(1) On or before March 1 of each calendar year, each viatical settlement provider licensed in this state shall submit the following related to the licensee's activities for the previous calendar year:

(a) a report of the viatical settlement transactions in all states and territories, which shall be submitted on Form VSP 001;

(b) a report of the viatical settlement transactions related to Montana viators, which shall be submitted on Form VSP 002;

(c) a report of the individual mortality of Montana insureds, which shall be submitted on Form VSP 003; and

(d) a certification of the information contained in the reports, which shall be submitted on Form VSPB 001 and shall be filed with the reports.

(2) On or before June 1 of each calendar year, each viatical settlement provider licensed in this state shall submit an annual audited financial statement, if such statements are regularly prepared by or for the viatical settlement provider in the ordinary course of business, or such other financial statements as the commissioner shall require which may include but are not limited to:

(a) a balance sheet reporting assets, liabilities, capital, and surplus;

(b) a statement of operations of the viatical settlement provider for the preceding calendar year;

(c) a statement of changes in capital and surplus; and

(d) a statement of cash flows.

(3) On or before March 1 of each calendar year, each licensed viatical settlement broker shall submit the following related to the licensee's activities for the previous calendar year:

(a) a report of the viatical settlement transactions in all states and territories, which shall be submitted on Form VSB 001;

(b) a report of the viatical settlement transactions related to Montana viators, which shall be submitted on Form VSB 002; and

(c) a certification of the information contained in the reports, which shall be submitted on Form VSPB 001 and shall be filed with the reports.

(4) The following materials promulgated by the national association of insurance commissioners are available from the department at 840 Helena Ave., Helena, Montana 59601, and are incorporated by reference:

(a) Form VSP 001, "Viatical Settlement Provider Report-All States and Territories" (March 2004) ;

(b) Form VSP 002, "Viatical Settlement Provider Report-Montana Insureds Only" (March 2004) ;

(c) Form VSP 003, "Individual Mortality Report-Montana Insureds Only" (March 2004) ;

(d) Form VSB 001, "Viatical Settlement Broker Report-All States and Territories" (March 2004) ;

(e) Form VSB 002, "Viatical Settlement Broker Report-Montana Insureds Only" (March 2004) ; and

(f) Form VSPB 001, "Viatical Settlement Provider/Broker Certification Form" (March 2004) .