Sec. 31.05.11.09. Notification of Adverse Financial Condition

A. The insurer required to furnish the annual audited financial report shall require the independent certified public accountant to report, in writing, within 5 business days to the board of directors or its audit committee any determination by the independent certified public accountant that the insurer has materially misstated its financial condition as reported to the Commissioner as of the balance sheet date currently under audit, or that the insurer does not meet the minimum capital and surplus requirement of Insurance Article, Annotated Code of Maryland, as of that date.

B. An insurer that has received a report pursuant to §A of this regulation shall forward a copy of the report to the Commissioner within 5 business days of receipt of the report and shall provide the independent certified public accountant making the report with evidence of the report being furnished to the Commissioner.

C. If the independent certified public accountant fails to receive the evidence within the required 5 business day period, the independent certified public accountant shall furnish to the Commissioner a copy of its report within the next 5 business days.

D. An independent certified public accountant is not liable in any manner to any person for any statement made in connection with §A, B, or C of this regulation, if the statement is made in good faith in compliance with those sections.

E. If an accountant, subsequent to the date of the audited financial report filed pursuant to this chapter, becomes aware of facts that might have affected the accountant's report, the Commissioner notes the obligation of the accountant to take such action as prescribed in Volume 1, Section AU 561 of the Professional Standards of the AICPA.