Tex. Ins. Code Section 401.017
Notice of Adverse Financial Condition or Misstatement of Financial Condition

(a)

An insurer or health maintenance organization required to file an audited financial report under this subchapter shall require the insurer’s or health maintenance organization’s accountant to immediately notify the board of directors of the insurer or health maintenance organization or the insurer’s or health maintenance organization’s audit committee in writing of any determination by that accountant that:

(1)

the insurer or health maintenance organization has materially misstated the insurer’s or health maintenance organization’s financial condition as reported to the commissioner as of the balance sheet date being audited; or

(2)

the insurer or health maintenance organization does not meet the minimum capital and surplus requirements prescribed by this code for the insurer or health maintenance organization as of that date.

(b)

An insurer or health maintenance organization that receives a notice described by Subsection (a) shall:

(1)

provide to the commissioner a copy of the notice not later than the fifth business day after the date the insurer or health maintenance organization receives the notice; and

(2)

provide to the accountant evidence that the notice was provided to the commissioner.

(c)

If the accountant does not receive the evidence required by Subsection (b)(2) on or before the fifth business day after the date the accountant notified the insurer or health maintenance organization under Subsection (a), the accountant shall file with the commissioner a copy of the accountant’s written notice not later than the 10th business day after the date the accountant notified the insurer or health maintenance organization.

(d)

An accountant is not liable to an insurer or health maintenance organization or the insurer’s or health maintenance organization’s policyholders, shareholders, officers, employees, directors, creditors, or affiliates for a statement made under this section if the statement was made in good faith to comply with this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.

Source: Section 401.017 — Notice of Adverse Financial Condition or Misstatement of Financial Condition, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­401.­htm#401.­017 (accessed Apr. 20, 2024).

401.001
Definitions 401.002
Purpose of Subchapter 401.003
Effect of Subchapter on Authority to Examine 401.004
Filing and Extensions for Filing of Audited Financial Report 401.005
Alternative Filing for Canadian or British Insurers or Health Maintenance Organizations 401.006
Exemption for Certain Small Insurers and Health Maintenance Organizations 401.007
Exemption for Certain Foreign or Alien Insurers or Health Maintenance Organizations 401.008
Hardship Exemption 401.009
Contents of Audited Financial Report 401.010
Requirements for Financial Statements in Audited Financial Report 401.011
Qualifications of Accountant 401.012
Hearing on Accountant Qualifications 401.013
Accountant’s Letter of Qualifications 401.014
Registration of Accountant 401.015
Resignation or Dismissal of Accountant 401.016
Audited Combined or Consolidated Financial Statements 401.017
Notice of Adverse Financial Condition or Misstatement of Financial Condition 401.018
Information Discovered After Date of Audited Financial Report 401.019
Report on Significant Deficiencies in Internal Control 401.020
Accountant Work Papers 401.021
Penalty for Failure to Comply 401.051
Duty to Examine Carriers 401.052
Frequency of Examination 401.053
Examination Period 401.054
Powers Related to Examination 401.055
Effect of Subchapter on Authority to Use Information 401.056
Rules Related to Reports and Hearings 401.057
Use of Audit and Work Papers 401.058
Confidentiality of Reports and Related Information 401.059
Determination of Value 401.060
Right to Information Relating to Determination of Value or Market Value 401.061
Disciplinary Action for Failure to Comply with Subchapter 401.062
Stay of Rule, Order, Decision, or Finding 401.101
Use of Department Examiner or Other Qualified Person or Firm 401.102
Legislative Intent as to Appointment or Employment of Examiners and Actuaries 401.103
Appointment of Examiners and Actuaries 401.104
Appointment of Examiners, Actuaries, and Other Persons for Certain Examinations 401.105
Oath of Examiners and Assistants 401.106
Right of Action on Bond 401.107
Registration of Contract Examiners 401.151
Expenses of Examination of Domestic Insurer 401.152
Expenses of Examination of Other Insurers 401.153
Reimbursement of Expenses of Certain Persons or Firms 401.154
Tax Credit Authorized 401.155
Additional Assessments 401.156
Deposit and Use of Assessment and Fee 401.201
Confidentiality of Early Warning System Information 401.251
Definitions 401.252
Self-directed Budget 401.253
Audits 401.254
Records 401.255
Membership in Employees Retirement System
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 401.017’s source at texas​.gov