1
Application and Definitions
1.1
Unless otherwise stated, this Part applies to:
- (1) a UK Solvency II firm;
- (2) in accordance with Insurance General Application 3, the Society, as modified by 12; and
- (3) in accordance with Insurance General Application 3, managing agents, as modified by 12.
- 01/01/2016
1.2
In this Part, the following definitions shall apply:
means a syndicate year closed by reinsurance to close, either into another syndicate year or into an insurer approved by the Council for that purpose.
means all risk exposures with a loss potential which is large enough to threaten the solvency or the financial position of a Solvency II undertaking.
[Note: Art. 13(35) of the Solvency II Directive]
means a member that is a body corporate or a Scottish Limited partnership.
explicit maximum loss potential
means the maximum economic risk transferred by the ceding undertaking to the reinsurer under a contract of reinsurance.
external credit assessment institution
means a credit rating agency that is registered or certified in accordance with Regulation (EC) No 1060/2009 or a central bank issuing credit ratings which are exempt from the application of Regulation (EC) No 1060/2009.
[Note: Art. 13(40) of the Solvency II Directive]
means reinsurance:
- (1) under which the explicit maximum loss potential arising from a significant transfer of both underwriting risk and timing risk exceeds the premium payable by the ceding undertaking over the duration of the contract by a limited but significant amount; and
- (2) which possesses at least one of the following characteristics:
- (a) explicit and material consideration of the time value of money;
- (b) contractual provisions to moderate the balance of economic experience between the parties to the reinsurance over time to achieve the target risk transfer.
[Note: Art. 210(3) of the Solvency II Directive]
means the risk that a firm is unable to realise investments and other assets in order to settle its financial obligations when they fall due.
[Note: Art. 13(34) of the Solvency II Directive]
technical provisions transitional measure
means a transitional deduction from a firm’s technical provisions applied in accordance with Transitional Measures 11.1.
- 01/01/2016