Current through Register 1531, September 27, 2024
(1)
General
Requirements.
(a) Forms A, B, C,
D, and F are intended to be guides in the preparation of the statements
required by M.G.L. c. 175, §§ 206B and 206C. They are not intended to
be blank forms which 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
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.
(b) Each statement including
exhibits and all other papers and documents filed as a part thereof, shall be
filed with the Commissioner. A copy of Form C shall be filed in each state in
which an insurer is authorized to do business, if the Commissioner of that
state has notified the insurer of its request in writing, in which case the
insurer has 30 days from receipt of the notice to file such form. At least one
version shall be manually or electronically signed in the manner prescribed on
the form. All 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
the power of attorney or other authority shall also be filed with the
statement.
(c) Statements should be
prepared electronically and may be filed with Division via
email unless otherwise directed by the Commissioner. Electronic signatures
shall be acceptable on all forms. The Commissioner may, however, request a
paper or electronic filing at any time regardless of the initial filing
submission format. Exhibits and financial statements, unless specifically
prepared for the filing, may be submitted in their original size. Any submitted
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.
(2)
Incorporation by Reference, Summaries and Omissions.
(a) Information required by any item of Form
A, Form B, Form D 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 or Form F 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 which were filed within 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 such material is to be incorporated by
reference in answer to the item. Matter shall not be incorporated by reference
in any case where the incorporation would render the statement incomplete,
unclear or confusing.
(b) 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 the statement, the summary or outline may incorporate by
reference particular parts of any exhibit or document currently on file with
the 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 of the documents need be filed with a schedule identifying the
omitted documents and setting forth the material details in which the documents
differ from the documents, a copy of which is filed.
(3)
Forms - Information Unknown
or Unavailable and Extension of Time to Furnish.
(a) 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:
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
that person for the information.
(b) 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 a separate request:
1. Identifying the information, document or
report in question;
2. Stating why
the filing thereof at the time required is impractical; and
3. 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.
(4)
Additional Information and
Exhibits. In addition to the information expressly required to be
included in Form A, Form B, Form C, Form D and Form F, the Commissioner may
request such further 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. The exhibits shall be so marked as to indicate clearly the
subject matters to which they refer.
(5)
Forms -
Amendments. Any amendments to Forms A, B, C, D, or F shall include
on the top of the cover page the phrase: "Amendment No. ------------- to" and
shall indicate the date of the change and not the date of the original
filing.