EIOPA · 1313

1313

Regulation
(EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article
261
Submitted
2017-11-14
Answered
2017-11-14

Question

Can the qualification process be performed AFTER the investment was made?

Answer

The Delegated Regulation (Article 261a(1)) states, that prior to making a qualified investment, the undertaking shall conduct due diligence on the how the project satisfies the criteria. This implies that the qualification should be ascertained before the investment is made. During the monitoring of the investment it may occur that the investment no longer fulfils the criteria of a qualifying infrastructure investment. Existing investments may also satisfy the requirements on an ulterior basis.  In that case, would need to conduct the assessment / validation required by Art 261a(1)(a) and establish the procedures required by Art. 261a(2)-(4) to assess whether the investment is (still) “qualifying” and apply the corresponding risk charge.

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.

Similar Q&As

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.