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The 192nd General Court of the Commonwealth of Massachusetts

Section 25: Annual statements; form; contents

Section 25. Every company shall annually, on or before March first or sixty days from such date authorized by the commissioner, file with the commissioner a statement showing its financial condition on December thirty-first of the previous year or such other date as the commissioner may authorize for such company, and its business of that year. The commissioner may, for cause shown, extend the filing date of the annual statement, or of schedules or exhibits which are a part of such statement or which are required by the commissioner, for not more than sixty days beyond March first or the date authorized by the commissioner in said year.

Such annual statement shall be made on the latest applicable form of annual statement approved by the National Association of Insurance Commissioners appropriate to the several kinds of companies, with any additional information the commissioner may require for filing with the National Association of Insurance Commissioners for the purpose of eliciting a complete and accurate exhibit of the condition and transactions of the companies. All financial information reflected in the annual statement shall be maintained and prepared in accordance with accounting practices and procedures prescribed or permitted by the commissioner. The commissioner shall require that the annual statement be maintained and prepared in accordance with the Annual Statement Instructions and Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners unless further modified by the commissioner as he considers appropriate. The annual statement shall be subscribed and sworn to by its president and secretary or, in their absence, by two of its principal officers. The commissioner may at other times require any such statements as he may deem necessary.

Life companies having both industrial and ordinary policies outstanding shall make two annual statements of receipts and disbursements, one of which shall cover the industrial department and the other the ordinary department; but the aggregate income and disbursements of each department may be carried into its appropriate account in the statement of the other department, and the assets and liabilities of the company shall be so entered in both statements that each shall show the company's entire assets and liabilities. The commissioner may make such further rules as he shall deem necessary for carrying out as completely as possible the separation of accounts intended by this section.

Such statement of a company of a foreign country shall embrace only its business and condition in the United States, and shall be subscribed and sworn to by its resident manager, or, if its resident manager is a corporation, by the president and secretary or other duly authorized officers thereof.

Each domestic, foreign and alien insurer who is authorized to transact insurance in the commonwealth shall annually on or before March first, file with the National Association of Insurance Commissioners a copy of its annual statement convention blank, along with such additional filings as prescribed by the commissioner for the preceding year. The information filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the commissioner and shall include the signed jurat page and the actuarial certification. Any amendment or addendum to the annual statement filing subsequently filed with the commissioner shall also be filed with the National Association of Insurance Commissioners. Foreign insurers that are domiciled in a state which has a law substantially similar to this section shall be deemed in compliance with this section.

In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees, and task forces, their delegates, National Association of Insurance Commissioners employees, and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filings made pursuant to this section shall be acting as agents of the commissioner under the authority of this section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, and analysis or dissemination of the data and information collected from the filings required under this section.

Notwithstanding any other provision of the General Laws, including clause Twenty-sixth of section seven of chapter four and chapter sixty-six, all financial analysis ratios and examination synopses concerning insurance companies that are submitted to the division by the National Association of Insurance Commissioners Insurance Regulatory Information System shall be confidential and shall not be disclosed by the commissioner.

The provisions of this section shall apply to all domestic, foreign and alien insurers who are authorized to transact business in the commonwealth.