Current through Register Vol. 50, No. 9, September 20, 2024
A.
General Requirements
1. Forms A, B, C, D, E
and F are intended to be guides in the preparation of the statements required
by
R.S.
22:691.4, 691.5, 691.6, and 691.7. They are
not intended to be blank forms which are to be filled in. These statements
filed shall contain the numbers and captions of all items, but the text of the
items may be omitted provided the answers thereto 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 therein, are to be
omitted. Unless expressly provided otherwise, if any item is inapplicable or
the answer thereto is in the negative, an appropriate statement to that effect
shall be made.
2. A complete copy
of each statement, including exhibits and all other papers and documents filed
as a part thereof, shall be filed with commissioner by U.S. Mail, or as
provided by LAC 37:XI.Chapter 9, addressed to: Insurance Commissioner of the
State of Louisiana, P.O. Box 94214, Baton Rouge, LA 70804-9214, Attention:
(Chief Examiner). The statement shall be manually signed in the manner
prescribed on the form. Unsigned copies shall be conformed. If the signature of
any person is affixed pursuant to a power of attorney or other similar
authority, a copy of such power of attorney or other authority shall also be
filed with the statement.
3.
Statements should be prepared either electronically or on paper 8 1/2" x 11" in
size and preferably bound at the top or the top left corner. Exhibits and
financial statements, unless specifically prepared for the filing, may be
submitted in their original size. 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 on photocopies.
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.
4. If an applicant requests a hearing on a
consolidated basis under
R.S.
22:691.4(E)(3), in addition
to filing the form A with the commissioner, the applicant shall file a copy of
form A with the National Association of Insurance Commissioners in electronic
form.
B.
Forms-Incorporation by Reference, Summaries, and Omissions
1. Information required by an item of form A,
form B, form D, form E or form F 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, form D, form E or form F provided
such 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 which were filed within three years
need not to 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 such material is to be incorporated by
reference in answer to the item. Matter shall not be incorporated by reference
in any case where such incorporation would render the statement incomplete,
unclear, or confusing.
2. Where 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 such statement, the summary or outline may incorporate by
reference particular parts of any exhibit or document currently on file with
commissioner which was filed within three years and may be qualified in its
entirety by such reference. In any case where 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 such documents need be filed with a schedule identifying the
omitted documents and setting forth the material details in which such
documents need be filed with a schedule identifying the omitted documents and
setting forth the material details in which such documents differ from the
documents a copy of which is filed.
C. Forms-Information Unknown or Unavailable
and Extension of Time to Furnish
1.
Information required need 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:
a. 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
b. 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 such person for the information.
2. If it is impractical to furnish any
required information, document, or report at the time it is required to be
filed, there may be filed with the commissioner as a separate document:
a. identifying the information, document, or
report in question;
b. stating why
the filing thereof at the time required is impractical; and
c. requesting an extension of time for filing
the information, document, or report to a specified date. The request for
extension shall be deemed granted unless the commissioner within 30 days after
receipt thereof enters an order denying the request.
D. Forms-Additional Information
and Exhibits. In addition to the information expressly required to be included
in forms A, B, C, D, E or F there shall be added such other material
information, if any, as may be necessary to make the information contained
therein not misleading. The person filing may also file such exhibits as it may
desire in addition to those expressly required by the statement. Such exhibits
shall be so marked as to indicate clearly the subject matters to which they
refer. Changes to forms A, B, C, D, E or F shall include on the top of the
cover page the phrase: "Change Number (insert number) to" and shall indicate
the date of the change and not the date of the original filing.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
22:691.1-691.27.