NDAC 45-03-20-15
Internal audit function requirements
Cite as N.D. Admin. Code ยง 45-03-20-15
1.
Exemption. An insurer is exempt from the requirements of this section if:
a.
The insurer has annual direct written and unaffiliated premium, including international
direct and assumed premium, but excluding premiums reinsured with the federal crop
insurance corporation and federal flood program, less than five hundred million dollars;
and
b.
If the insurer is a member of a group of insurers, the group has annual direct written and
unaffiliated assumed premium, including international direct and assumed premium, but
excluding premiums reinsured with the federal crop insurance corporation and federal
flood program, less than one billion dollars.
An insurer or group of insurers exempt from the requirements of this section is encouraged,
but not required, to conduct a review of the insurer business type, sources of capital, and
other risk factors to determine whether an internal audit function is warranted. The potential
benefits of an internal audit function should be assessed and compared against the estimated
costs.
2.
Function. The insurer or group of insurers shall establish an internal audit function providing
independent, objective, and reasonable assurance to the audit committee and insurer
management regarding the insurer's governance, risk management, and internal controls.
This assurance shall be provided by performing general and specific audits, reviews, and tests
and by employing other techniques deemed necessary to protect assets, evaluate control
effectiveness and efficiency, and evaluate compliance with policies and regulations.
3.
Independence. To ensure internal auditors remain objective, the internal audit function must
be organizationally independent. Specifically, the internal audit function may not defer ultimate
judgment on audit matters to others, and must appoint an individual to head the internal audit
function who has direct and unrestricted access to the board of directors. Organizational
independence does not preclude dual-reporting relationships.
4.
Reporting. The head of the internal audit function shall report to the audit committee regularly,
but no less than annually, on the periodic audit plan, factors that may adversely impact the
internal audit function's independence or effectiveness, material findings from completed
audits, and the appropriateness of corrective actions implemented by management as a result
of audit findings.
5.
Additional requirements. If an insurer is a member of an insurance holding company system or
included in a group of insurers, the insurer may satisfy the internal audit function requirements
set forth in this section at the ultimate controlling parent level, an intermediate holding
company level, or the individual legal entity level.