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RSS1. Where an appeal is possible in the home Member State against a reorganisation measure, the competent authorities of the home Member State, the administrator or any person entitled to do so in the home Member State shall make public the decision on a reorganisation measure in accordance with the...
1. Where the law of the home Member State requires a claim to be lodged in order for it to be recognised or provides for compulsory notification of a reorganisation measure to creditors whose habitual residence, domicile or head office is situated in that Member State, the competent authorities of...
1. Only the competent authorities of the home Member State shall be entitled to take a decision concerning the opening of winding-up proceedings with regard to an insurance undertaking, including its branches in other Member States. This decision may be taken in the absence, or following the...
1. The decision to open winding-up proceedings with regard to an insurance undertaking, the winding-up proceedings and their effects shall be governed by the law applicable in the home Member State unless otherwise provided in Articles 285 to 292.2. The law of the home Member State shall determine...
1. Member States shall ensure that insurance claims take precedence over other claims against the insurance undertaking in one or both of the following ways:(a) with regard to assets representing the technical provisions, insurance claims shall take absolute precedence over any other claim on the...
1. The Solvency Capital Requirement shall be calculated on the basis of each of the underlying assets of collective investment undertakings and other investments packaged as funds (look-through approach). 2. The look-through approach referred to in paragraph 1 shall also apply to the following: (a...
Notwithstanding Article 210(2), where insurance or reinsurance undertakings transfer underwriting risk using reinsurance contracts or special purpose vehicles that are subject to material basis risk from a currency mismatch between underwriting risk and the risk-mitigation technique, insurance or...
1.For the purposes of Article 109 of Directive 2009/138/EC, insurance and reinsurance undertakings shall determine whether the simplified calculation is proportionate to the nature, scale and complexity of the risks by carrying out an assessment which shall include all of the following: (a) an...
1. Where Articles 88 and 89 are complied with, captive insurance and captive reinsurance undertakings may calculate the capital requirement for non-life premium and reserve risk as follows: SCR nl prem res = sqrt(0.65 * sum_s NL_(pr,s)^2 + 0.35 * (sum_s NL_(pr,s))^2)where the s covers all segments...
Where Article 88 is complied with, insurance and reinsurance undertakings may calculate the capital requirement for life mortality risk as follows: SCR mortality= 0,15 * q* sum_(k=1 to n)CAR k * CAR((1-q)^(k-1)/(1+ i_k)^ (k-0,5)) where, with respect to insurance and reinsurance policies with a...