North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 11 - FINANCIAL EVALUATION DIVISION › Subchapter B - SPECIAL PROGRAMS › Section .0200 - INSURANCE HOLDING COMPANY SYSTEMS › Section 11B .0216 - FORMS GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Forms
				  A, B, C, and D are guides in the preparation of the statements required by
				  G.S.
				  58-19-15,
				  58-19-25, and
				  58-19-30. They are not blank forms
				  that are to be filled in. The statements filed shall contain the numbers and
				  captions of all items, but the text of the items may be omitted if the answers
				  to the items are prepared in such a manner as to indicate clearly the scope and
				  coverage of the items. All instructions, whether appearing under the items of
				  the form or elsewhere in the form, are to be omitted. Unless expressly provided
				  otherwise, if any item is inapplicable or the answer to the item is in the
				  negative, a statement to that effect shall be made.
(b) One complete copy of each statement,
				  unless otherwise prescribed by the Commissioner, including exhibits and all
				  other papers and documents filed as a part of the statement, shall be filed
				  with the Commissioner by mail addressed to: Insurance Commissioner, State of
				  North Carolina, Financial Compliance Section, P.O. Box 26387, Raleigh, North
				  Carolina, 27611. The copy or copies shall be manually signed in the manner
				  prescribed on the form. If the signature of any person is affixed under 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.
(c) Statements shall be prepared on paper 8
				  1/2" x 11" in size and bound at the top or the top left-hand corner. Exhibits
				  and financial statements, unless specifically prepared for the filing, may be
				  submitted in their original sizes. All copies of any statement, financial
				  statements, or exhibits shall be clear, easily readable, and suitable for
				  photocopying. Debits in credit categories and credits in debit categories shall
				  be designated so as to be clearly distinguishable as such. 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 translation into the
				  English language and any monetary value shown in a foreign currency normally
				  shall be converted into United States currency.
(d) Information required by an item of Form
				  A, Form B, or Form D may be incorporated by reference in answer or partial
				  answer to any other item. Information contained in any financial statement,
				  annual report, proxy statement, statement filed with a governmental authority,
				  or any other document may be incorporated by reference in answer or partial
				  answer to any item of Form A, Form B, or Form D, provided the document or paper
				  is filed as an exhibit to the statement. Excerpts of documents may be filed as
				  exhibits if the documents are extensive. Documents currently on file with the
				  Commissioner that had been filed within the preceding three years need not be
				  attached as exhibits. 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
				  answer to the item. Matter shall not be incorporated by reference if
				  incorporation would render the statement incomplete, unclear, or
				  confusing.
(e) If an item requires
				  a summary or outline of the provisions of any document, only a brief statement
				  shall be made as to the pertinent provisions of the document. In addition to
				  this statement, the summary or outline may incorporate by reference particular
				  parts of any exhibit or document currently on file with the Commissioner that
				  had been filed within the preceding three years and may be qualified in its
				  entirety by the reference. If two or more documents required to be filed as
				  exhibits are substantially identical in all material respects except as to the
				  parties thereto, the dates of execution, or other details, a copy of only one
				  of the documents may be filed, along with a schedule identifying the omitted
				  documents and setting forth the material details in which those documents
				  differ from the documents filed.
(f) Information required shall be given only
				  insofar as it is known or reasonably available to the person filing the
				  statement. If any required information is unknown and not reasonably available
				  to the person filing, either because the obtaining thereof would involve
				  unreasonable effort or expense, or because it rests peculiarly within the
				  knowledge of another person not affiliated with the person filing, the
				  information may be omitted, subject to the following conditions:
(1) The person filing shall give such
				  information on the subject as it possesses or can acquire without unreasonable
				  effort or expense, together with the sources thereof; and
(2) The person filing shall include a
				  statement either showing that unreasonable effort or expense would be involved
				  or indicating the absence of any affiliation with the person within whose
				  knowledge the information rests and stating the result of a request made to the
				  person for the information.