Question ID: 2908
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: 197(7)
Status: Rejected
Date of submission: 28 Nov 2023
Question
Where the reinsurance arrangement is with an insurance or reinsurance undertaking or a third country insurance or reinsurance undertaking and 60 % or more of that counterparty's assets are subject to collateral arrangements, following amendment 2019/981, should the LGD formula reference F''' rather than F' as was referenced prior to amendment 2019/981 (ie. F' is a typographical error and should say F''')?
EIOPA answer
This question has been rejected because the issue it deals with is already addressed in Article 197(7) of Commission Delegated Regulation (EU) 2015/35:
“7. Where, in case of insolvency of the counterparty, the determination of the insurance or reinsurance undertaking's proportional share of the counterparty's insolvency estate in excess of the collateral does not take into account that the undertaking receives the collateral, the factors F, F', F'' and F''' referred to in Article 192(2) to (3c) shall all be 100 %. In all other cases these factors shall be 50 %, 18 % 16 % and 90 % respectively.”