EIOPA · 1312

1312

Regulation
(EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article
274
Submitted
2017-11-14
Answered
2019-09-05

Question

Do external experts supporting the assessment or the validation have to be regulated (e.g. auditor, lawyer, financial institution?)

Answer

The Solvency II Delegated Regulation stipulates the requirements for an outsourcing arrangement (Art. 274), and requires in particular for the outsourcing of critical or important operational functions or activities, a detailed examination of the ability, capacity and any authorisations required by law to deliver the required functions or activities satisfactorily.The investment of assets or portfolio management, risk management or actuarial support, the provision of regular compliance advice can be considered to be critical or important operational activities (see Final Report on EIOPA Guidelines on Governance, explanatory text to GL 60, EIOPA-BoS-14/253, page 100).  Proportionate to the responsibilities of the provider, a requirement may involve a professional license.

This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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