§16-14-2 - General requirements for forms.

§16-14-2 General requirements for forms.

         (a) Forms A, B, C, D, E, and F at the end of this chapter are made a part of this chapter. The forms shall be used as guides in the preparation of the statements required by sections 431:11-104 to 431:11-104.5, 431:11-105, and 431:11-106, HRS; they are not intended as blank forms to be filled in. The statements filed shall contain the numbers and captions of all items of the form and the responses shall indicate clearly the items to which they respond. All instructions, whether appearing under the items of the form or elsewhere, shall be omitted, provided that the text set forth for signature and certification requirements shall be followed. Unless expressly provided otherwise, if any item is inapplicable or if the response to an item is in the negative, that response shall be expressly stated.

         (b) Statements shall be prepared electronically. Statements shall be easily readable and suitable for review and reproduction. Debits in credit categories and credits in debit categories shall be designated so as to be clearly distinguishable 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 certified translation into the English language, and any monetary value shown in a foreign currency shall be converted into United States currency.

         (c) Two complete copies of each statement, including exhibits and all other papers and documents filed as part of the statement, shall be filed with the commissioner and shall be signed in the manner prescribed on the form. 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.

         (d) Information required by any item ofForm A, Form B, Form D, Form E, or Form F may be incorporated by reference in response or partial response to any other item. Information contained in any financial statement, annual report, proxy statement filed with a governmental authority, or any other document may be incorporated by reference in response or partial response to any item of Form A, Form B, Form D, Form E, or Form F, provided that the document is filed as an exhibit to the statement. However, documents currently on file with the commissioner which were filed within three years of the date the statement is filed need not be attached as exhibits. Excerpts of documents may be filed as exhibits if the documents are extensive. References to information contained in exhibits or in documents already on file shall clearly identify the material and shall specifically indicate that the material is to be incorporated by reference in response to the item. Material shall not be incorporated by reference in any case where incorporation would render the statement incomplete, unclear, or confusing.

         (e) Where an item requires a summary or outline of the provisions of any document, only a brief description shall be given of the pertinent provisions of the document. The summary or outline may incorporate by reference particular parts of any exhibit or document currently on file with the commissioner filed within three years of the date the statement is filed. Where two or more documents which must be filed as exhibits are substantially identical in all material respects except as to the parties thereto, the dates of execution, or other details, the person filing may file a copy of only one of the documents with a schedule identifying the omitted documents and setting forth the material details in which the documents differ from the documents filed as exhibits.

         (f) In addition to the information expressly required in Form A, Form B, Form C, Form D, Form E, and Form F, the person filing shall include all additional material which may be necessary to make the information contained in the statements not misleading. The person filing may also file exhibits in addition to those expressly required. The exhibits shall be marked to indicate clearly the subject matter to which they refer.

         (g) Changes to Form A, Form B, Form C, Form D, Form E, and Form F shall include on the top of the cover page the phrase: "Change No. to Form " and shall indicate the date of the change and not the date of the original filing.

         (h) If an applicant requests a hearing on a consolidated basis pursuant to section 431:11-104(d)(3), HRS, 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.

        [Eff 3/14/94; am and comp 10/15/16] (Auth: HRS §§431:2-201, 431:11-109) (Imp: HRS §§431:11-104, 431:11-105, 431:11-106)

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