EIOPA · 2231

Group Own funds

Regulation
(EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article
Article 223 of the Solvency II Directive; Article 331(1)(b) of the Delegated Regulation
Topic
Group Own funds
Submitted
2020-12-18
Answered
2021-11-16

Question

EIOPA’s Answer to Question ID 2224 submitted on 26 November 2020 describes the amounts to be deducted to the own funds at individual level to reflect the existence of an encumbrance. We ask, for the same specific corporate structure described in the Q&A 2224, and considering that a group solvency calculation is performed at the level of insurer B, if the group own funds at the level of insurer B should also be reduced to reflect the existence of an encumbrance?

Background

EIOPA’s Answer to Question ID 2224 submitted on 26 November 2020

Answer

When calculating group solvency at the level of insurer B, any own funds eligible for the group SCR arising out of reciprocal financing shall not be taken into account. The holding company A is a participating undertaking and is not consolidated within the scope for the group solvency calculation. However, based on Article 223 of the Solvency II Directive on intra-group creation of capital and Article 331(1)(b) of the Delegated Regulation about free from encumbrances of group own funds, any direct and indirect reciprocal financing between insurers B, C and the participating undertaking A would have to be eliminated when determining the group solvency position. The encumbered own fund items resulting from such direct and indirect reciprocal financing with the holding company A should therefore be deducted from the group reconciliation reserve on the basis of Article 331(1)(b) of the Delegated Regulation , i.e. the amount of the investment of insurer B in the holding company A and the investment of insurer C in the holding company A.

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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