Insurers Urge NAIC Model To Go SOXless

June 30, 2004 at 08:00 PM
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Changes to a Model Audit Rule model regulation that would incorporate elements of the Sarbanes Oxley Act of 2002 in the model continue to receive vigorous reaction as witnessed by comments made during the summer meeting of the National Association of Insurance Commissioners, Kansas City, Mo.

The debate continues even as the Securities and Exchange Commission, Washington, announced approval of an auditing standard to help companies comply with Section 404 of SOX. The SEC announcement was made on June 18. Section 404 of SOX requires public companies to include in annual reports a management report on the companys internal control over financial reporting and an accompanying auditors report.

Provisions that are similar to Section 404 now in the Model Audit Rule draft would require nonpublic companies to adhere to the requirements that public companies now have. An exemption would be put in place for companies with less than $25 million in premium.

During a recent public hearing on the matter, regulators listened as insurers explained why it would impose a burden on them.

Regulators maintain that the changes are needed so that they can better regulate the solvency of companies but agreed to listen to concerns before they decide on changes.

Doug Stolte, a deputy commissioner with the Virginia insurance bureau, also noted that the requirements in SOX are becoming an international business standard and the insurance industry cannot afford to be the only industry that does not address it.

One of the major concerns insurers are expressing over the proposed changes is the potential cost.

Compliance with Section 404 of SOX, which state regulators want to mirror in the revision to the Model Audit Rule model, is the number one cause of increased costs cited by a survey of public companies sponsored by Foley & Lardner LLP, a national law firm. Sixty-three percent of respondents raised the concern, followed by 15% who cited legal expenses as having the greatest impact on increased costs.

Trade groups expressing concern include the American Council of Life Insurers and the American Insurance Association, both in Washington; the National Association of Mutual Insurance Companies, Indianapolis; and the Property Casualty Insurance Association of America, Des Plaines, Ill.

Randi Reichel, a representative with the Americas Health Insurance Plans, Washington, noted the confusion that possible conflicts between state and federal SOX requirements might cause.

"Poor managers with strong internal controls are still poor managers. Skilled managers with criminal intent can find a way around guidelines," said Steve McManus, a representative with State Farm Insurance Companies, Bloomington, Ill., said.

AIA representative Phil Carson said that a possible solution would be to have the audited report that a company files on its financial statements include an "affirmative declaration" regarding the effectiveness of internal controls rather than a separate report. This could be done without a lot of additional cost, he offered.


Reproduced from National Underwriter Edition, July 1, 2004. Copyright 2004 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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