OAR 836-011-0227: Management’s Report of Internal Control over Financial Reporting

(1) Each insurer required to file an audited financial report pursuant to OAR 836-011-0100 to 836-011-0230 that has annual direct written and assumed premiums of $500,000,000 or more, excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, shall prepare a report of the insurer’s or group of insurers’ internal control over financial reporting. The insurer shall file the report with the Director, along with the Communication of Internal Control Related Matters Noted in an Audit, as described in 836-011-0200. The Management’s Report of Internal Control over Financial Reporting shall be as of December 31 immediately preceding. (2) Notwithstanding the premium threshold in section (1) of this rule, the Director may require an insurer to file a Management’s Report of Internal Control over Financial Reporting if the insurer is in any RBC level event or meets any one or more of the standards of an insurer determined to be in hazardous financial condition as defined in ORS 731.385. (3) An insurer or a group of insurers described in this section may file its or its parent’s Section 404 Report and an addendum in satisfaction of this rule, but only if the internal controls of the insurer or group of insurers having a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements (those items included in OAR 836-011-0140(2) and (3), except for 836-011-0140(2)(a), were included in the scope of the Section 404 Report. This section applies to an insurer or a group of insurers that is: (a) Directly subject to Section 404; (b) Part of a holding company system whose parent is directly subject to Section 404; (c) Not directly subject to Section 404 but is a SOX Compliant Entity; or (d) A member of a holding company system whose parent is not directly subject to Section 404 but is a SOX Compliant Entity. (4) An addendum provided by an insurer or group of insurers under section (3) of this rule must be a positive statement by management that there are no material processes with respect to the preparation of the insurer’s or group of insurers’ audited statutory financial statements (those items included in OAR 836-011-0140(2) and (3), except for 836-011-0140(2)(a)) excluded from the Section 404 Report. If there are internal controls of the insurer or group of insurers that have a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements and those internal controls were not included in the scope of the Section 404 Report, the insurer or group of insurers may file either (i) a report under this rule, or (ii) the Section 404 Report and a report under this rule for those internal controls that have a material impact on the preparation of the insurer’s or group of insurers’ audited statutory financial statements not covered by the Section 404 Report. (5) A Management’s Report of Internal Control over Financial Reporting must include: (a) A statement that management is responsible for establishing and maintaining adequate internal control over financial reporting; (b) A statement that management has established internal control over financial reporting and an assertion, to the best of management’s knowledge and belief, after diligent inquiry, as to whether its internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of financial statements in accordance with statutory accounting principles; (c) A statement that briefly describes the approach or processes by which management evaluated the effectiveness of its internal control over financial reporting; (d) A statement that briefly describes the scope of work that is included and whether any internal controls were excluded; (e) Disclosure of any unremediated material weaknesses in the internal control over financial reporting identified by management as of December 31 immediately preceding; (f) A statement regarding the inherent limitations of internal control systems; and (g) Signatures of the chief executive officer and the chief financial officer (or equivalent position and title). (6) For a Management’s Report of Internal Control over Financial Reporting under section (5) of this rule, management may not conclude that the internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of financial statements in accordance with statutory accounting principles if there is one or more unremediated material weaknesses in its Internal control over financial reporting (7) Management shall document and make available upon financial condition examination the basis upon which its assertions, required in section (5) of this rule, are made. Management may base its assertions, in part, upon its review, monitoring and testing of internal controls undertaken in the normal course of its activities. In addition: (a) Management shall have discretion as to the nature of the internal control framework used, and the nature and extent of documentation, in order to make its assertion in a cost effective manner and, as such, may include assembly of or reference to existing documentation. (b) Management’s Report on Internal Control over Financial Reporting, required by section (1) of this rule, and any documentation provided in support thereof during the course of a financial condition examination, shall be kept confidential by the Department.