Accounting For Insurance And Reinsurance Companies (Vu-Rlv)

Original Language Title: Rechnungslegung von Versicherungs- und Rückversicherungsunternehmen (VU-RLV)

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316. Regulation of the Financial Market Supervisory Authority (FMA) on the accounting of insurance and reinsurance undertakings (VU-RLV)

On the basis of § 139 and § 264 (5) of the Insurance Supervisory Act 2016-VAG 2016, Federal Law Gazette I No. 34/2015, as last amended by the Federal Law BGBl. I n ° 112/2015, is ordered with the approval of the Federal Minister of Finance:

Section 1

Scope and general rules on identification

Scope

§ 1. (1) This Regulation shall apply to the accounting and consolidated accounts of:

1.

Insurance undertakings in accordance with § 5 Z 1 VAG 2016,

2.

Reinsurance undertakings pursuant to § 5 Z 2 VAG 2016,

3.

small insurance companies according to § 5 Z 3 VAG 2016 and

4.

Branches of a third country-insurance or third country reinsurance undertaking according to § 5 Z 18 VAG 2016.

(2) § § 2 to 30 shall apply to the accounting and consolidated financial statements in accordance with the 7. The main part of the VAG 2016.

Identification of certain insurance relationships

§ 2. (1) insurance relationships which are the same as those of insurance or reinsurance undertakings with one another, without being shown to the policyholder as such (indirect as well as direct insurance). Participation) shall be treated for the purposes of financial reporting such as reinsurance.

(2) By way of derogation from paragraph 1, indirect and direct participations shall be treated for the purposes of accounting such as co-insurance relationships, if it is agreed in writing that:

1.

in the event of the bankruptcy of the leading insurance or reinsurance undertaking, all insurance or reinsurance undertakings participating in the insurance or reinsurance undertaking granted a direct right to the insured person and to the relevant information of the insurance undertaking concerned; have committed themselves to the insolvency of the leading insurance or reinsurance undertaking; and

2.

all participating insurance or reinsurance undertakings have committed themselves to the mass of the leading insurance undertaking or reinsurance undertaking the insurance benefits provided by that undertaking in accordance with the agreed Participation rates to be replaced.

The direct claim to be submitted shall include the share of the co-insurance in question, less the amount to be paid to the mass.

Section 2

Regulations relating to the asset item "Capital investments" in accordance with § 144 (2) B. VAG 2016

Special provisions relating to the allocation and valuation of investments

§ 3. (1) The use of the right to vote in accordance with § 149 (2) second sentence VAG 2016 requires the intention and ability to hold the capital investment; these are to be documented by the insurance or reinsurance undertaking in a comprehensible manner.

(2) Is the valuation of fixed-income securities with fixed repayment amount in accordance with § 204 (2) of the German Corporate Code-UGB, dRGBl. 219/1897, in the version of the Federal Law BGBl. I n ° 22/2015, the carrying amount above the repayment rate and the repayment rate above the stock exchange or market rate, must be devalued at the lower repayment rate. In the case of valuation according to § 204 (2) of the German Commercial Code (UGB), a devaluation on a lower exchange or market course in the presence of the holding intent and the holding capacity can be maintained. Price declines due to the deterioration of the issuer's creditworthiness are an indicator of an expected impairment loss.

(3) Capital investments without a 100% capital guarantee issued by the issuer, the repayment amount of which is unconditionally determined on the basis of an optional component, are to be identified as non-fixed-income securities and accordingly to be assess.

(4) In order to assess a permanent impairment loss in non-fixed-income securities, a flat-rate method may be used in which the amount of the amount to be deducted as a permanent depreciation from the difference between the a comparison value calculated from the arithmetic average of the daily closing rate of the last 12 months preceding the closing date and a higher carrying amount. If, when using this method, indicators indicate that there is also a permanent impairment loss, the value must be adjusted accordingly.

Application of the principle of valuation continuity in the valuation of securities by insurance companies or reinsurance undertakings

§ 4. In the case of the insurance or reinsurance undertaking due to the exceptional trend in interest rates in a financial year and the resulting exceptional depreciation requirements of the capital investments, compliance with an in prospect In the sense of Section 201 (3) of the German Commercial Code (UGB), a special circumstance for the admissibility of an exchange of the valuation principle at this time is a special circumstance. before. A change in evaluation principles, which is due to special circumstances, should be maintained until special circumstances exist which justify a change in the evaluation principles.

Mortgage requirements

§ 5. As asset item "Mortgage requirements" in accordance with § 144 (2) B. III. 4. VAG 2016 shall be issued claims for which the accounting insurance or reinsurance undertaking shall be subject to lien on land, provided that, notwithstanding any further collateral, the value of the loaded objects alone is sufficient, in order to ensure the satisfaction of the claims through their exploitation.

Deposit receivables and deposit liabilities

§ 6. (1) Depository receivables may not be combined with accounting or other claims, nor shall be charged with deposit, settlement or other liabilities. This applies accordingly to deposit liabilities.

(2) As an asset, "Depot receivable from the acquired reinsurance business" in accordance with Section 144 (2) (IV). VAG 2016 shall be subject to claims by pre-insurers at the level of the securities made by these or third parties or withheld by pre-insurers.

(3) The securities deposited with a pre-insurer, which remain the property of the reinsurer, shall be shown in the reinsurer in the corresponding capital investment item.

(4) If the pre-insurers have acquired securities for the amounts retained by them and are entitled to pay their obligations under the deposit retention by transfer of these securities, such securities shall be subject to the same obligation as the The amount to be assessed by which the securities would be assessed.

Section 3

Provisions relating to the liabilities item "Insuring provisions in respect of insurance technology" in accordance with Section 144 (3) D. VAG 2016

Technical provisions

§ 7. The principle of prudence requires a prudent assessment of the risks and imminent losses in the calculation of the technical provisions in accordance with § 150 VAG 2016.

Course Changes

§ 8. If the technical provisions on foreign currency, which are generally unchanged from the previous year at the beginning of the financial year, are to be converted to the price at the end of the financial year, they shall be converted into the same amount. The resulting price gains are to be shown in the other non-technical income and price losses in other non-technical expenses.

PortefeuilleChanges

§ 9. (1) If, on the basis of transfers or changes in reinsurance, the amounts corresponding to the technical provisions are invoied by the pre-insurer or by the reinsurer (PortefeuilleChanges), these amounts are to be added to or deducted from the value rates of the technical provisions which existed at the beginning of the financial year.

(2) Insurance provisions shall be treated, even if they are invoied by the pre-insurer or the reinsurer, without any change in the reinsurance relationship, such as changes in the portfolio of the portefeuille.

Premium surglees

§ 10. (1) The 1/24 method is an approximation procedure permissible in accordance with § 151 para. 2 VAG 2016.

(2) The premium income of the indirect business shall be made according to the reports of the pre-insurers and on the basis of the reinsurance premiums booked in the financial year. If there are no or only incomplete reports, the premium surgings shall be determined by a suitable approximation procedure. If, in the case of the application of the portion-of-fire cancellation rate provided for in the reinsurance contract, a lower premium is obtained than on the basis of the other bases available for the calculation of the premium surcharge, the lower premium shall be lower than the lower premium Premium transfer only if the cancellation of the reinsurance contract has already been established at the time of the preparation of the annual financial statements.

(3) The proportion of the reinsurers in the premiums received shall be that part of the premiums received which relates to a period of time after the end of the financial year. If, in the event of the application of the portion-fire cancellation rate provided for in the reinsurance contract, a higher proportion of reinsurers in the premium transfer is obtained, it may only be applied if the termination of the reinsurance contract in the The date of preparation of the annual accounts has already been established.

(4) In the insurance branches of the balance sheet division Damage and Accident Insurance, with the exception of the accident insurance with premium repayment, cost reductions from the premium surcharges are permitted. In the case of insurance against civil liability in respect of the use of motor vehicles, this cost reduction shall not exceed 10%, and in the other classes of insurance not more than 15%. In addition, an activation of expenses for the insurance conclusion is not allowed.

Cover return

§ 11. (1) In the case of sickness insurance, the insurance mathematically calculated retirement provision shall be shown in the cover provision in the direct business.

(2) In the case of insurance against injury and accidents, the cover provision in the direct transaction covers exclusively the cover provision in the context of the accident insurance with premium repayment, with the provision for pensions being the provision for pensions for pensions. in accordance with the conditions to be provided for current pension benefits, and as a cover for premiums, the business plan cover is to be rejected.

(3) The supplementary interest-rate reserve in accordance with § 3 of the insurance undertakings-Maximum interest rate regulation-VU-HZU, BGBl. II No 299/2015, is a flat-rate provision, which is to be dismissed as a cover provision and not to be attributed to the cover capital of the individual insurance contracts.

(4) Where insurance provisions relating to mortality, insurance or other risks are to be set out in the fund-linked and index-linked life insurance, these provisions shall be set out in the Identify the cover return.

Provision for insurance cases which have not yet been uncovered

§ 12. (1) The provision for insurance cases which have not yet been uncovered shall also include provisions for the insurance cases to be attributed to the financial year in accordance with experience values, if it is to be expected that such claims shall be: at a later stage, will result in a commitment to performance. In the case of life assurance, the provision for insurance cases which have not yet been settled shall include the amounts required for repurchases which have been declared until the closing date but have not yet been settled.

(2) Where, in the case of individual assessment, there is reason to believe, on the basis of experience, that the information available at the time of preparation of the annual accounts is not sufficient to cover all major damage, the Provision for insurance cases which have not yet been uncovered to supplement a flat-rate security surcharge for non-recognised major damages.

(3) The provision for insurance cases for the indirect insurance business which have not yet been unfolded shall in principle be made in accordance with the reports of the pre-insurers. If there are no adequate reports, the provision should be assessed in accordance with the experience gained.

(4) The recovery amounts reported by the pre-insurers shall be supplemented by security surcharges if, on the basis of experience, there are grounds for believing that the reported amounts are not sufficient to cover all of them up to the closing date caused damage, including the late damages according to § 153 para. 3 VAG 2016.

(5) (3) and (4) are to be applied in accordance with the acquired co-insurance.

(6) An assessment of the claim for damages in accordance with the principle of prudence shall, in any case, be subject to the provision of outstanding insurance cases without the provision for a multiannual consideration for each class of insurance. for regulatory expenses expected to be expected to have an average resolution gain of at least 10%.

(7) A flat-rate method may be used to determine the provision for the provision of regulatory expenses in accordance with Section 153 (1) of the VAG 2016. The flat-rate method shall be based on the ratio of the expenses incurred in the financial year for the treated insurance cases to the claims settlement of the payments made, using a reduction factor for the outstanding amounts still open. Claims for which a portion of the claims for claims in the financial year have already been incurred and a reduction factor which takes into account the fact that the amount of claims settlement is not proportional to the amount of the individual damage. , as well as the average amount of open claims in the This is clearly above the one already experienced in the financial years. Where this methodology is applied, the annual change in the partially completed claims shall also be taken into account in terms of both the costs and the number of cases.

Return for performance-based premium restitution or Profit participation of policyholders

§ 13. In the provision for performance-dependent premium restitution or Profit participation of the policyholders are those according to the Articles of Association or under the insurance conditions, taking into account the Life Insurance-Profit Participation Ordinance-LV-GBV, BGBl. II No 292/2015, as amended, to expel policyholders or other beneficiaries at the expense of the business year result for this purpose, insofar as they are not included in the cover-up are included.

Return for non-performanted premium restitution

§ 14. (1) In the provision for non-profit-making premium restitution, the provisions for the contractually agreed premium refunds shall be shown insofar as they are subject to partial repayment of premiums on the basis of the course of individual contracts .

(2) In this provision, not only the repayment amounts which are to be paid out in the financial year after the closing date or to be offset against premiums, but also claims on repayment amounts due to the damage history shall be taken into account in subsequent years in the event of a continuation of the good course of the damage.

Other technical provisions

§ 15. (1) Other technical provisions shall include in particular:

1.

stormy repositioning,

2.

Nuclear reserve,

3.

the provision for imminent losses arising from the insurance portfolio;

4.

Return for losses from the time-offset booked indirect business,

5.

Return for terrorism risks.

(2) The cancellation of the cancellation in accordance with paragraph 1 (1) (1) shall include any kind of depreciation of calculated premiums of the financial year in the following years and shall be based on empirical values. If depreciation of premium receivables is booked as cancellation premiums, the cancellation of the cancellation must also include the value adjustment to the premium receivables.

(3) The provision for terrorism risks in accordance with paragraph 1 Z 5 shall be designed to cover risks related to the Austrian insurance pool to cover terrorism risks. A provision for terrorism risks and a fluctuation reserve shall not be constituted for the same type of technical risk side by side.

Section 4

Provisions relating to individual balance sheet items in accordance with Section 144 (2) and (3) of the VAG 2016 with the exception of the capital investments and technical provisions

Claims arising from direct insurance business

§ 16. (1) As an asset item entitled "Claims from direct insurance business to policyholders" in accordance with § 144 (2) I.I. 1. In particular, VAG 2016 shall be required to expel claims arising from the premium settlement and to expel claims arising from the settlement of ancentarial benefits and expenses of the policyholders.

(2) As an asset item entitled "Claims from the direct insurance business to insurance intermediaries" in accordance with § 144 (2) D. I. 2. In particular, VAG 2016 shall be issued with claims from the Provisions and Spare accounts. Commission advance payments shall only be recorded if there is a claim for recovery.

(3) As an asset item entitled "Claims from the direct insurance business of insurance undertakings" in accordance with § 144 (2) D. I. 3. VAG 2016 shall, in particular, be expleted from the co-insurance business.

Other requirements

§ 17. As asset item "Other receivable" in accordance with § 144 para. 2 D. IV. VAG 2016 shall be shown in particular:

1.

exposures to other insurance undertakings which do not derive from the insurance or reinsurance accounts,

2.

Backward interest and rents,

3.

the anticipatory border post, with the exception of the pro rata and rents.

Premiums for insurance contracts

§ 18. If premiums are subject to insurance contracts, the premiums due only after the financial year are not to be identified as exposures and should not be taken into account in the determination of the premium surpluses.

Endowment capital, transfer items with the headquarters

§ 19. (1) As Liabilities Item "Dotation Capital" in accordance with Section 144 (3) A. II. VAG 2016 shall designate branches of a third country insurance or third country reinsurance undertaking in accordance with § 5 Z 18 VAG 2016 the amount of capital to be made available to the branch in the long term.

(2) As an asset "settlement post with the head office" in accordance with § 144 para. 2 G. VAG 2016 or as liabilities item "settlement post with the head office" in accordance with § 144 para. 3 I. VAG 2016, the balance from ongoing settlement of a branch of a branch of a Third country insurance or third country reinsurance undertaking in accordance with § 5 Z 18 VAG 2016 with the central office.

(3) branches of a third country insurance or third country reinsurance undertaking in accordance with § 5 Z 18 VAG 2016 shall have the profit or loss of the financial year in the balance sheet and in the profit and loss account. A transfer of the annual result to the settlement account shall be carried out in the following year.

(4) A settlement balance in favour of a branch of a third country insurance or third country reinsurance undertaking according to § 5 Z 18 VAG 2016 may only be of a temporary duration; otherwise, the endowment capital shall be equivalent to: reducing. Any period of time exceeded every two months is by no means a temporary one.

Proportional interest and rents

§ 20. As an asset item entitled "Anpartum interest and rents" in accordance with Section 144 (2) E. VAG 2016, the following shall in particular be shown:

1.

not yet due, but still to the financial year, proportional interest and rental income,

2.

not yet calculated operating costs of rental objects with tenants and

3.

Receivable claims for the financial year, based on value-guarantee clauses.

Other assets

§ 21. (1) As an asset item "Other assets" in accordance with Section 144 (2) F. III. VAG 2016 shall be shown in particular:

1.

the asset for premiums that have not yet been calculated,

2.

Tax advance payments and

3.

the non-balance sheet items to be allocated.

(2) As an asset for premiums which are not yet calculated, the premiums for the financial year, which will only be made compulsory in subsequent years, shall be those of the part which is to be paid for the financial year. The shares of reinsurers which are due to these premiums minus reinsurance commissions and intermediary commissions are to be returned and to be issued in the liabilities item "Other provisions" in accordance with § 144 (3) F.V. VAG 2016.

Risk Backlog

§ 22. (1) The tax base relevant to the formation of the risk reserve in accordance with § 143 VAG 2016 shall be the reduced premiums of the Austrian business of the respective balance sheet department which are reduced by the reinsurance levy.

(2) A risk reserve formed in compliance with the provisions of the VAG 2016 shall not be disbanded from any other reasons expressly stated in Section 143 (2), third sentence, VAG 2016. In the event of a decrease in the basis of assessment, the reserve is to be left in the already formed height. If the tax base for the risk recovery changes due to significant corporate legal processes, the risk-taking situation formed for this business shall be resolved.

(3) The doping of the risk reduction shall be carried out separately in each accounting department. If the full doping leads to a crossing of the 4% limit of § 143 para. 2 second sentence VAG 2016 in a balance sheet department, the feeder is to be made correspondingly shortened.

(4) If the full doping of the risk situation in a balance sheet department leads to a crossing of the 4% limit of the overall balance sheet, the supply is to be reduced. In the amount of the reduction, a rebooking from the balance sheet department, in which the 4% limit of Section 143 (2), second sentence, VAG 2016 is exceeded, is to be rebooked into the balance sheet department, in which the 4% limit of § 143 (2), second sentence, VAG 2016 is not reached, , in so far as this does not fall below the 4% limit of § 143 para. 2 second sentence VAG 2016 in the issuing balance sheet division and is not exceeded in the receiving balance sheet department.

(5) In the financial year the risk reserve of the total balance sheet exceeds the 4% limit of § 143 para. 2 second sentence VAG 2016 already before doping of the risk reserve in a balance sheet department, is a rebooking from that balance sheet department in which the 4% limit shall be exceeded in those balance sheet departments where the 4% limit has not yet been reached, insofar as this does not fall below the 4% limit of the losing balance sheet division.

Other provisions

§ 23. As a liability item "Other provisions" in accordance with Section 144 (3) F.V. VAG 2016, provisions for the interest expense on supplementary capital as well as any provisions relating to the publication obligations pursuant to the 10 are in particular provisions. Main item of the VAG 2016, costs related to the auditor's audit obligations in accordance with § 263 VAG 2016 or with the reporting obligations of the auditor pursuant to § 264 VAG 2016 as well as on the assets for premiums not yet calculated To expel reinsurance premiums less the reinsurance commissions and the intermediary commissions.

Other liabilities

§ 24. As a liability item "Other liabilities" in accordance with § 144 (3) H. V. VAG 2016, all liabilities are to be shown which are not to be dismissed in other items. These include in particular:

1.

Liabilities arising from the settlement of taxes, duties and contributions,

2.

Liabilities to employees from salary and expense accounts,

3.

Liabilities due to deliveries of goods and services,

4.

received payments and

5.

on its own land mortgage-backed liabilities against non-banks.

Section 5

Provisions relating to individual items of the profit and loss account

Allocation of expenses to functional areas

§ 25. (1) The expenses for

1.

Employment of workers in the internal and external service sector,

2.

Services provided by intermediaries,

3.

other services, other than reinsurance,

4.

Operating means and

5.

Taxes and charges, other than taxes on income, income and wealth, insurance and fire protection tax

are to be divided into the functional areas of insurance cases, insurance, other insurance, asset management and services to third parties (with the exception of insurance benefits) in accordance with their causation to the functional areas. The insurance tax and the fire protection tax are to be shown in the other technical expenses and the taxes on the assets in other non-technical expenses.

(2) In the determination of the expenditure on services, outsourced activities in the functional areas shall also be taken into account.

Expenses for insurance cases

§ 26. (1) Item 4. "Expenses for insurance cases" in accordance with § 146 (2) and (3) VAG 2016 and Item 5. "Expenses for insurance cases" according to § 146 (4) VAG 2016 has

1.

in the insurance against damage and accidents, the

a)

Payment of damages, including expenses for damages and damages, minus regressids and other reimbursable services,

b)

Change in non-claims and the cover for pensions of the accident insurance with premium reinsurance in the financial year and

c)

Expenditure on the regulation and prevention of insurance cases,

2.

in the health insurance sector,

a)

Payment of damages, including expenses for damages and damages, minus regressids and other reimbursable services,

b)

Change in the loss of damage in the financial year and

c)

Expenditure on the regulation and prevention of insurance cases and

3.

in life insurance,

a)

payments from life insurance contracts, including expenses for collection and defence, minus repayments of regressed and other reimbursement services,

b)

change in the reserve for floating services in the financial year,

c)

Expenditure on the regulation and prevention of insurance cases and

d)

Thread Parts

shall be included. The principles for change of course and portfolio changes (§ § 8 and 9) must be observed. The change in the claim reserve corresponds to the change in the provision for insurance cases not yet unfolded without the change in the provision for the anticipated regulatory expenses according to § 153 para. 1 VAG 2016.

(2) The expenses for the prevention of the insurance cases referred to in paragraph 1 shall include expenses for measures which are likely to reduce the risk of the occurrence of damage.

(3) The expenses incurred in the regulation of the insurance cases shall be those related to the provision of insurance benefits. Expenses for damages and damages, which cannot be directly attributed to the individual insurance cases or insurance branches, are to be attributed to the expenses for the regulation of the insurance cases. The fees paid by court experts for appraisal assessments, which are used to determine the level of the risk and thus in the event of damage to the defence against unjustified claims, shall be recognised as expenses incurred in the event of damage.

Borderline premiums

§ 27. (1) Item 1. "Excluded premiums" in accordance with section 146 (2) to (4) of the VAG 2016 corresponds to item 1 in each case. (a) "Calculated Premiums" according to § 146 (2) to (4) VAG 2016, taking into account item 1. (b) "Change by means of premium demarcation" in accordance with § 146 (2) to (4) VAG 2016.

(2) The calculated premiums in direct business shall include the compulsory premiums without the inclusion of the insurance and fire protection tax plus the additional benefits of the policyholders, reduced by those cancelled in the financial year. Premiums. Payment of poppy fees, vinkulation fees and similar cost rates shall not be deducted from the benefits of the policyholders and the expenses incurred in the insurance business. In the indirect business, the calculated premiums correspond to the premiums communicated by the pre-insurers for the purposes of offsetting.

(3) In the co-insurance business, the calculated premiums of each co-insurer shall be in accordance with the premium portion which is the subject of the premium.

(4) Item 1. (b) "Change by means of premium demarcation" in accordance with section 146 (2) to (4) of the VAG 2016 shall be composed of the change in premium surpluses, the activity for premiums not yet calculated and the cancellation of the cancellation. The principles for change of course and portfolio changes (§ § 8 and 9) must be observed.

Expenses for the insurance business

§ 28. (1) Item 9. (a) "expenses for the insurance conclusion" in accordance with § 146 (2) to 4 (4) of the VAG 2016 shall include all expenses relating to the business application and the best-time maintenance. In particular, these are the corresponding shares in the expenditure for:

1.

Employment of workers in the internal and external service sector,

2.

Services of intermediaries and

3.

Other services other than the reinsurance, operating funds and taxes and other charges caused by the operation of the contract insurance, including the indirect business.

(2) Item 9. (b) "Other expenses for the insurance business" in accordance with section 146 (2) to (4) of the VAG 2016 shall include, in particular, the expenses for:

1.

Employment of workers in the internal and external service sector,

2.

Services of intermediaries and

3.

other services, other than the reinsurance, operating funds and taxes and other charges brought about by the operation of the contract insurance, including the indirect business,

insofar as they are not attributable to the functional areas of the regulation of the insurance cases, asset management or services to third parties, or to the business application and best-time maintenance.

Other technical expenses and income

§ 29. (1) Item 10. "Other technical expenses" in accordance with section 146 (2) and (3) and item 11. " Other technical expenses in accordance with § 146 (4) VAG 2016 shall include all technical expenses which are not attributable to any functional area. These are in particular:

1.

the cost of the interest from the indirect business and from the co-insurance business,

2.

the interest expense arising from the reinsurance levy,

3.

the transfer of shares in other income to reinsurers;

4.

losses arising from the sale of parts of the operating and commercial equipment, which remain after offsetting with corresponding profits,

5.

extraordinary and non-accrual technical expenses, in so far as they are not related to certain technical expenses,

6.

the pension expenditure for pensioners, taking into account the change in pension provision;

7.

a one-off loss from the border insurance scheme; and

8.

the fire protection tax expense, which is salted with the fire protection tax.

(2) Item 3. "Other technical returns" in accordance with section 146 (2) and (3) and item 4. " Other insurance-related income in accordance with § 146 (4) VAG 2016 includes in particular:

1.

all proceeds of reinsurance contributions exceeding the reinsurance commissions and profit-sharing operations, including fire-protection tax allowances,

2.

Default interest on premiums and regressive claims,

3.

profits from the sale of parts of the operating and commercial equipment, which remain after offsetting with corresponding losses and

4.

the pro-rata profit from the border insurance.

(3) Insurance tax expense and insurance tax income should be salted. If an expense is incurred as a balance, it shall be recorded in the other technical expenses. Where an income is obtained as a balance, the income shall be shown in the other technical-technical returns.

(4) Exchange rate differentials from investments shall be recorded in the technical expenditure or income. All other exchange-rate differences are in the non-technical expenditure or To collect the proceeds.

Capital gains of technical business

§ 30. (1) In life assurance and health insurance, the capital gains of the technical business have the difference from item 2. "Income from investments and interest income" in accordance with § 146 (5) VAG 2016 and Item 3. "Expenses for capital investments and interest expenses" according to § 146 (5) VAG 2016.

(2) In the case of insurance against losses and accidents, the return on interest of the technical business shall be the interest income from deposit receivings and the invoice return of the cover return.

(3) A determination of the capital gains of the technical business deviating from (1) and (2) shall be permitted. However, this shall be explained in the Annex and explained in more detail.

6.

Report to the FMA

Form of transmission

§ 31. The annual financial statements to be submitted pursuant to § 248 (2) (1) and (4) (4) (1) VAG 2016, the management report to be submitted pursuant to § 248 (2) (2) and (4) (4) (2) (2) and (4) (4) (4) and (4) (4) and (4) (4) (4) (4) (4) of the VAG 2016 shall be transmitted to the FMA by electronic means in a standardised form. The document is to be transmitted in the Portable Document Format (PDF) developed by the company Adobe Systems without limitation of the functionality.

More detailed provisions on the report to the FMA pursuant to § 248 VAG 2016

§ 32. (1) The proof of the determination of the annual financial statements pursuant to § 248 (2) Z 5 VAG 2016 shall be the presentation of a certified complete copy of the Protocol on the Assembly in which the conclusion of the annual financial statements has been made, or the presentation of a declaration made by the Chairman of the Supervisory Board in a self-contained way.

(2) Proof of publication of the annual and consolidated financial statements in accordance with Section 248 (3) Z 2 and Z 3 VAG 2016 and the annual accounts pursuant to § 248 (5) Z 2 VAG 2016 shall be provided by the presentation of a document of publication.

(3) The assets or deposits deposited on the basis of foreign legislation or on behalf of foreign authorities abroad shall be disclosed separately.

(4) Without prejudice to the provisions of the UGB and the VAG 2016, the following points shall be explained and explained:

1.

the determination of the tax base in accordance with § 92 (4) VAG 2016,

2.

the development (initial stock, supply, deprivation, final stock) of the liabilities item D. V. " provision for premium restitution dependent on performance or Profit participation of the policyholders " according to § 144 (3) VAG 2016) split up to:

a)

ongoing profits,

b)

already fixed, but not yet allocated, final profits,

c)

the final profit fund,

d)

the free profits,

3.

for each account, the declared current profits and the fixed closing gains and, where applicable, the rate of collection used, indicating the allocation year, and

4.

the calculation of the final profits.

(5) The information referred to in paragraphs 3 and 4 shall be included in the Annex.

(6) In the case of the submission pursuant to paragraphs 1 and 2, § 31 shall apply mutatily.

Section 7

Final destination

entry into force

§ 33. The Regulation shall enter into force 1. January 2016 in force and is to be applied for the first time to financial years beginning after 31 December 2015.

Ettl Kumpfmüller