Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 7-05 -- What Schedules Are to Be Filed

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(a) Except as expressly provided otherwise in the applicable form:



(1) The schedule specified below in this section as Schedules I shall be as of the date of the most recent audited balance sheet for each person or group.


(2) The schedules specified below in this section as Schedule IV and V shall be filed for each period for which an audited income statement is required to be filed for each person or group.


(3) Schedules II, III and V shall be filed as of the date and for periods specified in schedule.



(b) When information is required in schedules for both the registrant and the registrant and its subsidiaries consolidated it may be presented in the form of a single schedule:

Provided,

That items pertaining to the registrant are shown separately and that such single schedule affords a properly summarized presentation of the facts. If the information required by any schedule (including the notes thereto) may be shown in the related financial statement or in a note thereto without making such statement unclear or confusing, that procedure may be followed and the schedule omitted.


(c) The schedules shall be examined by the independent accountant.


Schedule I-Summary of investments-other than investments in related parties. The schedule prescribed by Rule 12-15 shall be filed in support of caption 1 of the most recent audited balance sheet.


Schedule II-Condensed financial information of registrant. The schedule prescribed by Rule 12-04 shall be filed when the restricted net assets (Rule 4-08(e)(3)) of consolidated subsidiaries exceed 25 percent of consolidated net assets as of the end of the most recently completed fiscal year. For purposes of the above test, restricted net assets of consolidated subsidiaries shall mean that amount of the registrant's proportionate share of net assets of consolidated subsidiaries (after intercompany eliminations) which as of the end of the most recent fiscal year may not be transferred to the parent company by subsidiaries in the form of loans, advances or cash dividends without the consent of a third party (i.e., lender, regulatory agency, foreign government, etc.). Where restrictions on the amount of funds which may be loaned or advanced differ from the amount restricted as to transfer in the form of cash dividends, the amount least restrictive to the subsidiary shall be used. Redeemable preferred stocks (Rule 7-03.21) and minority interests shall be deducted in computing net assets for purposes of this test.


Schedule III-Supplementary insurance information. The schedule prescribed by Rule 12-16 shall be filed giving segment detail in support of various balance sheet and income statement captions. The required balance sheet information shall be presented as of the date of each audited balance sheet filed, and the income statement information shall be presented for each period for which an audited income statement is required to be filed, for each person or group.


Schedule IV-Reinsurance. The schedule prescribed by Rule 12-17 shall be filed for reinsurance ceded and assumed.


Schedule V-Valuation and qualifying accounts. The schedule prescribed by Rule 12-09 shall be filed in support of valuation and qualifying accounts included in the balance sheet [see Rule 4-02].


Schedule VI-Supplemental information concerning property-casualty insurance operations. The information required by Rule 12-18 shall be presented as of the same dates and for the same periods for which the information is reflected in the audited consolidated financial statements required by Rule 3-01 and 3-02. The schedule may be omitted if reserves for unpaid property-casualty claims and claim adjustment expenses of the registrant and its consolidated subsidiaries, its unconsolidated subsidiaries and its 50%-or-less-owned equity basis investees did not in the aggregate, exceed one-half of common stockholders' equity of the registrant and its consolidated subsidiaries as of the beginning of the fiscal year. For purposes of this test, only the proportion. ate share of the registrant and its other subsidiaries in the reserves for unpaid claims and claim adjustment expenses of 50%-or-less-owned equity investees taken in the aggregate after intercompany elimination shall be taken into account.

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