Minimum Capital Requirement

1.1

Unless otherwise stated, this Part applies to:

1. (1) a UK Solvency II firm; and
2. (2) in accordance with Insurance General Application 3, the Society, as modified by 5.

1.2

In this Part, the following definitions shall apply;

captive insurer

means a UK Solvency II firm owned by:

1. (1) a financial undertaking other than a UK Solvency II firm; or
2. (2) a group of UK Solvency II firms; or
3. (3) a non-financial undertaking;

the purpose of which is to provide insurance cover exclusively for the risks of the undertaking or undertakings to which it belongs, or of an undertaking, or undertakings, of the group of which that UK Solvency II firm is a member.

[Note: Art. 13(2) of the Solvency II Directive]

captive reinsurer

means a UK Solvency II firm that is a pure reinsurer owned by:

1. (1) a financial undertaking other than a UK Solvency II firm; or
2. (2) a group of UK Solvency II firms; or
3. (3) a non-financial undertaking;

the purpose of which is to provide reinsurance cover exclusively for the risks of the undertaking or undertakings to which it belongs or of an undertaking or undertakings of the group of which that pure reinsurer is a member.

[Note: Art.13(5) of the Solvency II Directive]

2.1

A firm must hold eligible own funds covering the MCR.

[Note: Art. 128 of the Solvency II Directive]

3.1

The function used to calculate the firm’s MCR must be calibrated to the value-at-risk of its basic own funds subject to a confidence level of 85% over a one-year period.

[Note: Art. 129(1)(c) of the Solvency II Directive]

3.2

The MCR must have an absolute floor of:

1. (1) 2,500,000 euro for firms, including captive insurers, which have Part 4A permission to effect contracts of insurance or carry out contracts of insurance that are contracts of general insurance, except in the case where all or some of the general insurance business classes 10 to 15 are covered, in which case it must be no less than 3,700,000 euro;
2. (2) 3,700,000 euro for firms, including captive insurers, which have Part 4A permission to effect contracts of insurance or carry out contracts of insurance that are contracts of long term insurance;
3. (3) 3,600,000 euro for pure reinsurers, except in the case of captive reinsurers that are pure reinsurers, in which case the MCR must be no less than 1,200,000 euro; or
4. (4) the sum of the amounts set out in (1) and (2) for firms other than pure reinsurers which as of 15 March 1979 carried on both long-term insurance business and general insurance business.

[Note: Art. 129(1)(d) of the Solvency II Directive]

3.3

Without prejudice to the requirements on the absolute floor in 3.2, the MCR must neither fall below 25% nor exceed 45% of the firm’s SCR, calculated in accordance with SCR Rules, and including any capital add-on which has been imposed.

[Note: Art. 129(3) of the Solvency II Directive]

4.1

A firm must calculate the MCR and report the results of that calculation to the PRA at least quarterly.

[Note: Art. 129(4) of the Solvency II Directive]

4.2

Where either of the limits referred to in 3.3 determines a firm’s MCR the firm must provide the PRA information allowing a proper understanding of the reasons therefor.

[Note: Art. 129(4) of the Solvency II Directive]

5.1

This Chapter applies to the Society.

5.2

In calculating the MCR for Lloyd’s, in the manner required by 3, the Society must ensure that the MCR is calibrated so as to include all quantifiable risks to which:

1. (1) members are exposed as a consequence of those members carrying on insurance business at Lloyd’s; and
2. (2) the Society is exposed, including risks to the central assets and central liabilities.

5.3

The Society must determine, at least quarterly, the ratio of the Lloyd’s MCR to the Lloyd’s SCR and notify the PRA of the result at the same time it reports the quarterly MCR calculation required by 4.1.

5.4

The Society must calculate a reporting point for each underwriting member, in accordance with 5.5.

5.5

The reporting point for each underwriting member must be calculated using the ratio referred to in 5.3, expressed as a percentage of the member’s notional SCR referred to in Solvency Capital Requirement – General Provisions 8.4.

5.6

The Society must notify the PRA if own funds attributable to a member fall below the reporting point determined in accordance with 5.5 as soon as it is observed by the Society.