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Chapter Law Content

Chapter 3 The Inspection of Internal Control System
Section 3 Audit by an Accountant
Article 26
If the annual financial report of an insurance enterprise is audited and certified by an accountant, the enterprise should also appoint the accountant to conduct an audit of on its internal control system. The accountant should also comment on the correctness of the report submitted by the insurance enterprise to the competent authority and the implementation status of internal control system and regulatory compliance system. The scope of such audit shall also cover the foreign branches of the insurance enterprise.
The competent authority may require the insurance enterprise to appoint an accountant to conduct a special audit of personal information protection and AML/CFT in accordance with the rules set forth by the competent authority.
The audit fee for the accountant may be agreed upon by the insurance enterprise and the accountant and shall be paid by the insurance enterprise.
The provisions of Paragraphs 1 and 2 do not apply to an insurance enterprise under receivership by the competent authority pursuant to law.
Article 27
Where necessary, the competent authority may invite an insurance enterprise and its appointed accountant to discuss audit related matters under the preceding article. If the competent authority finds the accountant appointed by the insurance enterprise not sufficiently competent for the audit work, the competent authority may demand the insurance enterprise to replace its accountant and appoint another accountant to re-conduct the audit work.
Article 28
When an accountant conducts audit provided in Article 26 herein, the accountant should inform the competent authority immediately when the following conditions are found:
1. During the course of audit, the insurance enterprise fails to provide the accountant with requested reports, certificates, account books and meeting minutes, or refuses to make further explanation on the inquiries made by the accountant, or the accountant is unable to continue the audit work as constrained by other objective circumstances.
2. There are false, forged or missing data of serious nature in its accounting or other records.
3. Its assets are insufficient to pay its debts or its financial condition deteriorates significantly.
4. There is evidence indicating that certain transactions may cause material impairment of its net assets.
If an audited insurance enterprise has a situation provided in Subparagraphs 2 ~ 4 of the preceding paragraph, the accountant should submit in advance a summary report based on the audit results to the competent authority.
Article 29
When an insurance enterprise appoints an accountant to conduct audit under Paragraph 1 of Article 26 herein, the enterprise shall, before the end of March each year, submit an independent auditor's report of the previous year to the competent authority for record.
When the competent authority inquires the contents of the independent auditor's report, the accountant should provide detailed and relevant information and explanations.