Haw. Code R. § 16-185-105 - Designation of independent certified public accountant
(a)
Each insurer required by this chapter to file an annual audited financial
report shall within sixty days after becoming subject to this requirement,
register with the commissioner in writing the name and address of the
independent certified public accountant or accounting firm retained to conduct
the annual audit set forth in this chapter Insurers not retaining an
independent certified public accountant on the effective date of this chapter
shall register the name and address of their retained independent certified
public accountant not less than six months before the date when the first
audited financial report is to be filed.
(b) The insurer shall obtain a letter from
the accountant, and file a copy with the commissioner stating that the
accountant is aware of the provisions of the statutes and the rules of the
Hawai`i insurance division or the insurance department of the state of domicile
that relate to accounting and financial matters and affirming that the
accountant will express his or her opinion on the financial statements in terms
of their conformity to the statutory accounting practices prescribed or
otherwise permitted by the Hawai`i insurance division or that insurance
department, specifying such exceptions as he or she may believe appropriate.
(c) If an accountant, who was the
accountant for the immediately preceding filed audited financial report, is
dismissed or resigns, the insurer shall:
(1)
Within five business days notify the commissioner of this event;
(2) Furnish the commissioner with a separate
letter, within ten business days of the notification, stating whether in the
twenty-four months preceding such event there were any disagreements with the
former accountant on any matter of accounting principles or practices,
financial statement disclosure, or auditing scope or procedure, which
disagreements, if not resolved to the satisfaction of the former accountant,
would have caused him or her to make reference to the subject matter of the
disagreement in connection with his or her opinion;
(3) Report disagreements required to be
reported in response to this subsection including both those resolved to the
former accountant's satisfaction and those not resolved to the former
accountant's satisfaction. Disagreements contemplated by this section are those
that occur at the decision-making level, i.e., between personnel of the insurer
responsible for presentation of its financial statements and personnel of the
accounting firm responsible for rendering its report; and
(4) In writing, request the former accountant
to furnish a letter addressed to the insurer stating whether the accountant
agrees with the statements contained in the insurer's letter and, if not,
stating the reasons why that accountant does not agree. The insurer shall
furnish to the commissioner copies of its request within five business days of
sending the request and the responsive letter from the former accountant within
five business days after its receipt.
Notes
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