Maine Code § 24-A-6708

Examinations and investigations
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1. Powers, authorities and duties of superintendent. The powers, authorities and duties relating
to examinations and investigations are vested in and imposed upon the superintendent in order for the
superintendent to verify that all captive insurance companies operate in accordance with the provisions
of this chapter.
[PL 2011, c. 90, Pt. I, §6 (AMD).]
2. Confidentiality of examinations documents. All examination reports, preliminary
examination reports or results, working papers, recorded information, documents and copies of any of
these produced by, obtained by or disclosed to the superintendent or any other person in the course of
an examination made under this section are confidential and are not subject to subpoena and may not
be made public by the superintendent or any other person, except to the extent provided in this
subsection. The superintendent may grant access to such information to public officers having
jurisdiction over the regulation of insurance in any other state or country or to law enforcement officers
of this State or any other state or agency of the Federal Government at any time, as long as the officers
receiving the information agree in writing to hold it in a manner consistent with this subsection.
[PL 1997, c. 435, §1 (NEW).]
3. Examinations. At least once in 3 years, and whenever the superintendent determines it to be
prudent, the superintendent shall personally, or by some competent person appointed by the
superintendent, visit each captive insurance company and thoroughly inspect and examine its affairs to
ascertain its financial condition, its ability to fulfill its obligations and whether it has complied with the
provisions of this chapter. The superintendent may enlarge the 3-year period to 5 years, as long as the
captive insurance company is subject to a comprehensive annual audit during the period of a scope
satisfactory to the superintendent by independent auditors approved by the superintendent. The
expenses and charges of the examination must be paid to the State by the company or companies
examined.
[PL 2009, c. 335, §13 (NEW).]

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