a governmental authority, or any other document may be incorporated by
reference in response or partial response to any item of Form A, Form B, Form
D, Form E, or Form F, provided that the document is filed as an exhibit to the
statement. However, documents currently on file with the commissioner which
were filed within three years of the date the statement is filed need not be
attached as exhibits. Excerpts of documents may be filed as exhibits if the
documents are extensive. References to information contained in exhibits or in
documents already on file shall clearly identify the material and shall
specifically indicate that the material is to be incorporated by reference in
response to the item. Material shall not be incorporated by reference in any
case where incorporation would render the statement incomplete, unclear, or
confusing.
(e) Where an item
requires a summary or outline of the provisions of any document, only a brief
description shall be given of the pertinent provisions of the document. The
summary or outline may incorporate by reference particular parts of any exhibit
or document currently on file with the commissioner filed within three years of
the date the statement is filed. Where two or more documents which must be
filed as exhibits are substantially identical in all material respects except
as to the parties thereto, the dates of execution, or other details, the person
filing may file a copy of only one of the documents with a schedule identifying
the omitted documents and setting forth the material details in which the
documents differ from the documents filed as exhibits.
(f) In addition to the information expressly
required in Form A, Form B, Form C, Form D, Form E, and Form F, the person
filing shall include all additional material which may be necessary to make the
information contained in the statements not misleading. The person filing may
also file exhibits in addition to those expressly required. The exhibits shall
be marked to indicate clearly the subject matter to which they refer.
(g) Changes to Form A, Form B, Form C, Form
D, Form E, and Form F shall include on the top of the cover page the phrase:
"Change No. to Form " and shall indicate the date of the change and not the
date of the original filing.
(h) If
an applicant requests a hearing on a consolidated basis pursuant to section
431:11-104(d)(3),
HRS, in addition to filing the Form A with the commissioner, the applicant
shall file a copy of Form A with the National Association of Insurance
Commissioners in electronic form.
Notes
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