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<section article="gin" article_name="Insurance" number="4-118" title_number="4" title_name="General Requirements for Insurers" subtitle_number="1" subtitle_name="Certificates of Authority">
  <level label="a">
    <text>The Commissioner may not recognize any person as a qualified independent certified public accountant unless the person:</text>
    <level label="1">
      <text>is in good standing:</text>
      <level label="i">
        <text>with the Maryland State Board of Public Accountancy; and</text>
      </level>
      <level label="ii">
        <text>with the appropriate state board of accountancy of any other state in which the accountant is licensed to practice; or</text>
      </level>
    </level>
    <level label="2">
      <text>in the case of a Canadian or British accountant, is a chartered accountant.</text>
    </level>
  </level>
  <level label="b">
    <text>Except as otherwise provided in this section, an independent certified public accountant shall be recognized as qualified as long as the accountant conforms to:</text>
    <level label="1">
      <text>for any certified public accountant not licensed in this State, the standards of the accountancy profession, as contained in the Code of Professional Ethics of the American Institute of Certified Public Accountants; or</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Title 2 of the Business Occupations and Professions Article; and</text>
      </level>
      <level label="ii">
        <text>the regulations and rules of professional conduct established by the Maryland State Board of Public Accountancy.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <level label="i">
        <text>A partner in an accounting firm responsible for preparing an audited financial report under § 4–116 of this subtitle for an insurer may not act in that capacity for more than 5 consecutive years for the same insurer.</text>
      </level>
      <level label="ii">
        <text>If a partner in an accounting firm responsible for preparing an audited financial report under § 4–116 of this subtitle for an insurer exceeds 5 consecutive years in that capacity, the partner shall be disqualified from acting in the same or similar capacity for that insurer or its insurance subsidiaries or affiliates for a period of not less than 5 consecutive years.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>An insurer may apply to the Commissioner for an exception from the prohibition of paragraph (1) of this subsection on the basis of unusual circumstances.</text>
      </level>
      <level label="ii">
        <text>In determining whether unusual circumstances exist that would justify the granting of an exception, the Commissioner may consider:</text>
        <level label="1">
          <text>the number of partners in the accounting firm currently used by the insurer, the expertise of the partners in that firm, and the number of insurance clients of that firm;</text>
        </level>
        <level label="2">
          <text>the premium volume of the insurer; and</text>
        </level>
        <level label="3">
          <text>the number of jurisdictions in which the insurer transacts business.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The Commissioner may not recognize as a qualified independent certified public accountant, or accept any audited financial report prepared in whole or in part by, any individual who:</text>
    <level label="1">
      <text>has been convicted of fraud, bribery, a violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968, or any dishonest conduct or practices under federal or State law;</text>
    </level>
    <level label="2">
      <text>has violated the insurance laws of this State with respect to any audited financial reports previously submitted by that individual;</text>
    </level>
    <level label="3">
      <text>has violated any provision of Title 2 of the Business Occupations and Professions Article or any regulation or rule of professional conduct established by the State Board of Public Accountancy; or</text>
    </level>
    <level label="4">
      <text>has demonstrated a pattern or practice of failing to detect or disclose material information in any audited financial reports previously submitted by that individual.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Subject to §§ 2-210 through 2-215 of this article, the Commissioner may hold a hearing to determine whether a certified public accountant is qualified.</text>
    </level>
    <level label="2">
      <text>After considering the evidence presented at the hearing, the Commissioner shall rule on whether the accountant is qualified for purposes of expressing an opinion on the financial statements in the audited financial report required under § 4-116 of this subtitle.</text>
    </level>
    <level label="3">
      <text>If the Commissioner finds that the accountant is not qualified, the Commissioner shall require the insurer to replace the accountant with another who is qualified as provided under this section.</text>
    </level>
  </level>
</section>
