Question ID: 2394
Regulation Reference: (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Topic: Solvency Capital Requirement (SCR)
Article: 169 and 184 of Delegated Regulation (EU) No 2015/35
Status: Final
Date of submission: 22 Feb 2022
Question
Assume the value of a participation in accordance with Article 75 of Directive 2009/138/EC and Article 13 of Commission Delegated Regulation (EU) 2015/35 is negative.
How should the participation be treated for the purpose of calculating the solvency capital requirement for equity risk and for market risk concentration under the standard formula? Should the negative value be taken into account in the calculation or should it be assumed that the value of the undertaking is null for the purpose of that calculation?
EIOPA answer
The answer to this question is provided by the European Commission.
Pursuant to Article 169 of Commission Delegated Regulation (EU) 2015/35, the standard formula capital requirement for equity risk shall be equal to the loss in the basic own funds that would result from an instantaneous decrease equal to a certain percentage in the value of an equity investment.
For that purpose, the value of the equity investment should never be assumed to be negative, i.e. where the value is negative, the value to be used for the purpose of calculating the equity risk should be null.
Article 184 of the Delegated Regulation specifies the formula calculation of the market risk concentration sub-module. For that purpose as well, assets should never be assumed to have a negative value.
Disclaimer provided by the European Commission:
The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies, in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.