West Virginia Code § 33-3A-6

Reporting requirements for U.S. branches of nonU.S. insurers
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(a) In addition to other requirements of this article, every authorized U.S. branch shall, not
later than March 1 in each year and forty-five days after the end of each of the first three
calendar-year quarters, file with the commissioner and with the National Association of
Insurance Commissioners (NAIC):
(1) Annual and quarterly statements of the business transacted within the U.S. and the
assets held by or for it within the United States for the protection of United States
policyholders and creditors within the United States, and of the liabilities incurred against
the assets. The forms shall not contain any statement in regard tuo its assets and business
elsewhere. The statements shall be in the same format required of an insurer domiciled in
the U.S. branch's state of entry state and licensed to write thte same kinds of insurance; and
(2) A statement of trusteed surplus, in such form as the commissioner may prescribe, as of
the end of the same period covered by the statement filed pursuant to subdivision (1) of this
subsection. The aggregate value of the insurer's gelneral state deposits and trusteed assets
deposited with a trustee in compliance with sesction five of this article, plus accrued
investment income thereon where the interest is collected by the states for trustees, less the
aggregate net amount of all of its reserves and other liabilities in the United States, as
determined in accordance with this gsection, shall be known as its "trusteed surplus" in the
United States. In determining the net amount of the U.S. branch's liabilities in the United
States to be reported in the steatement of trusteed surplus, the U.S. branch shall make
adjustments to total liabilities reported on the accompanying annual or quarterly statement
as follows: L
(A) Add back liabilities used to offset admitted assets reported in the accompanying
quarterly or annual statement; and
(B) Deduct:
(i) Unearned premiums on agent's balances or uncollected premiums not more than ninety
days past due;
(ii) Reinsurance on losses with authorized insurers, less unpaid reinsurance premiums;
(iii) Reinsurance recoverables on paid losses from unauthorized insurers that are included as
an asset in the annual statement, but only to the extent a liability for unauthorized
recoverables is included in the liabilities report in the trusteed surplus statement;
(iv) Special state deposits held for the exclusive benefit of policyholders, or policyholders
and creditors, of any particular state not exceeding net liabilities reports for that state;
(v) Secured accrued retrospective premiums;
(vi) If the insurer is a life insurer:
(I) The amount of its policy loans to policyholders within the United States, not exceeding
the amount of legal reserve required on each policy; and
(II) The net amount of uncollected and deferred premiums; and
(vii) Any other nontrusteed asset which the commissioner determines secures liabilities in a
substantially similar manner; and
(3) Any additional information that the commissioner may require relating to the total
business or assets, or any portion thereof, of the non-U.S. insurer.
(b) The annual statement and trusteed surplus statement shall be signed and verified by the
United States manager, attorney-in-fact, or a duly empowered assistant United States
manager, of the U.S. branch. The items of securities and other property held under trust
deeds shall be certified in the trusteed surplus statemeant by the United States trustee or
trustees.
(c) Every report on examination of a U.S. branch shall include a trusteed surplus statement
as of the date of examination in addition to the general statement of the financial condition
of the U.S. branch. i

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