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European Insurance and Occupational Pensions Authority

Subsidiaries of an insurance or reinsurance undertaking: conditions

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TITLE III > CHAPTER II > SECTION 1

Article number:  236

Member States shall provide that the rules laid down in Articles 238 and 239 shall apply to any insurance or reinsurance undertaking which is the subsidiary of an insurance or reinsurance undertaking where all of the following conditions are satisfied:

(a) the subsidiary, in relation to which the group supervisor has not made a decision under Article 214(2), is included in the group supervision carried out by the group supervisor at the level of the parent undertaking in accordance with this Title;

(b) the risk-management processes and internal control mechanisms of the parent undertaking cover the subsidiary and the parent undertaking satisfies the supervisory authorities concerned regarding the prudent management of the subsidiary;

(c) the parent undertaking has received the agreement referred to in the third subparagraph of Article 246(4);

(d) the parent undertaking has received the agreement referred to in Article 256(2);

(e) an application for permission to be subject to Articles 238 and 239 has been submitted by the parent undertaking and a favourable decision has been made on such application in accordance with the procedure set out in Article 237.

Metadata

RULEBOOK TOPIC:  SECTION 1 - Group solvency

RULEBOOK CATEGORY:  DIRECTIVE 138/2009/EC (SOLVENCY II DIRECTIVE)

Last update on:  03 May 2021