Section 2309.12 - Accountant's Letter of QualificationsThe accountant shall furnish the insurer in connection with, and for inclusion in, the filing of the annual audited financial report, a letter stating:
(a) That the accountant is independent with respect to the insurer and conforms to the standards of the accountant's profession as contained in the Code of Professional Ethics and pronouncements of the AICPA and the Rules of Professional Conduct of the California Board of Accountancy, or similar code;(b) The background and experience in general, and the experience in audits of insurers of the staff assigned to the engagement and whether each is an independent certified public accountant. Nothing within these regulations shall be construed as prohibiting the accountant from utilizing such staff as the accountant deems appropriate where use is consistent with the standards prescribed by generally accepted auditing standards;(c) That the accountant understands the annual audited financial report and the accountant's opinion thereon will be filed in compliance with these regulations and that the commissioner will be relying on this information in the monitoring and regulation of the financial position of insurers;(d) That the accountant consents to the requirements of Section 2309.13 of these regulations and that the accountant consents and agrees to make available for review by the commissioner, or the commissioner's designee or appointed agent, the workpapers, as defined in Section 2309.13;(e) A representation that the accountant is properly licensed by an appropriate state licensing authority and is a member in good standing in the AICPA; and(f) A representation that the accountant is in compliance with the requirements of Section 2309.7 of these regulations.Cal. Code Regs. Tit. 10, § 2309.12
1. New section filed 12-7-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).
2. Change without regulatory effect amending subsections (a)-(c) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Section 900.2, Insurance Code. Reference: Section 900.2, Insurance Code.
1. New section filed 12-7-2009; operative 1-1-2010 pursuant to Government Code section 11343.4(Register 2009, No. 50).
2. Change without regulatory effect amending subsections (a)-(c) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.