EIOPA · 1329
1329
- Regulation
- (EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
- Article
- 62
- Submitted
- 2017-11-14
- Answered
- 2019-09-05
Question
SituationInsurer A enters a contract with Firm B (not necessarily an insurance or a regulated entity).The contract stipulates that, if any of the three events defined below occur at any time within the next 3 years, Firm B is committed to buying for €10 million new shares of Insurer A (conducting to a capital increase for Insurer A); the new shares are generally issued with a discount (e.g. 5%) on the average market price recorded on the trading days following the event. In such case, Firm B has to provide the cash to Insurer A within a predefined timeline (e.g. 10 days).Event 1: Firm A occurs a technical loss above a threshold (e.g. € 1m) for a specific event (e.g. NatCat).Event 2: The loss ratio of a given LoB is higher than 120% for 2 consecutive semesters.Event 3: The share price of Insurer A falls below a given value. Question : Should this contingent capital operation :(i) be included in the own funds as an AOF, after supervisory approval ?(ii) be accounted for in the Standard Formula or Internal Model as a way to decrease the SCR?
Answer
Part 1: The described contract does not meet the requirements for a recognition as ancillary own funds as it is not callable on demand.Part 2: The instrument does not transfer risk and the application of such instrument in reduction of the SCR is not appropriate. This applies for both internal model and standard formula users.
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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