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European Insurance and Occupational Pensions Authority

Assessment of the application — Recoverability of the funds

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TITLE I > CHAPTER IV > SECTION 1 > SUBSECTION 1

Article number:  64

Supervisory authorities shall take all of the following into account for the purposes of the assessment of the recoverability of the funds referred to in Article 90(4)(b) of Directive 2009/138/EC:

(a) whether the recoverability of the funds is increased as a result of the availability of collateral or an analogous arrangement that complies with Articles 209 to 214;

(b) whether there is any current or foreseeable practical or legal impediment to the recoverability of the funds;

(c) whether the recoverability of the funds is subject to legal or regulatory requirements;

(d) the ability of the insurance or reinsurance undertaking to take action to enforce the counterparties' satisfaction of their commitments under the ancillary own funds item.

Metadata

RULEBOOK TOPIC:  SUBSECTION 1 - Supervisory approval of ancillary own funds

RULEBOOK CATEGORY:  DELEGATED REGULATION (EU) 2015/35

Last update on:  03 May 2021