(a)

1. (1) There is to be included on or attached to Page 1 of the annual statement for each year the statement of an appointed actuary, entitled “Statement of Actuarial Opinion”, setting forth an opinion relating to reserves and related actuarial items held in support of policies and contracts in accordance with Subpart 5 of this part.
2. (2) However, any company exempted pursuant to Subpart 3 of this part from submitting a statement of actuarial opinion in accordance with Subpart 5 of this part shall include on or attach to Page 1 of the annual statement a statement of actuarial opinion rendered by an appointed actuary in accordance with Subpart 4 of this part.

(b)

1. (1) If in a previous year a company provided a statement of actuarial opinion in accordance with Subpart 4 of this part and in a current year fails the exemption criteria of 23 CAR § 23-303(a), (b), or (e) to again provide an actuarial opinion in accordance with Subpart 4 of this part, the statement of actuarial opinion in accordance with Subpart 5 of this part shall not be required until August 1 following the preceding December 31 date of the annual statement unless otherwise required to provide an actuarial opinion in accordance with 23 CAR § 23-303(e).
2. (2) In this instance, the company shall provide a statement of actuarial opinion in accordance with Subpart 4 of this part with appropriate qualifications noting the intent to subsequently provide a statement of actuarial opinion in accordance with Subpart 5 of this part.