South Dakota § 58-43-9.5 - Preapproval of auditing and nonaudit services by audit committee--SOX compliant entities.

§ 58-43-9.5. Preapproval of auditing and nonaudit services by audit committee--SOX compliant entities.

Any auditing services or nonaudit services provided to an insurer by the qualified independent certified public accountant of the insurer shall be preapproved by the audit committee. This preapproval requirement is waived with respect to nonaudit services if the insurer is a SOX compliant entity or a direct or indirect wholly-owned subsidiary of a SOX compliant entity or:

(1)    The aggregate amount of all such nonaudit services provided to the insurer constitutes not more than five percent of the total amount of fees paid by the insurer to its qualified independent certified public accountant during the fiscal year in which the nonaudit services are provided;

(2)    The services were not recognized by the insurer at the time of the engagement to be nonaudit services; and

(3)    The services are promptly brought to the attention of the audit committee and approved prior to the completion of the audit by the audit committee or by one or more members of the audit committee who are the members of the board of directors to whom authority to grant such approvals has been delegated by the audit committee.

Source: SL 2009, ch 271, § 11.