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27-6A-5
Section 27-6A-5 Duties of insurer. Insurers shall have the following duties: (1) The insurer
shall have on file an independent financial examination, in a form acceptable to the commissioner,
of each managing general agent with which it has done business. (2) If a managing general
agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for losses incurred and outstanding
on business produced by the managing general agent. This is in addition to any other required
loss reserve certification. (3) The insurer shall periodically, and at least semi-annually,
conduct an onsite review of the underwriting and claims processing operations of the managing
general agent. (4) Binding authority for all reinsurance contracts or participation in insurance
or reinsurance syndicate shall rest with an officer of the insurer, who shall not be affiliated
with the managing general agent. (5) Within 30 days of...
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27-29-7
Section 27-29-7 Confidentiality of documents, materials, or other information; powers of commissioner;
disclosure and sharing of documents, etc. (a) All documents, materials, or other information,
and copies thereof, in the possession or control of the department that are obtained by or
disclosed to the commissioner or any other person in the course of an examination or investigation
made pursuant to Section 27-29-6 and all information reported pursuant to paragraphs l. and
m. of subdivision (l) of subsection (b) of Section 27-29-3, Section 27-29-4, Section 27-29-5,
and Section 27-29-6.2 shall be confidential by law and privileged, shall not be subject to
any open records, freedom of information, sunshine or other public record disclosure laws,
and shall not be subject to subpoena. The commissioner may use the documents, materials, and
other information in the furtherance of any regulatory or legal action in the course of the
commissioner's official duties. The documents, materials,...
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2-8-323
Section 2-8-323 Certified association - Audit. A certified association receiving and disbursing
funds, following the close of its fiscal year every two years, shall cause an audit of its
books and accounts for the two-year period to be conducted by a certified public accountant,
disclosing receipts, disbursements, expenditures, and other related information, and a copy
of the auditor's report shall be forwarded to the board for inspection and review. The Department
of Examiners of Public Accounts may audit, review, and investigate the receipts and disbursements
of the funds in the same manner that those duties are performed for examination and audits
of agencies and departments of the state. Any examination or audit required by this section
shall be open to public inspection. Within 90 days following the close of a certified association's
fiscal year, if it has received any funds from assessments levied and collected pursuant to
this article, the association shall forward a copy of a...
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2-8-363
Section 2-8-363 Certified association - Audit. A certified association receiving and disbursing
funds, following the close of its fiscal year every two years, shall cause an audit of its
books and accounts for the two-year period to be conducted by a certified public accountant,
disclosing receipts, disbursements, expenditures, and other related information, and a copy
of the auditor's report shall be forwarded to the board for inspection and review. The Department
of Examiners of Public Accounts may audit, review, and investigate the receipts and disbursements
of the funds in the same manner that those duties are performed for the examination and audits
of agencies and departments of the state. Any examination or audit required by this section
shall be open to public inspection. Within 90 days following the close of a certified association
fiscal year, if it has received any funds from assessments levied and collected pursuant to
this article, the association shall forward a copy of a...
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27-17A-22
Section 27-17A-22 Violations and penalties. (a)(1) A person who knowingly receives payments
for a preneed contract without having a valid certificate of authority: a. Commits a Class
B felony, punishable as provided by law, as to each contract on which the payments collected
equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500). b. Commits
a Class C felony, punishable as provided by law, as to each contract on which the payments
collected are between, in the aggregate, five hundred dollars ($500) and two thousand five
hundred dollars ($2,500). c. Commits a Class A misdemeanor, punishable as provided by law,
as to each contract on which the payments collected do not exceed, in the aggregate, five
hundred dollars ($500). (2) In addition to the criminal penalty imposed under subdivision
(1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain
a certificate of authority or register as a preneed sales agent. (b)(1) A person who...
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27-2-27
Section 27-2-27 Witnesses and evidence for examination, investigation, or hearing - Compelling
testimony or production of documents, etc.; immunity from prosecution. (a) If any individual
asks to be excused from attending or testifying or from producing any books, papers, records,
contracts, correspondence, or other documents in connection with any examination, hearing,
or investigation being conducted by the commissioner or his examiner on the ground that the
testimony or evidence required of him may tend to incriminate him or subject him to a penalty
or forfeiture and shall, by the Attorney General, be directed to give such testimony or produce
such evidence, he must nonetheless comply with such direction; but he shall not thereafter
be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction,
matter or thing concerning which he may have so testified or produced evidence, and no testimony
so given or evidence produced shall be received against him...
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27-3-26
Section 27-3-26 Annual statement of insurers; furnishing of other information on request. (a)
Each authorized insurer shall, annually on or before March 1, or within such extension of
time not exceeding 30 days after March 1 as the commissioner for good cause shown may grant
as to a particular insurer, file with the commissioner a full and true statement of its financial
condition, transactions and affairs as of the December 31, preceding. The statement shall
be in such general form and context as is in current use for similar reports to states in
general with respect to the type of insurer and kinds of insurance to be reported upon and
as supplemented by additional information required by the commissioner. The statement shall
be verified by the oath of the insurer's president or vice-president and secretary or actuary
as applicable or, if a reciprocal insurer, by the oath of the attorney-in-fact or its like
officers if a corporation. (b) The statement of an alien insurer shall be...
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11-50-355
Section 11-50-355 Annual reports and audits; conflicts of interest of members, agents, or employees
of board; vesting of title to systems in city and dissolution of board upon payment, etc.,
of bonds, etc., in full. (a) Within 60 days after the expiration of each fiscal year the board
shall make an annual report of its activities for the preceding fiscal year to the city. Each
such report shall set forth a complete operating and financial statement covering its operation
during such fiscal year. The board shall cause an audit of its books and accounts to be made
at least once in each year by a certified public accountant or an auditor who is regularly
employed by the State Examiner of Public Accounts, and the cost thereof may be treated as
a part of the cost of operation. (b) Any member, agent, or employee of the board who contracts
with the board or is interested, either directly or indirectly, in any contract with the board
or in the sale of any property, either real or personal, to...
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25-14-6
Section 25-14-6 Prohibited practices. The following acts and omissions are deemed to constitute
deceptive practices and are prohibited for a professional employer organization and its controlling
person: (1) Making, issuing, circulating, or causing to be made an estimate, illustration,
circular, statement, advertisement, sales presentation, omission, or comparison which intentionally
misleads, deceives, or misrepresents the benefits, advantages, disadvantages, conditions,
or terms of any professional employer organization arrangement. (2) Filing with the secretary
or other public official, or making, publishing, disseminating, circulating, or delivering
to a person any false statement of financial condition of a person or business with the intent
to deceive. (3) Knowingly making a false entry of a material fact in any book, report, or
statement of any person or business or knowingly omitting to make a true entry of any material
fact pertaining to the business of the person in any book,...
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27-34-7
Section 27-34-7 License - Foreign or alien societies - Application; qualifications. (a) No
foreign or alien society shall transact business in this state without a license issued by
the commissioner. Any such society may be licensed to transact business in this state upon
filing with the commissioner: (1) A duly certified copy of its charter or articles of incorporation;
(2) A copy of its constitution and laws, certified by its secretary or corresponding officer;
(3) A power of attorney to the commissioner as prescribed in Section 27-34-47; (4) A statement
of its business under oath of its president and secretary, or corresponding officers, in a
form prescribed by the commissioner, duly verified by an examination made by the supervising
insurance official of its home state or other state, territory, province, or country satisfactory
to the commissioner; (5) A certificate from the proper official of its home state, territory,
province, or country that the society is legally incorporated...
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