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In accordance with the decision of the Parliament:
This law shall apply to an insurance undertaking registered under Finnish law ( Insurance undertaking ) which carries out insurance activities in the territory of Finland.
The total premium for the insurance undertaking shall not exceed EUR 5 000 000 per year. The total amount of the liability of the group shall not exceed EUR 25 000 000, or if it belongs to an insurance group, the total amount of the liability of the group shall not exceed 10 % of the total contribution or liability of the association. Total amount. If one of the prescribed amounts is exceeded for three consecutive years, the association meeting shall take the decision to convert an insurance undertaking into a mutual insurance company, as provided for in Chapter 8. The association shall report that the amounts are exceeded without delay to the Financial Supervisory Board.
In addition, the insurance company, which carries out the insurance of the fishing equipment, also provides for a commercial fisheries insurance policy (998/2012) .
The amounts provided for in paragraph 2 may be amended to reflect developments in the general price level by the Ministry of Social Affairs and Health.
L to 30/2015 Article 1 shall enter into force on 1 January 2016. The previous wording reads:
This law shall apply to an insurance undertaking registered under Finnish law.
The insurance undertaking is an insurance institution based on the mutual responsibility of shareholders, which covers up to 40 municipalities in a single area or which only carries out the insurance of fishing equipment.
Where a large insurance undertaking intends to take up an insurance movement within a larger area or outside the territory of the State of Finland provided for in paragraph 2, the association meeting shall take a decision to amend the association As an insurance company, as provided for in Chapter 8.
The large insurance associations within the meaning of this law are associations with an insurance premium exceeding eur 5 000 000 per year, or who carry out a liability insurance other than as ancillary insurance, or at least half of the association's fee Non-members of the association. Other insurance undertakings are small insurance undertakings within the meaning of this Act. Financial supervision may provide more detailed provisions as to when the association will become a large insurance undertaking, or vice versa. Financial supervision may also provide more detailed provisions as to when, in the event of a merger or the transfer of an insurance policy, the association shall, at the latest, comply with the requirements laid down for a large association after: The association has turned from a small association to a large association.
Insurance undertakings carrying out the insurance of fishing equipment shall also be subject to the provisions of the Law on the fishing insurance undertakings (331/1958) Provides.
The amount of the euro provided for in paragraph 4 may be amended to reflect developments in the general price level by the Ministry of Social Affairs and Health.
Paragraph 1a has been repealed by L 29.12.2009 .
The shareholders of the insurance company are policyholders. The guarantee holders shall also be shareholders of an insurance undertaking, unless otherwise specified in the order of association.
The association order may provide that the participation of the reinsurance undertaking is not to be carried out.
The acquisition of the guarantee portion of the insurance company shall be subject to the provisions of (521/2008) Provides for the purchase of the guarantee part of the mutual insurance company.
The shareholders of the insurance company are not personally responsible for the obligations of the association. However, the insurance undertaking's shareholders shall be subject to additional payment obligations towards the insurance undertaking as provided for in this paragraph.
If, in the event of a loss or other reason, the insurance of an insurance company no longer fulfils the requirement laid down in Article 10a (2) (a) (2) of Chapter 10a, or if the assets of an association in liquidation or bankruptcy are not sufficient to pay off the debts, An additional fee shall be imposed without delay for the policy holders of the insurance undertaking. The amount of the surcharge shall be at least equal to the amount required to meet the requirements referred to above, but not more than equal to the premium paid in the previous calendar year by the policyholder The total quantity. This paragraph shall apply only to a shareholder who was the shareholder of the association at the beginning of the calendar year during which the additional fee was imposed, unless otherwise specified in the order of association.
If, during the period of time, the shareholder does not pay the additional amount prescribed for him, it shall immediately be charged with the recovery operation. In the absence of an additional levy to be recovered from a shareholder, the missing amount is, if necessary, to be allocated by the other shareholders to the extent of their additional payment obligations.
The surcharge with interest in the case of late payments is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) .
L to 30/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
The shareholders of the insurance company are not personally responsible for the obligations of the association. However, the insurance undertaking's shareholders shall be subject to additional payment obligations towards the insurance undertaking as provided for in this paragraph.
Where, in the case of a loss or other reason, the insurance undertaking's own capital no longer meets the requirements laid down in Article 10a (2) (a) (2) or Article 4 (4) of Chapter 10a, or the capital of a large insurance undertaking is less than in accordance with Article 3 (3) of Chapter 10a The amount of the guarantee, or if the assets of an association in liquidation or bankruptcy are not sufficient to repay the debts, the insurance policy holders' shareholders shall be subject to an additional fee without delay. The amount of the surcharge shall be at least equal to the amount required to meet the requirements referred to above, but not more than equal to the premium paid in the previous calendar year by the policyholder The total quantity. For the purposes of applying this paragraph, the policyholder shall mean the person who was the shareholder of the association at the beginning of the calendar year in which the additional payment was made, unless otherwise specified in the order of association.
If, during the period of time, the shareholder does not pay the additional amount prescribed for him, it shall immediately be charged with the recovery operation. If the additional levy is not paid by the shareholder, the missing amount, to the extent that it is necessary to recover it, shall be distributed by the other shareholders to the extent of their additional payment obligations.
An additional payment with interest on late payment may be obtained without a judgment or decision, as laid down in the Law on the implementation of taxes and charges. (20/2007) Provides.
The insurance undertaking shall not engage in any activity other than the insurance business mentioned in the association order and the insurance activities specified in Article 5 ( Ancillary activities ).
The insurance company's insurance business may cover only the insurance (2006) Non-life insurance, excluding statutory insurance, insurance classes 14 and 15, and not insurance for a period of 10 years.
The reinsurance business of the insurance company shall comprise only the reinsurance of the first-declaration of non-life insurance classes and categories mentioned in the association order, except for the reinsurance of another insurance undertaking other than that of: Retrocession insurance.
Paragraph 4 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
However, a large insurance undertaking shall be allowed to re-certify the initial insurance in accordance with the association order and, if the financial supervision considers that the association has the conditions, including the corresponding foreign direct insurance.
In addition to its principal activity, the insurance company shall, acting as the representative of a non-insurance undertaking, market and sell on behalf of the undertaking its services and services to customers, if the undertaking concerned is:
(1) a credit institution in the European Economic Area, an investment firm, an investment firm, a management company, a ucits or an alternative fund manager; (17/04/2013)
(2) a financial institution in the European Economic Area other than that referred to in paragraph 1;
(3) the undertaking which carries out the provision of services or products in the field of risk management, damage control, damage control or comparable activities; or
(4) an undertaking whose services or products supplement the insurance products which the association sells either on its own account or as a representative of another insurance undertaking.
In addition to the provisions of paragraph 1, an insurance undertaking may agree that an undertaking other than the one referred to in paragraph 1 may use the organisation and distribution channels of an insurance undertaking in the marketing of its own products or services if:
(1) the undertaking is part of the same group or economic association with an insurance undertaking; or
(2) the undertaking is part of an economic group with which the undertaking exists in a single market and with which it has a fixed economic cooperation relationship.
The ancillary activities referred to in paragraphs 1 and 2 shall be appropriate to the nature of the insurance activities carried out by the association and shall not be relevant to the extent of the insurance activity. Accompanying activities shall not compromise the solvency of the association and the benefits of insurance.
An action plan shall be drawn up by the insurance undertaking in accordance with paragraphs 1 and 2. The plan shall be annexed to the application for the establishment of the association order or its amendment, which shall be carried out for the purposes of the activities of the Financial Supervisory Authority. Financial supervision may provide more detailed provisions on the content of the action plan. (17/04/2013)
Financial supervision may fail to confirm the order of the associations of ancillary activities referred to in paragraphs 1 and 2, where it is obvious that the activity does not meet the requirements laid down in paragraph 3, or if the insurance undertaking is intended to: The extent of the activity, the quality of the product or service concerned, the expertise required by the staff or the factors comparable to them do not provide sufficient conditions for the proper functioning of the operation. Financial supervision may, in retrospect, prohibit or restrict the ancillary activity of an insurance undertaking if the activity no longer complies with the requirements laid down in paragraph 3 or where there have been serious deficiencies or irregularities. (17/04/2013)
When acting as a representative in accordance with paragraph 1, the insurance undertaking must clearly inform the customer of the product or service of which the undertaking is concerned and that the association does not conduct business on its own account and is not a party to the negotiation process. In a contract which may arise from a product or service.
Article 5a has been repealed by L 30.12.2004 1320 .
Article 5b has been repealed by L 29.12.2009 .
The insurance company shall only take credit:
1) to carry out the necessary liquidity;
(2) worker's pension (185/2006) , in accordance with the criteria referred to therein;
(3) the capital loan within the meaning of paragraph 2; or
4) as normal credit lines and other comparable credit lines as related to their business activities.
The insurance company can take the loan ( Capital loan ), which:
(1) capital, interest and any other credit may be paid in the event of liquidation of the association and in the event of bankruptcy only with subordinated debt;
(2) capital may otherwise be repaid and interest paid only in so far as the association and, if the association is the parent association, the amount of the free equity of the group and all the capital loans at the time of payment exceeding the duration of the association's last financial year; The amount of the loss in accordance with the balance sheet to be established or renewed; and
(3) the payment of principal or interest shall not be guaranteed by the association or its subsidiary.
The insurance undertaking shall notify the financial supervision referred to in Article 1 (1) (1), (3) and (4), subject to more detailed financial supervision.
The provisions of paragraphs 1 to 3 on the right of an insurance undertaking to take credit shall also apply to an undertaking which is a subsidiary of an insurance undertaking. However, the subsidiary may take credit from a parent insurance undertaking.
Financial supervision may, in the cases referred to in Article 6c of Chapter 12, prohibit an insurance undertaking from borrowing.
In an individual case, the financial supervision may be authorised by the insurance undertaking to derogate from the provisions of paragraph 1.
Interest payable on the capital loan or any other credit shall be deducted from the last financial year which may be used for the distribution of profits.
The capital loan shall be made in writing. The change in the terms of the loan under Article 5c (2) (1), (2) or (3) and the security referred to in paragraph 1 shall be invalid. Article 5 (c) (2) of the capital loan, the payment of interest and other credit, and the provision of the security referred to in paragraph 1, shall apply as regards the unlawful distribution of assets in Article 5 and Article 8 (5) of Chapter 16.
They shall have equal access to the assets of the association, unless otherwise agreed between the creditors of the association and the capital loans.
In the context of the reduction and repayment of the guarantee capital of the association and the merger of the association, the amount of the capital loan to the creditor shall not be paid until the said measure is registered.
In this law With significant binding Means the connected relationship that arises when:
(1) the natural or legal person, directly or indirectly, owns at least 20 % of the shares, contributions or shares of one of the Community;
(2) the natural or legal person has, directly or indirectly, at least 20 % of the voting rights produced by shares, members or shares in the Community, and this number is based on ownership, membership, The articles of association, the articles of association, or any comparable rules, or any other contract; or
(3) the natural or legal person has the right, directly or indirectly, to appoint or dismiss at least one fifth of the members of a government or an institution comparable to it, or members of an institution; Which have this right, and the right of appointment or dismissal is based on the same elements as the number of votes referred to in paragraph 2.
Where a natural person has a holding, the number of votes or the right of appointment or termination, as referred to in paragraph 1, together with the spouse or person in his/her marriage, whether or not he or she is progressive or The spouse of a relative or the spouse of such a person, or any person who is married to such a person, or with a person who is otherwise engaged in an important economic relationship, is also a natural person, In the relationship referred to in this paragraph, A significant link between the person and the entity or other legal person referred to in paragraph 1.
A significant link shall also arise between two or more legal persons who are controlled by the same natural or legal person.
For the purpose of this Law Service undertaking An entity that provides an insurance company with services related to its principal activity. In addition, a service company is the entity which, as its principal activity, provides services to one or more insurance undertakings by holding, controlling or managing real estate. The service company shall be treated as an accommodation and real estate entity that is subsidiary of an insurance undertaking.
For the purpose of this Law Insurance holding entity A parent undertaking whose principal activity is to acquire and own shares in subsidiaries which are insurance undertakings or insurance undertakings in a third country and at least one of which is an insurance undertaking within the meaning of this Law. However, as an insurance holding entity, the Law on the supervision of financial and insurance groups (699/2004) A group of holdings within the scope of application. The undertakings mentioned in this Article shall be the parent undertaking, the subsidiary undertaking, the insurance undertaking, the foreign reinsurance undertaking and the third-country insurance undertaking as defined in Article 1 of Chapter 12a of this Act.
EEA State Is defined in this Act of the European Economic Area.
The management of the insurance undertaking must carefully promote the interests of the insurance undertaking.
The head office of the insurance company shall be located in Finland.
The insurance company must ensure that it is able to perform its duties as easily as possible in exceptional circumstances, by taking part in contingency planning in the insurance sector and preparing in advance in exceptional circumstances and by other measures. Financial supervision may grant derogations from the obligation laid down in this Article if it is justified by the size of the insurance undertaking, the nature or extent of the activity or any other specific reason.
Where the tasks to be incurred as a result of paragraph 1 require measures which are clearly different from the activities of the non-conventional insurance undertaking and which entail substantial additional costs, such costs may be reimbursed. The law on security of supply (1390/1992) From the Guarantee Fund.
An insurance undertaking may be established by one or more natural or legal persons ( Founder ).
At least one of the founders must have their habitual residence or, if the founder is a legal person, domiciled in the European Economic Area, unless the Insurance Supervisory Board grants a derogation. A derogation may be granted if it does not jeopardise the effective supervision of an insurance undertaking or the management of an insurance undertaking in accordance with sound and prudent business principles. (30.7.2004)
The legal person is domiciled in the European Economic Area where it is established in accordance with the law of the State of the European Economic Area and where it has its registered office, central administration or principal place of business in the eea State.
A powerful, bankrupt or non-regulated person cannot be a founder.
The Charter must be set up, which must be dated and signed by the founders.
The Charter must include a proposal for a combined order and include:
(1) the full name and address of the founder, the natural person habitually resident and the Finnish identity number, or, in the absence of this, the date of birth, the registered office, the registration number and the register with which the legal person is registered; (31.3.2000)
(2) in the case of guarantee capital or for the bottom of the base and the giver;
3) for each share of the guaranteed capital ( Guarantee part ) The amount to be paid to the association and, unless the guarantee share has a nominal value, which part of the guaranteed proportion of the amount payable to the association is entered in the guarantee capital; (30.12.1998/1207)
(4) the amount of the guaranteed shares committed by the founders;
(5) the time during which the guarantee shares subscribed by the founders are significant;
(6) the time during which the guaranteed contributions are to be paid; (31.3.2000)
(7) when and how the constituent meeting shall be convened, unless it is held without an invitation in accordance with Article 8 (3); (31.3.2000)
(8) the costs of the association for the establishment of the association, or the estimated maximum amount thereof. (31.3.2000)
Paragraph 3 has been repealed by L 31.3.2000/340 .
The association order of the insurance company shall state:
(1) the trade name of the association, which shall include the term 'insurance undertaking';
2) the municipality of Finland as the place of residence of the association;
(3) the area of activity of the association and the categories of insurance and class groups which are intended to be understood by the association as well as the ancillary activities referred to in Article 5 of Chapter 1;
(4) the amount of the guarantee capital of the association and of the minimum reserves, or, where the guarantee capital can be reduced or increased, the minimum capital and maximum capital, in which case the minimum capital must be at least one quarter of the maximum capital; Or, in the case of a basis, without changing the sequence, the amount and the maximum amount of the fund;
(5) the nominal value of the guarantee shares or, unless the guarantees have a nominal value, the number of guarantees or the minimum and maximum amount;
(6) what is provided for in the interest rate and repayment of the guarantee capital;
(7) an obligation for the shareholder to pay an additional payment to the insurance undertaking;
(8) the term of office of members of the Board of Directors and any alternates;
(9) the term of office of the auditor and the deputy auditor; and
(10) how the remaining assets are to be distributed through the liquidation of the association.
Where an insurance company intends to use its activities in another domestic language, the term of office shall be indicated in the order of association.
If the guarantee capital is distributed in the form of guarantees, the amount of the guarantee shall be equivalent.
Subject to the provisions of paragraph 1, the association order shall not be subject to provisions relating to the insurance relationship.
The organisation of the insurance company and its changes shall be submitted to the Financial Supervisory Authority.
Financial supervision shall not strengthen the association order or its change if the intended insurance activity is such that the obligations arising from the pursuit of which are obvious in relation to the operating conditions of the association Responsibility.
Financial supervision shall not establish the order of association of an insurance undertaking if, for the purposes of determining the order for the consolidation of its activities, an assessment of the maximum amounts provided for in Article 1 (2) of Chapter 1 may exceed the following five years During.
L to 30/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
The Association of Insurance Consorties and its amendments shall be submitted to the Insurance Supervisory Authority.
The Agency shall not establish an association order or its amendment if the intended insurance business is such that the obligations arising out of its pursuit are clearly disproportionate to its ability to assume its responsibilities.
Guarantee capital and bottom of the insurance company ( Basic capital ) Shall be at least eur 42 000. The basic capital of an insurance undertaking to be set up shall be paid in cash.
Paragraph 2 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
If the association's activities cover a personal insurance or association with more than 25 municipalities, the basic capital shall be at least eur 84 000.
The nominal value may be determined by the order of the nominal value. If the nominal value is not fixed, the amount of the guarantee shall be calculated by dividing the guarantee capital by the number of guarantees. Unless otherwise provided for elsewhere in the law, the accounting countervalue shall apply.
The amounts laid down in this article can be adjusted by a decree of the Ministry of Social Affairs and Health to reflect changes in the general price level.
Within six months of the date of initiation of the application and the submission of the necessary documents and reports, the Insurance Supervisory Authority shall decide on the establishment or non-endorsement of the association.
In the absence of a decision within the period laid down in paragraph 1, the applicant may lodge a complaint. The appeal shall be deemed to have been submitted to the decision rejecting the application. Such a complaint may be lodged until a decision has been taken. Financial supervision shall be notified to the Authority by the Financial Supervisory Authority. The remainder of the complaint is governed by the Law on Financial Supervision (878/2008) . (19/12/2015)
The association shall not be established if:
(1) an important relationship between a natural or legal person and an insurance undertaking is subject to an essential assessment of the performance of the supervision of an insurance supervisory agency; or (29.1.1999/81)
(2) a State which is founded on a natural or legal person with a natural or legal personality which does not belong to a natural or legal person which is not part of the European Economic Area, legislation or its implementation Assess the performance of the control referred to in paragraph 1.
The contributions of the insurance undertaking on the basis of the criteria shall be entered in the document ( Labelling document ), accompanied by a decision of the Insurance Supervisory Authority on the establishment of the Statutes and the Association Order. The association may not rely on any other form of warranty on the mark if, prior to the registration of the association, the constituent informs the registry authority of the error. (31.3.2000)
If the guarantee element is indicated on terms which are not in accordance with the provisions of the Charter, the label shall be invalid. However, if the lack of competence has not been notified to the registrant before the registration of the association, the label shall be binding. In this case, the signer cannot rely on that condition.
When the association is registered, the label cannot rely on the validity of the label to justify the fact that the condition laid down in the Charter has not been fulfilled.
The founding fathers shall decide on the approval of the label and the number of guarantees to be given to the signer. If the founder of the Charter has declared a certain amount of guarantees, he or she shall be given at least that amount. The Treaty shall be accompanied by a decision on the acceptance of guarantee marks which have not been entered in the memorandum of incorporation. (31.3.2000)
If the guarantee is not provided in accordance with the label, it shall be communicated to the subscribers without undue delay.
The establishment of an insurance undertaking shall be decided at the constituent meeting. The constituent meeting shall be held within one year of the establishment of the association order.
If the association's basic capital is only a bottomless fund, or if the bondholders are not members of the association, they will decide to set up the association.
If all the guarantees are marked and the approved subscribers agree or if the establishment is decided in accordance with paragraph 2, the constituent meeting may be held without an invitation.
In the case referred to in paragraph 3, the founders shall invite their approval to the constituent meeting as provided for in the Charter. Labelling lists and documents mentioned in the memorandum of establishment shall be held by the Founding Fathers for at least one week before the meeting in the invitation mentioned in the invitation.
The original charter and the documents referred to in paragraph 4 shall be presented by the founders at the meeting. It is also necessary to inform the founders of the number of guarantees that they have approved, the distribution of the guarantee shares to the subscribers and the amount of the guarantee contributions. This information shall be included in the minutes of the meeting.
If it is proposed to amend the provisions of the Charter, the decision to set up an association shall not be taken until a decision has been taken on the proposal. If a decision is taken to amend the association order, the decision to set up an association shall not be taken until the Insurance Supervisory Authority has confirmed the changes in the association order. (31.3.2000)
The insurance company was established if, at the establishment meeting within the period referred to in Article 8 (1), the establishment was supported by a majority of the votes cast and at least two-thirds of the guaranteed contributions of the meeting Or in the case referred to in Article 8 (2), two thirds of the founders and, if the founding meeting can be demonstrated:
(1) that the sequence has been established;
(2) that all the guarantees are marked, and both the guarantee shares and the base fund have been paid into the account of the foreign credit institution which is entitled to the deposit of the deposit bank or deposits held in Finland.
(31.3.2000)Otherwise, the establishment of the association shall be deemed to have lapsed. In this case, the founding fathers shall be responsible for the return of the amount paid and the amount paid and the return on the basis of the guaranteed contributions.
When the association is established, the constituent elections must be submitted to the Assembly. The amount paid for the tranches and the bottom of the bottom line shall not be used until the Government has been elected. (31.3.2000)
Otherwise, in the case of the constituent meeting, the provisions of this law and the provisions of the Association Agreement shall apply mutatis mutandis to the Assembly.
If the amount of the guarantee has not been paid in time, the government must recover the delay without delay. The Board of Directors may determine the amount of the entitlement to the guarantee if the late payment is not paid within one month of the end of the period of payment referred to in Article 2 (2) (6).
If the right to a guarantee has been lost, the government may issue a guarantee to a new signer who shall without delay complete the amount due under the guarantee. Before the notification of the association, the Board of Directors must annul the guarantees which have not been fully paid. The Government's decision to annul the guarantee units must be attached to the memorandum of incorporation.
If, for the reasons referred to in paragraph 2, the guarantee element is nullified, each part of the guarantee and the non-payment shall be required to pay the association in return for a third of the amount to be paid.
The provisions of this Article shall apply mutatis mutandis to the founders of the insurance undertaking until the association is established in accordance with Article 9.
Within three months of the date of adoption of the decision, the insurance undertaking shall be notified to be registered. Registration shall be provided in the trade register (129/1979) . The aggregate nominal value of the contributions to the subscribed and subscribed capital shall be registered as guaranteed capital less than the sum of the aggregate nominal value of the guarantee shares of the cancelled guarantee units. Where the guarantees do not have a nominal value, the amount of the guarantee capital shall be used to calculate the amount of the guarantee capital in the calculation of the nominal value instead of the nominal value. In addition, the number of bottoms shall be registered.
The register shall be accompanied by:
(1) a statement that the association order has been established;
(2) the assurance that the members of the Board of Directors and the Executive Director of the Insurance Association have complied with the provisions of this Act and that the amount paid out of the guarantee contributions and the base fund are owned and controlled by the association;
(3) a certificate by the auditors that the provisions of this Act concerning the payment of the guarantee capital and the base fund have been complied with.
If, within the period referred to in Article 10 (1), no registration has been registered or if registration is refused, the establishment of the registration shall lapse.
The members of the Board of Directors shall be responsible for the return of the amount paid in the form of guarantees and the return on the basis of the amounts paid and the return received after deduction of the measures referred to in Article 13 (1). Costs.
The amount to be paid out of the guarantee shall not be at the nominal value of the guarantee element or, unless the guarantee part of the association is based on a nominal value, the amount of the guarantee capital referred to in Article 2 (2) (3) of Chapter 2 shall be lower. (30.12.1998/1207)
The receipt of a debt on the basis of the mark on the basis of a guarantee can only take place with the agreement of the government. The consent shall not be given if it would harm the association or its creditors.
The association shall not divulge or issue a claim on the basis of its mark. If the association is declared bankrupt, it is a case of bankruptcy.
If the amount of the guarantee is handed over to the other before the amount is fully paid, the transferee shall also be liable for payment of the contribution to the list of guarantees.
Prior to registration, an insurance undertaking cannot acquire rights or enter into commitments or apply, carry or reply to the courts or other authorities. However, before the founding meeting, the founders may use the power of speech in matters relating to the establishment of the association and, if so, to take action to obtain payment of the guarantee.
In the case of the association, prior to the registration of the association, those responsible for the obligation to carry out the registration were jointly and severally liable. However, the obligation arising from the establishment or after the meeting after the meeting shall pass to the association after it has been registered.
If, before the date of registration, an agreement has been concluded on behalf of an association with a person who knew the association was unregistered, he may, unless otherwise agreed, waive the contract if no application was made in Article 11 Within the prescribed period or the registration authority has refused to register the association. If the contractual partner did not know that the association was unregistered, he may waive the contract until the association is registered.
All of the guaranteed shares of the insurance company shall produce equal rights in the association. The association may, however, stipulate that the association shall have or may be given certain qualifying holdings. At the same time, the differences between the different types of guarantee cooperative species and the number of guarantees for each species should be mentioned.
The association order may provide that a certain type of guarantee may be converted into a different form of guarantee in a given order. Following confirmation of the change in the association order resulting from the conversion, the measure shall be notified without delay for the purpose of registration. Once the registration has been submitted, the conversion shall be deemed to have been implemented.
Subject to the law or the association order, the guarantee element may be released and acquired without restriction. In the association order, these rights may be restricted only in accordance with Articles 3 and 4.
Securities held by insurance undertakings shall not be subject to the (495/1989) in Chapter 1 of Chapter 1 Of the European Union.
When the securities are offered to the public, the securities of an insurance undertaking shall be informed that the securities may not be admitted to trading in the securities market.
The association order may provide that the owner, association or other person shall have the right to redeem the guarantee portion of the owner other than that of the association. The redemption clause shall provide for the rights of redemption and the extent to which the mutual privilege of redemption is determined.
Unless otherwise specified in the order of association:
(1) the right to redemption applies to all kinds of recoveries;
(2) the guarantees covered by the same recovery shall be all redeemed;
(3) the redemption price is the fair price of the guaranteed part of the guarantee in which, in the absence of other explanations, the agreed price is maintained in the absence of any other explanation;
(4) the Government shall notify the transfer of the guarantee element to the person entitled to redeem the guarantee element, in writing or in the form of an invitation to the association meeting within one month of the notification to the Government of the transfer of the guarantee component;
(5) the redemption requirement shall be presented to the beneficiary of the association or association within a period of two months from the date of notification to the Government of the transfer of the guarantee component; and
(6) the redemption price shall be carried out within one month of the end of the period referred to in paragraph 5, or, where the redemption price is not fixed, the fixing of the redemption price.
The periods referred to in paragraph 2 (4) to (6) shall not be extended in the order of association.
Before finding out whether the right of redemption is used, it is not the right of the association to which the guarantee component has been transferred, but also the right to receive and benefit from the guarantee in the form of a guarantee. The rights and obligations arising from the guarantee allowance shall be passed on to the person exercising his right to claim.
The association can only redeem the guarantee element with funds that can be used for distribution. The redemption decision shall be taken by a simple majority of the Assembly. The draft decision and decision shall mention the redemption price and the payment period of the guarantees to be redeemed. For the rest, the redemption decision shall apply as provided for in Article 1 (3) to (5) of Chapter 5 of the decision on the reduction of the guarantee capital. The guaranteed portion of the guarantee shall be cancelled or remitted. Articles 3 and 6 of Chapter 5 shall apply to the cancellation of the guarantee. The guarantee shall continue to be provided for in Article 4 (4) of Chapter 5a.
The association may provide that the consent of the association is required for the acquisition of the guarantee component. However, such a provision does not apply to the guarantee element acquired in the event of a forced sale or bankruptcy.
The administration shall be decided by the Board of Directors, subject to the association order. The association order may be subject to the conditions for granting consent. If the same recovery has acquired several guarantees, the question of consent shall be determined for all of them in the same way, unless otherwise specified in the order of association.
If, within two months of the arrival of the application, the applicant has not been informed in writing of the agreement on the agreement, the consent shall be deemed to have been given.
Prior to granting consent, the transferee shall not be entitled to any other entitlement under the guarantee, other than the right to the distribution of funds and the right to a guarantee co-operative. Without the consent of the association, the guarantee element obtained under the privilege does not give rise to this better law.
If the association's guarantee holdings do not have a nominal value, the Assembly may decide, as provided for in Article 17 of Chapter 7, to increase the amount of the guarantee contributions without raising the guarantee capital or to reduce the number of guarantees without reducing the amount of the guarantee capital. Addition and reduction shall take place in relation to the holdings of the guarantee units and the guarantee share species. The deductible contributions shall apply mutatis mutandis to the provisions of Sections 6 and 14 of Chapter 3.
The rights of the owner of the guarantee element generated by the new guarantee units shall apply mutatis mutandis to the provisions of Section 8 (3) of Chapter 4. The number of guarantees shall be deemed to be reduced when the decision is registered.
The guarantee book may only be made available to a designated person and may only be given to the guarantee unit that is listed in the guarantee list. The guarantee book may relate to a number of guarantees. The guarantee book shall not be issued until such time as the association or the guarantee capital increase is registered and the full payment of the guarantee has been made.
The guarantee book shall mention the trade name and registration number of the association and the serial number of the guarantee or guarantee cooperative. The guarantee book shall be dated and signed by a person authorised by the government or by the government. The signature may be carried out by printing or other comparable means. (31.3.2000)
If the association can have a guaranteed premium for the issuance of a guarantee cooperative, the type of guarantee units must be mentioned in the guarantee book. Where the statutes contain a provision referred to in Article 1 (2), or in Articles 3 or 4, or an order that the owner of the guarantee unit may be subject to the obligation to make special payments to the association, it shall be mentioned in the guarantee book. In addition, the Guarantee Section shall mention the order of the association referred to in Article 5 (2) of Chapter 5. (31.3.2000)
If, due to the redemption of the guaranteed part of the guarantee or when the association is unloaded, it shall be recorded without undue delay in the guarantee book. (31.3.2000)
If, in the event of death, the guarantee book has been issued instead of the other, the guarantee book shall mention it.
The association's Board of Directors is obliged, at the request of the owner of the guarantee, to provide bail bonds.
At the request of the owner of the guarantee, the Board of Directors shall receive a reasonable fee for the distribution of the guarantee book or the combination of the guarantee cooperative or any other exchange if there is a question of the same type of guarantee.
Before issuing the guarantee book, the association may issue a certificate issued to a designated person concerning the right to one or more of the guaranteed tranche and which contains a condition for issuing a guarantee guarantee only against the return of the certificate. (provisional certificate) . The certificate shall be accompanied by an indication as to whether the guarantee component has been fully paid and, upon request, an indication of the fees paid. The certificate of signature and certificate shall be valid, as provided for in Article 5 (2) and (3).
If the guarantee book or the Interim Certificate is handed over or pledged, the amount of the promissory note shall apply accordingly. (622/47) in Articles 13, 14 and 22 Is provided for in promissory notes. For the purposes of those provisions, the person holding a bond or a Interim Certificate and which, according to a mark made by the association, is registered as the owner on the list of guarantees shall be treated as: According to Article 13 (2) of the promissory note, the right to be paid by the promissory note is required.
Once an insurance undertaking has been established, the Board of Directors shall, without delay, draw up a list of all the guarantee contributions of the association (guarantee list) . The list shall be included in the order, the date of issue, the date of issue and the name and address of the owner. (31.3.2000)
The subscriber holders shall be kept in an alphabetical list, which shall include the personal data referred to in paragraph 1 and the number of guarantee units owned by each of them.
If there are different types of guarantee in the association, there will be a list of the guarantee cooperative list and a list of the owner-owners to which each guarantee part belongs.
The list of guarantees and the list of gar owners may be kept in the form of a reliable bulk or card system and may be drawn up by means of automated data processing or in other comparable ways.
An acknowledgement of receipt, as well as a statement of proof of the performance of the stamp duty laid down by the beneficiary's association, as well as any other change notified to the association listed in the guarantee list, is without delay: To be entered on the list to be included in the list of guarantees and the guarantee unit. The marking must be dated. However, if the bond owner or any other person has a right to cash in accordance with Article 3, or if the consent for the acquisition of the guarantee element referred to in Article 4 is required, the entry shall not be made until it has become clear that the right of redemption is not used, Or before consent has been given.
If the last donation of the guarantee is entered in the guarantee book or on the provisional certificate in an open transfer, the name of the new owner shall be entered in the guarantee book or the provisional certificate before the receipt is entered in the lists. The guarantee certificate or the provisional certificate submitted to the association shall be accompanied by a certificate of marking and the date thereof.
The list of guarantees and the list of gar owners must be kept at the office of each association of the association from which the association is managed. (Headquarters).
Everyone has the right to receive a copy of the list of guarantees and the part of the guarantee unit or part thereof, after having replaced the expenses of the association.
The beneficiary does not have the right to exercise the rights of the guarantee unit in the association before he or she has been entered on the guarantee list or has been informed by the association and submitted a report. This does not apply, however, to the right to a guaranteed part of the guarantee, which is used by means of a guarantee or a certificate issued by the association or other special certificate issued by the association.
If a number of people own the guarantee part, they may only exercise the rights of the guarantee unit within the association through a single representative.
If, according to this law, the Guarantee Act must be accompanied by a mark or if, on the basis of a decision on the distribution of the guarantee shares of the Assembly, it is replaced by two or more guarantees, the association may waive the interest rate on the guarantee portion, Until the guarantee book is presented for the purpose. Similarly, if the guarantee book is to be changed as a result of the provision of a certain type of guarantee in accordance with the order of the association, it is necessary to convert it into a different form of guarantee.
The guarantee capital may be increased by subscription or by increasing the nominal value of the guarantee shares against a fee.
The increase in the guarantee capital will be decided by the Assembly. Where the increase in the guarantee capital requires an amendment of the association order, the association shall apply for the amendment to the amendment of the Insurance Supervisory Authority as provided for in this Act. The decision to increase the guarantee capital shall not be taken prior to the registration of an insurance undertaking. (31.3.2000)
Similarly, as provided for in this Chapter, the increase in the guarantee capital must be applied to the formation of guarantee capital.
In the case of an increase in the guarantee capital, only the guarantee unit of the insurance undertaking has the privilege of acquiring new guarantees ( Labelling privilege ), unless otherwise specified in the statutes.
In the case of new labelling, the association meeting may decide to derogate from the right of entry if there is an economic reason for the exemption. The decision shall be valid only if it has been supported by shareholders with at least two-thirds of the votes cast.
The time limit for the use of the right of entry shall not be less than two weeks from the start of the subscription period.
In addition to the information referred to in Article 4 (1), the Government's proposal for a decision on the new marking shall be based on the criteria for determining the marking price. In addition, if there is a proposal to derogate from the right of labelling, a statement of reasons should also be provided. If a derogation is proposed for the benefit of the association referred to in Article 11 (2) of Chapter 8 of the Insurance Companies Act, the proposal shall also explain how much he owns in the guarantee capital of the Society and how much he has The number of votes cast by the association's guarantee units prior to and after the renewal of the guarantee, provided that all the guarantees offered to him and the new mark are entered in full.
Unless the annual accounts are dealt with by the Assembly, the proposal referred to in Article 3 shall be accompanied by:
(1) copies of the documents relating to the last annual accounts and the decision of the association meeting for the profit or loss of the last financial year;
(2) if more than six months have elapsed since the end of the last financial year, a mid-term decision, which shall not be older than four months, drawn up and audited in accordance with, where applicable, the financial statements Provisions and regulations;
(3) a statement by the Government of the events which have a material impact on the status of the annual accounts and the establishment of the interim financial statements;
(4) the opinion of the auditors and the Management Board on the report referred to in paragraph 3.
If a derogation is proposed for the labelling privilege, the proposal shall be accompanied by an auditor's opinion on the criteria for determining the subscription price and for reasons of exception.
The main content of the proposal referred to in Article 3 shall be set out in the invitation to the meeting and shall indicate how the holder of the right of the right of labelling must proceed to exercise his/her right.
The proposal, together with its annexes, shall be kept at the head office of the shareholders and the guarantee unit at the headquarters of the association for at least one week before the association meeting and without delay to send to the shareholder or the shareholder who so requests, and Be placed at the meeting of the association.
The decision on the increase in the guarantee capital shall state:
1) an increase in the amount of the guarantee capital ( Rate of increase );
(2) the new qualifying holdings of which are, if there are, or may be, different guaranteed contributions in the insurance undertaking;
(3) the privileges of the holder of the subscription right to the marking of the guarantees, or who otherwise has the right to subscribe to the guarantee holdings;
(4) the time of the guarantee entry and the shorter period of time, at least one month from the beginning of the subscription period within which the holder of the right of subscription may exercise his privileges;
(5) the nominal amount of the guarantee and the amount to be paid from the guarantee component;
(6) the time during which the guarantees must be paid; and
(7) the criterion of providing for significant amounts of guarantees in respect of which the privilege was not exercised within the prescribed period, as well as the argument that, in the event of an overstatement, the guarantee units which are not covered by the privileges, unless the government Be given the right to decide on these matters.
Where a provision in accordance with Article 1 (2), (3) or 4 (2) of Chapter 3, or Article 5 (2) of Chapter 5 applies to new qualifying holdings or to new guarantee holders, in accordance with the association order, the obligation to pay special charges may be imposed The association, the decision to increase the association, shall mention it.
If the decision to increase the content is different from what has been mentioned in the notice of the meeting, the holder of the right of subscription shall be immediately informed of the decision as to the invitation to the assembly. At the same time, it is necessary to indicate how the holder of the right of the right of access must proceed if he wishes to exercise his privileges. The period of entry shall not start to run before the notification.
The new guarantee element may be marked by the use of the right to sign, provided that the order has been completed and the government has given its consent. The documentation of the order shall be kept at the headquarters of the association for a period of at least one week before the association meeting and shall be sent without delay to the shareholder who so requests, and shall be displayed at the assembly meeting.
The new guarantees shall be marked on the labelling list, which shall include a decision to raise. Copies of the order of association, the decision of the Insurance Supervisory Authority to strengthen the change of association and the documents to be displayed in accordance with Articles 3b (2) and 5 shall be included in the labelling list or To be displayed on the list in the list mentioned above. (31.3.2000)
Where the guarantee element is marked for non-compliance with the provisions of paragraph 1 or indicated under certain conditions, the provisions of Section 6 of Chapter 2 shall apply accordingly.
When the guarantee element is entered, the guarantee book shall be presented and labelled as having been used.
If the amount of the guarantee units in accordance with the decision to increase is not marked during the marking period, the decision to raise and the corresponding amortisation of the amalgamations shall have lapsed. In that case, the amount paid out of the subscribed contributions shall be repaid immediately.
The decision to raise the guarantee capital and, where an increase in the association order has to be amended, the change in the statutes shall be declared to be registered if, under Article 1 (1), they have lapsed. Registration shall be subject to the requirement that the mark-up is paid in full to the account held by an association in Finland with a deposit bank or a foreign credit institution entitled to the receipt of deposits. (31.3.2000)
The register shall be accompanied by a declaration by all members of the Board of Directors of the Board of Directors, as well as by the Executive Director, that the increase in the guaranteed capital has been complied with in accordance with the provisions of this Act and that the amount paid for the increase in the registration is to be Owned and controlled. The notification shall also be accompanied by a certificate from the Association's auditors that the provisions of this Act concerning the payment of the guarantee capital have been complied with. (31.3.2000)
If no notification of the increase in the guarantee capital has been made within one year of the decision to increase or if registration has been refused, the provisions of Article 7 (1) shall be complied with.
The guarantee capital shall be deemed to have been raised when the registration has been submitted.
The new guarantee shares shall confer entitlement to interest and other rights in the insurance undertaking from the date on which the increase is registered, unless otherwise specified in the decision to raise. However, the rights shall begin at the latest one year after registration.
Articles 9a and 12 of Chapter 2 shall apply mutatis mutandis to the new label. Moreover, the obligation to offset the debt on the basis of the subscription of the guarantee is valid, as provided for in Article 5 of this Chapter.
Paragraph 10 has been repealed by L 31.3.2000/340 .
The guarantee capital of the insurance undertaking may be reduced only:
1) to cover the immediate loss of a consolidated balance sheet of which free equity and reserves are insufficient;
2) in order to annul the guarantee units of an association or association of its subsidiaries.
The reduction of the guarantee capital will be decided by the Assembly. No decision shall be taken prior to the registration of an insurance undertaking. The decision shall be valid only if it has been supported by shareholders with at least two-thirds of the votes cast. In addition, if the guarantee capital is proposed to be reduced by other means other than those of the owners of the guarantee units, the agreement of the guarantee unit-owners concerned shall be required.
The decision to reduce the guarantee capital shall state:
(1) the purpose of the reduction in guaranteed capital;
(2) the amount of guaranteed capital by type of guarantee by type of guarantee;
(3) the impact of reduction on the equity of the association;
4) in which order the guarantee units are invalidated.
The proposal for a decision shall contain the information referred to in paragraph 3. If the amount of the guarantee capital is proposed to be reduced by other means other than those of the owners of the guarantee units, the proposal for a decision shall state the reasons, provide a report on the impact of the reduction on the ownership of the guarantee shares and the distribution of the voting rights And describe the proportion of the affiliated association's guaranteed capital as referred to in Section 11 (2) of Chapter 8 of the Insurance Companies Act, and the proportion of the voting rights produced by the guarantee units before the The reduction of the guarantee capital and thereafter. If the guarantee capital is reduced otherwise than in relation to the ownership of the guarantee unit, the proposal for a decision shall be accompanied by an opinion of the auditors for the reasons set out in the proposal. Otherwise, Article 3a (1) and (2) of Chapter 4 shall apply.
Article 4 (3) and Article 4 (3) shall apply to the notice of meetings, the proposal for a decision and the notification to the owner of the guarantee unit.
In addition to what is laid down in this Chapter, the reduction in the guaranteed capital of an insurance undertaking and the repayment of the guarantee capital shall be subject to the provisions of (624/2006) Chapter 14 (2) and Articles 3 to 7 provide for the use of the share capital of a limited liability company to cover the immediate cover of a loss to which capital is not sufficient. As regards creditors, the provisions of the Companies Act apply to creditors other than insurance creditors in the insurance company.
If, in the circumstances referred to in Article 2 (2) of Chapter 14 of Chapter 14 of the Companies Act, other creditors than insurance creditors are entitled to object to the distribution of the free equity of the insurance company to the shareholders, the association shall apply before the The consent of the financial supervision to the distribution of free equity.
Financial supervision shall give its consent to the application referred to in paragraph 1, unless the distribution of the free capital to the owners of the guarantee does not jeopardise the insured interests. In addition, Article 11 (2) and Article 15 (1) of Chapter 14 shall apply to the granting of financial supervision. Financial supervision shall have the right to attach the conditions necessary for the granting of consent in order to safeguard the interests of the insured.
Where a reduction in the guarantee capital of an insurance undertaking requires an amendment of the association order, the association shall apply for the amendment to the amendment of the Insurance Supervisory Authority as provided for in this Act. Unless the decision on the reduction of the guarantee capital is notified to be registered within one month of the date on which the change in the association order has been validated by the Agency, the decision to reduce shall lapse. The guarantee capital shall be deemed to have been reduced when the change in the statutes is registered.
The period of one month referred to in Article 3 (3) of Chapter 14 of the Sharehold Companies Act shall be calculated from the date on which the financial supervision has given the consent referred to in Article 2 (2) of this Chapter to the distribution of the free equity of the insurance undertaking and where the financial supervision is Confirmed the amendment of the association order referred to in Article 3 of this Chapter. An application to the registry authority referred to in Article 3 (3) of Chapter 14 of the Companies Act shall be accompanied by an explanation of the consent of the financial supervision and the establishment of the association order.
The insurance undertaking shall, at the latest on the date referred to in Article 4 (4) of the Companies Act, present to the registration authority a statement that the consent of the financial supervision has been obtained by the law. If the consent of the financial supervision has not been obtained by the law at the latest on the date referred to above, the registry authority shall defer the proceedings until such consent is legally binding.
The distribution of the free equity capital of the insurance company may be effected when the reduction or distribution of free equity is registered in the manner required by Article 5 of Chapter 14 of the Companies Act.
The guarantee capital of the insurance company or part thereof may be repaid in accordance with Chapter 11, Section 2, by means of distributable assets, by means of a profit-making fund corresponding to the amount paid. The repayment of the guarantee capital shall be decided by the association meeting.
The association order shall determine the order to be followed in the repayment of the guarantee capital and the price to be paid or the basis for the calculation of the guarantee. The order for repayment of the guarantee capital, which will be incorporated into the association order by amending it, may only be subject to significant additional guarantees after the decision, provided that all gar owners have not given their consent.
The association order shall be subject to the necessary amendments once the decision has been taken to repay the guarantee shares.
The guarantee elements of a reduced or repayable amount of tranche shall be removed from the guarantee list and the guarantee certificates shall be rendered unfit.
The insurance undertaking shall receive its own guarantee contributions only as provided for in this Chapter. The insurance undertaking may only take its own contributions as collateral in the manner prescribed in paragraph 2.
In the event of a merger or any other form of insurance, an insurance undertaking may acquire or take the guarantee part of an insurance undertaking which forms part of an insurance undertaking. The insurance undertaking has the right or the obligation to redeem the guarantee in the cases referred to in Article 3 (3). In the auction, the insurance company shall buy a fully paid-up guarantee of the insured person's receivables.
The insurance undertaking or its subsidiary shall not subscribe to the guarantee units of the association. If the association has subscribed to the guarantee in the context of its establishment, the founding fathers shall be deemed to have subscribed. If the association has subscribed to the guarantee units on the new label, the members of the Board of Directors and the Executive Director shall be deemed to have subscribed. Signals shall be jointly responsible for the payment of the label. However, it is not regarded as an indication that he objected to the labelling or that he did not know and should not have known about the label.
Anyone who, in their own name, has subscribed to the association's behalf, shall be deemed to have subscribed to the guarantee.
In cases other than those referred to in Article 1 (2), the insurance undertaking may acquire its own guarantee holdings only with funds which may be used for distribution. The Association shall decide, mutatis mutandis, as provided for in Section 1 of Chapter 5, on the decision of the Assembly, on the proposal for a decision, on the manner in which it is to be consulted, on the invitation to the meeting and on the notification to the owners of the guarantee. The decision on the acquisition of own guarantees shall be taken by a qualified majority as provided for in Article 17 (1) of Chapter 7.
The association shall decide on the transfer of own guarantee units belonging to the association. The decision of the association, the proposal for a decision, the invitation to the meeting, the shareholders and the owner of the guarantee unit, the notification to the shareholders and the owners of the guarantee unit, and the registration of the Assembly's decision Shall apply mutatis mutandis as regards the increase in the guaranteed capital provided for in Chapter 4.
The guarantee book shall not be disclosed until such time as it has been paid in accordance with the decision.
In the case of an insurance undertaking, the amount of the guarantee must be handed over no later than three years after the yield.
The tranches which have been acquired contrary to the provisions of this Chapter shall be handed over without delay and no later than six months after the yield.
If the guarantee units have not been surrendered within the time limit laid down in paragraphs 3 or 4, the guarantee capital shall immediately be reduced by an amount equal to the sum of the nominal amount of the guarantee units by the amount of the guarantee.
The insurance company shall have a government comprising at least three and a maximum of five members. However, in the association order, there may be more than five members. In addition, the Board may have as many alternates as members.
The Board of Directors is elected by the Association. The Board of Directors' right to choose the Board of Directors is set out in Article 10 (4).
The term of office of a member of the Board of Directors shall be laid down in a The term of office shall end no later than the fourth financial year after the election, either at the end of the new election meeting or at the end of the financial year.
What this law provides for a member of the Board of Directors shall also apply to an alternate.
The insurance company must have a ceo. The Executive Director shall be selected by the Management Committee.
The Executive Director shall have the right to resign. The withdrawal shall not enter into force at the earliest when it is notified to the Government.
The Board of Directors may dismiss the Executive Director. The withdrawal shall take effect immediately, unless the government decides on a later date.
As far as the Executive Director is concerned, this law also applies to his replacement.
As a member of the Board of Directors or as managing director, there can be no legal person or a minor or the person who has been assigned a trustee whose viability is limited or bankrupt. The effect of the ban on business is laid down in the law on the business ban (1059/1985) .
At least one member of the Board of Directors and the Executive Director shall have his habitual residence in the European Economic Area, unless financial supervision grants a derogation. A derogation may be granted if it does not jeopardise the effective supervision of an insurance undertaking or the management of an insurance undertaking in accordance with sound and prudent business principles.
The Government and the Executive Director of the insurance undertaking shall lead the insurance undertaking in a professional manner, in accordance with sound and prudent business principles and sound administration principles. The members of the Board of Directors and the Executive Director shall be of good repute and shall have the professional competence and experience required for the performance of the task. In addition, the Executive Director and the Board of Directors shall have a general knowledge of insurance activities, which is necessary to the quality and extent of the activities of the insurance undertaking.
The insurance undertaking shall without delay inform the Financial Supervisory Authority of any changes that have occurred at the head of the association. The notification shall provide a statement that the members of the Board of Directors and the Executive Director meet the requirements set out in paragraphs 1 to 3.
Paragraphs 1, 3 and 4 provide for the member of the board of the insurance undertaking to apply to the insurance holding entity accordingly.
Financial supervision shall provide further details of the reports referred to in paragraph 4.
Article 3a has been repealed by L 29.12.2009 .
A member of the Board of Directors may resign before the end of his term of office. The resignation shall be notified to the Board of Directors and, if the outgoing member has selected the Management Board, including this. The resignation shall be dated and signed. A member of the Board of Directors may, before the end of his term of office, be relieved of his duties by the person who elected him. If a board member has been elected by a member of the Board of Directors and the association order is amended in such a way that the Board of Directors no longer has a supervisory board, the member shall dismiss the assembly.
The resignation of the outgoing member shall take effect no earlier than the date of notification to the Government. The term of office of the dismissed member shall expire at the end of the decision-making assembly, unless the Assembly decides otherwise. The term of office of a member of the Board of Supervisors shall expire immediately, unless otherwise indicated in connection with the separation.
Where a member of the Board of Directors becomes vacant during the term of office or if a member of the Board loses his or her capacity as referred to in Article 3, a member shall be replaced by an alternate, acting in accordance with the order of association or alternate, The choice has been made. In the absence of an alternate, the other members of the Board shall ensure that the new member is elected for the remainder of his term of office. If the choice is made by the Assembly and the Board of Directors and their alternates are quorum, the choice may take place at the next meeting of the Association.
If a member of the Board of Directors has reason to believe that the association no longer has any other members of the Board of Directors, he or she shall be obliged to submit a request to the Financial Supervisory Committee to convene a meeting of the new government.
If an insurance company does not have a board of directors registered in the trade register, the financial supervision shall be convened by the association meeting or, if the Board is elected by the Board of Directors, to elect a government. If the association does not have a trade repository executive director, the financial supervision should be invited by the Board of Directors to select the Executive Director. Where the government or the Executive Director is not informed, or without delay, of the trade register, the financial supervision shall be imposed by one or more contractors to conduct the affairs of the association until the Management Committee or the Executive Director has been elected and marked The register.
In the case referred to in paragraphs 4 or 5, where the financial supervision has not already taken the necessary measures, a member of the Board, a managing director, a shareholder, a creditor or any other whose right may depend on the fact that the association has: The competent government and the Executive Director.
The Board of Directors is responsible for the management and proper organisation of the activities of the insurance undertaking ( General powers ). The managing director of the association shall manage the day-to-day administration of the association in accordance with the instructions and instructions of the Board ( General competence of the Executive Director ). Actions which, taking into account the extent and nature of the activities of the association, are unusual or of general scope, shall only be carried out by the Executive Director if the Board of Directors has delegated him to it or the decision of the Board of Directors cannot be expected without Activities essential to the operation. In the latter case, the government shall be informed as soon as possible of the measure. The Executive Director shall provide the Government and the Member with the information necessary for the performance of the functions of the government.
The Board of Directors is responsible for the proper organisation of accounting and financial control. The Executive Director shall be responsible for ensuring that the accounts of the association are in accordance with the law and in a reliable manner.
The government must have a president. The Chairperson shall be elected by the Management Committee, unless otherwise specified in the statutes or otherwise decided upon when the government is elected. By the votes of the Board of Directors, the election shall be determined by the election of the President. The Executive Director shall not be the Chairman of the Board.
The President shall ensure that the Board meets as appropriate. The Chairperson shall be convened by the Chairperson if required by a member of the Board of Directors or the Executive Director. The Executive Director shall, even if he is not a member of the Board, have the right to be present at the meetings of the board and to exercise the power of speech, unless the government decides otherwise. If, despite the request of the Chairman of the Board of Directors, an invitation to a meeting is convened, the invitation may be submitted by the Executive Director or by a member of the Board of Directors, if at least half of the members of the Board of Directors are
The Board of Directors may decide that a member of the Board of Directors may not be present at the meeting. The presence may also be prescribed in the order of association.
A protocol to the meeting of the Board of Directors shall be drawn up, signed by the President of the Assembly and by at least one member of the Board of Directors. A member of the Board of Directors and the Executive Director shall have the right to have their dissent in the minutes. The minutes shall be numbered consecutively and kept in a reliable manner.
The Board of Directors shall have a quorum when the arrivals have more than half of its members if the association order does not require a higher number. The amount shall be calculated from the selected board members. The calculation of the amount of the aesthetic shall not be deemed to be present. No decision shall be taken unless, as far as possible, all members of the Government have an opportunity to take part in the proceedings. If a member of the Board of Directors is prevented from attending, he shall be given the opportunity to take part in the proceedings. Where a decision is taken without a meeting, the decision shall be signed, numbered and maintained, as provided for in Article 6 (4) of the meeting of the Board of Directors.
The decision of the Board of Directors shall, unless a qualified majority is required according to the order of association, the majority opinion. In the event of a tie, the decision shall be expressed by the President. In the event of a tie in the election of the Chairperson, and in the event of the election of the government or otherwise provided for in the order of association, the election shall be resolved on a daily basis.
A member of the Board of Directors or the Executive Director shall not participate in the proceedings of the agreement between him and the insurance undertaking. Nor shall he take part in the proceedings of an agreement between an association and a bystander if he or she has an essential interest which may conflict with the interests of the association. As far as the agreement is concerned, the same applies to the trial or any other power of speech.
The Board of Directors may, in an individual case or in an association order, take a decision on a matter falling within the general competence of the Executive Director.
The Board of Directors may decide to refer a matter falling within the general competence of the Government or the Executive Director to the Assembly.
Where an insurance undertaking has become a parent association or has ceased to be a parent association, the Board of Directors shall immediately inform the government or the corresponding institution of the subsidiary. The Government or equivalent institution of the subsidiary shall provide the Board of Directors with the information necessary for the assessment of the status of the group and for calculating the result of its activities.
§ 9 has been repealed by L 29.12.2009 .
Where the basic capital of an insurance undertaking is at least eur 84 000, the association order may provide that the association must have a management board.
The Governing Board shall have at least five members. The Executive Director or a member of the Board shall not be a member of the Management Board. The number or minimum and maximum number of members of the Management Board and any substitutes and the term of office shall be mentioned in the order of association.
The Board of Directors shall elect the Management Board. Article 1 (3) and (4), Article 3 (1), Articles 4 and 6 to 8 and Article 4 (4) of Chapter 16 provide for the members, alternate members and the Chairperson of the Board of Directors, shall apply accordingly to the members of the Management Board, the alternates and the Chairperson.
The statutes may stipulate that the Board of Directors shall select the Board and determine the remuneration of its members. The right of the Governing Board to request the convening of an extraordinary association meeting is laid down in Article 9 of Chapter 7. The Management Board shall not be entrusted with any tasks other than those mentioned in this Act.
The Management Board shall supervise the management of the association under the responsibility of the Board of Directors and the Executive Director. Otherwise, the Board of Supervisors may, in the order of association, only assign tasks and tasks falling within the general competence of the Government, which are not provided for in the other institution. The Board of Supervisors shall not be authorised to represent the association. The Board of Directors and the Executive Director shall provide the Management Board and its members with the information they deem necessary for the performance of their duties.
The government represents an insurance company.
The association order may provide that a member of the Board of Directors or the Executive Director shall have the right to represent the association or that the Board of Directors may grant such a right to its members, the Executive Director or any other person. Articles 3 and 8 shall be governed by the Executive Director, who is not a member of the Board or the Executive Director.
The right to represent the association may be restricted in such a way that two or more persons have only one right. No other restriction shall be entered in the trade register. The statutes of the association shall limit the powers of the representative.
The Board of Directors may at any time withdraw its right to represent the association.
The Executive Director shall have the right to represent an insurance undertaking in a case which, pursuant to Article 5, is one of his duties.
The association, the Board of Directors, the Executive Director or the Management Board shall not take a decision or take any other measure which is likely to produce a shareholder or any other unjustified advantage at the expense of an insurance undertaking or another shareholder.
The Board of Directors, the Board of Directors, the Board of Directors, the Board of Directors or the Executive Director shall not comply with a decision taken by the Assembly, the Management Board or the Board of Directors, which shall be invalid on the basis of this Act or of the Association Order.
A legal act adopted on behalf of the Society for the purposes of this Act shall not be binding on the association if the representative:
(1) has acted in breach of the eligibility limit provided for in this Act;
(2) has acted contrary to Article 12 (3); or
3) has exceeded its powers and the Court of Justice was aware of, or should have known, the exercise of the powers.
In the case referred to in paragraph 1 (3), the fact that the person who was the subject of a legal action knew or should have known that he had exceeded his powers cannot be regarded merely as having jurisdiction over The restrictions are registered.
The shareholders shall exercise their power at the Association Meeting of the Insurance Association.
Every shareholder has the right to participate in the assembly and exercise the power of speech. However, the shareholder of the qualifying guarantee party shall have such a right only if he is listed on the guarantee list or has informed the association and has submitted a report on it.
The association may order that the shareholder be invited to attend the association meeting at the latest on the date specified in the invitation to the meeting, which may not be earlier than 10 days before the meeting.
The association shall decide on the matters covered by this Act. The association agreement may stipulate that the assembly shall decide on a matter falling within the general competence of the Executive Director and the Government.
Article 8a (2) of Chapter 6 lays down the general competence of the Board of Directors and the Executive Director of the General Assembly for a decision to be taken by the Assembly. In any case, the shareholders may decide in an individual case to take a decision on a matter falling within the general competence of the Board of Directors or the Executive Director.
The guarantee part of the insurance undertaking or its subsidiary shall not be part of the association meeting. Such a guarantee element shall not be taken into account when a qualified decision or the exercise of a given right is required for the consent of all the gar owners or the consent of the owners of their guarantee unit, which have a qualifying holding of the association's guarantee shares.
The provisions of paragraph 1 shall apply mutatis mutandis to the insurance based on the insurance of the association and its subsidiary.
The shareholder shall exercise his/her right to the assembly in person or through an agent. The document must be presented by the client. The authorisation shall apply to one meeting, unless otherwise specified in the credentials. However, the proxy is valid for a maximum of three years from its adoption.
The shareholder and agent shall have an assistant at the meeting. (31.3.2000)
A member of the Board of Directors and a member of the Management Board and the Executive Director shall have the right to be present at the assembly, unless the association meeting decides otherwise. The Board of Directors, the Management Board and the Executive Director shall ensure that Question Time as referred to in Article 15 may take place. The statutory auditor's attendance at the association meeting shall be governed by the Audit Act (17/01/2015) . The association may also allow the presence of other persons at the assembly.
L to 22/2015 Article 3a shall enter into force on 1 January 2016. The previous wording reads:
A member of the Board of Directors and a member of the Management Board and the Executive Director shall have the right to be present at the assembly, unless the association meeting decides otherwise. The Board of Directors, the Management Board and the Executive Director shall ensure that Question Time as referred to in Article 15 may take place. The statutory auditor's attendance at the association meeting shall be governed by the Audit Act (209/2007) . The association may also allow the presence of other persons at the assembly.
The shareholder of the insurance undertaking shall have one vote at the meeting, unless otherwise specified in the order of association.
The association meeting may, on its own behalf or under the authority of the other, vote in favour of a maximum of twenty-one votes at the meeting.
The common voice of the owners of the qualifying holdings shall, taking into account the limit referred to in paragraph 1, account for a maximum of half of the common voting rights of the other shareholders represented at the meeting.
The association shall be held at the place of residence of the insurance undertaking, unless the association order provides for another place in the area of activity of the association. For very weighty reasons, the assembly can be held in other places, but not outside the European Economic Area.
A party may not, himself or through an agent, vote in a joint meeting on an action against a shareholder against himself or for his or her exemption from liability or other obligations towards the association. In addition, the shareholder or his agent shall not be allowed to vote on an action against another person or for exemption from the obligation if a shareholder has an essential interest in the matter, which may be contrary to the interests of the association With.
Paragraph 1 shall not apply if all the members of the association are prevented from doing so.
The association meeting shall be held within six months of the end of the financial year.
The Joint Assembly shall decide on:
1) establishing the financial statements, which includes the consolidation of consolidated financial statements;
2) the use of the proceeds of the balance sheet;
(3) discharge for the members of the Board of Directors, the members of the Management Board and the Executive Director;
(4) the election of the Board of Directors and the members of the Board of Directors and the auditor, unless otherwise provided for in this Act or in the order of association; and
(5) in accordance with the rest of the association, for the purposes of the association meeting itself.
An additional association meeting shall be held if:
(1) in the order of association so provides;
(2) the Government considers that this is warranted;
(3) it shall be required by the shareholder or auditor in accordance with paragraph 2;
(4) Whereas the Board of Governors considers it to be relevant and, in accordance with the association order, has the right to decide whether to hold an extraordinary assembly; or
(5) Financial supervision in writing shall require the notification of a particular case.
An additional assembly shall be held if the auditor or the shareholders of an insurance undertaking having at least one-tenth or a smaller part of the total number of members of the shareholders, in writing, require For the purposes of the proceedings.
The call for meetings shall be submitted within two weeks of the date of the request.
The shareholder shall be entitled to a meeting of the Assembly under this law to be referred to the Assembly if he/she so requests in writing from the government that it may be included in the notice of the meeting.
The board is convened by the government. However, where an insurance undertaking has a Management Board, the Board of Supervisors may, however, order the Board to convene a meeting of the Association.
In the absence of a meeting of the Assembly, even if the call is made by law, by association or by the decision of the assembly, or if the provisions or provisions in force at the invitation of the meeting have been substantially infringed, the financial supervision shall: At the request of a member of the Board of Directors, a member of the Management Board, the Executive Director, the auditor or a shareholder, to convene a meeting at the expense of the association. Financial supervision may call a meeting of the Association, even if the application is not made. The financial supervision decision can be implemented without legal force.
An invitation to the assembly shall be submitted no earlier than two months and no later than one week before the meeting or the last date of registration in accordance with Article 1 (3). Where, according to the statutes, the validity of the decision is required for the decision to be taken at two joint meetings, the invitation to the latter meeting shall not be submitted until the last meeting has been held. The invitation shall state the decision taken at the last meeting.
Any shareholder whose address is known to the insurance undertaking shall send a written notice to the meeting, unless otherwise specified in the order of association.
In addition to what is laid down in the order of association, each shareholder whose address is known to the association shall send a written invitation if the meeting is to discuss the amendment of the statutes as referred to in Article 18.
The meeting shall include the name of the association, the time and place of the meeting and the items to be discussed at the meeting. If the meeting deals with the amendment of the association order, the invitation shall indicate the main content of the amendment.
The association shall decide only on a matter which has been mentioned in the invitation to the meeting or which, according to the association order, must be dealt with at the meeting.
The draft decisions of the Board of Directors and, in the case of accounts, annual accounts, annual accounts and audit reports shall be held for at least one week before the meeting to be seen by the shareholders in the Association's headquarters or on the website, Any delay shall be sent to the shareholder who requests it, and shall be placed at a meeting of the association.
If the decision concerns the granting of a guarantee share, the granting of special rights to guide rights or other specific rights, the distribution of profits or other economic benefits, the distribution of the free equity fund, the reduction of the guarantee capital, The acquisition or redemption of the guarantee units or the liquidation of the association, and shall not address the financial statements, as provided for in paragraph 1, shall include:
(1) the last annual accounts, the activity report and the audit report;
(2) a decision on the allocation of funds, if any, after the end of the last financial year;
(3) interim reports drawn up after the end of the last financial year; and
(4) the accounts of the Board of Directors after the establishment of the annual accounts or the interim report.
The association may decide that the case will be postponed to a further meeting.
The case concerning the approval of the annual accounts and the exercise of the profit shall be postponed to a further meeting, if required by shareholders with at least one third or a smaller part of the meeting ordered by the meeting The sum of the votes of the shareholders represented. The following shall be held no earlier than one month and no later than three months after the actual association meeting. The decision does not need to be removed from the requirement of a minority.
A different invitation shall be submitted to the meeting if it is held more than four weeks after the meeting. An invitation to a further meeting may always be submitted no later than four weeks before the meeting.
Any non-compliance with the provisions of this law or of the statutes of this law may only take a decision if the shareholders who are affected give their consent.
The association meeting shall be convened by the person designated by the party. The association meeting shall be elected by the President of the Association, unless otherwise specified in the order of association. In the event of the association meeting the President of the Assembly, this shall also open a meeting.
The President of the meeting shall ensure that a list of the shareholders present, the agents authorised by the shareholders and their assistants is drawn up, including the number of votes in each policyholder, and Number and number of votes of the guarantee unit ( Code list ). The list of shareholders' shareholders shall be available at the meeting.
The Presidency shall also ensure that the minutes of the meeting are kept. The voting list shall be included or included in the minutes. The minutes shall be included in the minutes of the meeting and, if the decision has been put to the vote, the result of the vote. The minutes shall be signed by the President and at least one of the minutes appointed at the meeting. No later than two weeks after the meeting, the meeting shall be held at the headquarters of the association or on the Internet site to be seen by the shareholders and shall be provided with a copy to the requesting shareholder. The records must be kept in a reliable manner. The shareholder shall have the right to receive a copy of the annexes to the minutes of the Conference of the Association.
At a meeting of the Assembly, the Board of Directors and the Executive Director shall provide more detailed information on matters which may affect the assessment of the matter at the meeting. If the meeting deals with the financial statements, the obligation shall also apply to the economic status of the association in general, including the association's association with another community or foundation belonging to the same group. However, the information must not be provided if the provision of such information to the association is essential.
If a shareholder's question can only be answered on the basis of information which is not available at the meeting, a written reply shall be given within two weeks. The reply shall be forwarded to the shareholder and the other shareholder who submitted the question.
The decision of the association shall be the opinion which has been in favour of more than half of the votes cast or, by the vote, to which the President agrees. Elections are deemed to be the one that gets the most votes. The association may, however, before the election, decide that the person elected will receive more than half of the votes cast. In the event of a tie, the election shall be settled.
What has been said in paragraph 1 shall be valid, subject to the law or order of association. However, in the event of an election, the association shall not be subject to an order to mitigate the majority requirement laid down in this Act.
The association shall be decided by the Assembly. The decision shall be valid only if it has been supported by shareholders with at least two-thirds of the votes cast.
The decision to amend the Statutes shall be notified without delay by the Financial Supervisory Authority and shall not be executed until the decision is registered. In the event of a change in the statutes necessitating implementing measures to be entered in the register, the amendment shall be notified to be registered and registered with the implementing measures. If the change in the combination of the guarantee capital or the nominal value of the guarantee units is subject to an increase or decrease of the registered guarantee capital, the decision on the amendment of the association order shall be the subject of a financial supervision Any change, however, shall be registered and registered only at the same time as the increase or reduction.
The provisions of paragraph 2 shall also apply to the amount of the guarantee capital, its minimum or maximum amount or the change in the nominal value of the guarantee units in the case of registration.
The decision to amend the association order so that, in the case of the guaranteed shares already issued, the payment obligations of the gar owners to the association are added, the right to obtain a guarantee for the association shall be limited by the provisions laid down in Chapter 3, Sections 3 or 4. , or the mutual relationship between the rights of the holding of the same species, requires, in addition to the agreement of all shareholders or a decision pursuant to Article 17 (1), the agreement of the guarantee unit owners, which A change in the guaranteed rates.
Decision to amend the association order in such a way that more than one tenth of the profit for the financial year, after deduction of the amount required to cover the loss in the preceding financial year, shall be transferred to the reserve fund or the bottom line Or otherwise not allocated shall be valid only if the shareholders who have more than nine tenths of the security contributions represented at the meeting have supported it.
In the case of a number of guarantee societies in the insurance undertaking, the merger of the merging association, the transfer of the insurance stock, the liquidation and liquidation of the insurance stock and the validity of the decisions to terminate the liquidation shall be subject to the provisions of Article 17 (1) In addition to the decision, the decision is to be supported by at least two thirds of the guaranteed contributions of each type of guarantee cooperative.
A shareholder shall be given consent to modify the association order if the shareholder's payment obligation to the association is added or the association's entitlement to damages is limited within the meaning of Article 15 of Chapter 15.
No decision shall be taken at the association meeting which is of unjustified interest to the shareholder or other person at the expense of an insurance undertaking or another shareholder.
Where the decision of the Assembly is not born in the appropriate order, or if it otherwise is contrary to this law or of law or order, the shareholder, the Government of the insurance undertaking, the member of the Board of Directors or the Executive Director shall bring an action against the association. In order to declare the decision invalid or to be amended.
The action shall be instituted within three months of the date of the decision. If the shareholder has had an acceptable reason for the delay and the decision to remain valid would be manifestly unreasonable for him, the action may be instituted no later than one year after the date of the decision. If the action is not brought within the time limit, the decision shall be deemed valid.
Paragraph 2 shall not, however, apply to:
(1) where the decision is such that it is not legally possible to do so with the consent of all shareholders;
(2) if, in accordance with this law or in accordance with the statutes, the consent of all or certain guarantee-party owners has not been given; or
(3) in the absence of an invitation to a meeting or if there has been a substantial breach of the provisions or provisions in force at the invitation of the meeting.
The ruling of the Court of Justice, in which the decision of the Assembly has been declared invalid or amended, shall also apply to those shareholders who have not joined the proceedings. In the judgment in the case of a claim, the decision may be declared invalid or may be amended by the applicant. At the same time, the applicant's request may be prohibited from enforcing an unqualified decision.
Where the decision taken by the Board of Directors on a case under a mandate is clearly in accordance with Article 19 and contrary to Article 20 (3) (1) or (2), it shall apply to the equivalent decision of the Association Provides.
The association meeting of the insurance company may decide to convert the association into a mutual insurance company. The decision to amend the Community form shall be valid if it is carried out in accordance with Article 17 (1) of Chapter 7.
The association shall, within three months of the decision of the association meeting, apply to the insurance company Financial supervision in accordance with the provisions of Chapter 2 of the Insurance Companies Act and, at the same time, apply for the modification of the Community form To the corporate order confirmation of the financial supervision.
The financial supervision shall be subject to an application for the establishment of the statutes referred to in Article 1 at the expense of the association in the Official Journal, unless it considers that the application must be rejected. The alert shall invite the members of the association and the insurance creditors who wish to make reminders against the application to submit a reminder to the Financial Supervisory Authority within a period not exceeding two months. Financial supervision shall, without delay, require the association to provide information on the alert at least in one of the local newspapers of the association and, where appropriate, in the form of financial supervision.
Financial supervision shall establish the Articles of Association if it complies with the conditions laid down in Section 6 of Chapter 2 of the Insurance Companies Act and the conversion of an association to a mutual insurance company does not infringe the insured interests.
Financial supervision has the right to attach the necessary conditions to the strengthening of the articles of association in order to safeguard the interests of the insured.
The association and the reminders may appeal against the decision in accordance with the provisions of the Law on Financial Supervision. The appeal must be treated as a matter of urgency.
L to 30/2015 Article 2 enters into force on 1 January 2016. The previous wording reads:
On the application referred to in Article 1 relating to the strengthening of the articles of association, the financial supervision must be at the expense of the Association in the Official Journal, unless it considers that the application must be rejected. The alert shall invite the members of the association and the insurance creditors who wish to make reminders against the application to submit a reminder to the Financial Supervisory Authority within a period not exceeding two months. Financial supervision shall, without delay, require the association to provide information on the alert at least in one of the local newspapers of the association and, where appropriate, in the form of financial supervision.
Financial supervision shall establish the Articles of Association if it complies with the conditions laid down in Article 5 of Chapter 2 of the Insurance Companies Act and unless the change of association to the mutual insurance company infringes the insured interests.
Financial supervision has the right to attach the necessary conditions to the strengthening of the articles of association in order to safeguard the interests of the insured.
The association and the reminders may appeal against the decision in accordance with the provisions of the Law on Financial Supervision. The appeal must be treated as a matter of urgency.
The transformation of the insurance company into a mutual insurance company shall be notified for the purpose of registration within six months of the establishment of the Statutes. Registration shall be subject to the full payment of basic capital according to the articles of association. If the new guarantees are included in the overcapacity, the amount exceeding the nominal value shall also be paid. Where the guarantees do not have a nominal value, the amount of the guarantee capital shall be used in the calculation of the nominal value instead of the nominal value in accordance with Article 2 (2) (3) of Chapter 2. The insurance company is considered to have become a mutual insurance company when the change is registered.
Unless the authorisation referred to in Article 1 (2) or the fixing of the Statutes is withdrawn within the prescribed period, or where the financial supervision rejects the application for authorisation or the establishment of the Statutes, the decision shall have the force of the law or, unless: The change in the Community form within the period referred to in Article 3 shall be registered or, if registration is refused, the modification of the Community form shall lapse.
The members of the Board of Directors shall be responsible for the return of the amount paid jointly and severally.
If the transformation of an insurance undertaking into a mutual insurance company increases the liability of shareholders for the commitments of the association, a policyholder who has not contributed to the decision and who does not have an insurance contract law (543/94) Shall be entitled, within three months of the notification referred to in paragraph 2, to terminate the contract of insurance in writing. (28.6.1994/546)
The Board of Directors shall notify the decision referred to in paragraph 1 by alerting, within one month, the registration of the Statutes in the Official Journal and at least in one of the newspapers of the company's seat.
The audit of the insurance company is laid down in this chapter and in the audit law.
The insurance undertaking shall have one auditor, unless the association order provides for more than one auditor. The auditors shall elect a meeting. If more than two auditors must be selected, the sequence may stipulate that someone or some of them, not all of them, shall be set in other order.
If only one auditor has been elected to an insurance undertaking and this is not an audit firm, at least one prudential inspector shall be selected. The provisions of this Law and of the Audit Act shall apply to the auditor, mutatis mutandis. (18.9.2010)
L to 22/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
If only one auditor has been elected to an insurance undertaking and this is not a KHT or HTM entity within the meaning of Article 2 of the Court of Auditors, at least one prudential inspector shall be selected. The provisions of this Law and of the Audit Act shall apply to the auditor, mutatis mutandis.
A party may require a single auditor to participate in the audit alongside the other auditors. A proposal to this effect shall be made at the Assembly in which the auditors must be selected or where the matter of the notice of the meeting is to be addressed. If, at a meeting of the association, the proposal is supported by voters who have at least one third of the votes cast at the meeting, the shareholder may, within one month from the meeting, apply for the supervision of the statutory auditor. The financial supervision shall, after consulting the Board of the Association, be subject to the appointment of an auditor for the duration of the first annual meeting to be held for the next financial year.
The statutory auditor's term of office shall be specified in the order of association. The duties of the auditor shall expire at the end of the actual association meeting which shall be deemed to be the end of the last financial year of his term of office, unless otherwise determined by the association order or by the decision of the new auditor. However, the association cannot stipulate that the statutory auditor's term of office shall continue until further notice.
The continuous audit carried out by the statutory auditor for the financial year shall, to the extent to be sufficient, extend to the extent to which the liability, operational capital, investment activity, insurance and compensation activities and the insurance undertaking are to be carried out, and Transactions between entities belonging to the same group or group of insurance undertakings.
The audit referred to in paragraph 1 shall be submitted to the Board of the Association.
The Board of Directors and the Board of Directors shall, at least once a year, consult the auditor on the financial position and internal control of the association and on other issues raised in the audit.
L to 30/2015 Article 2a enters into force on 1 January 2016. The previous wording reads:
The continuous audit carried out by the statutory auditor for the financial year shall, to the extent to be sufficient, extend to the extent to which the liability, operational capital, investment activity, insurance and compensation activities and the insurance undertaking are to be carried out, and Transactions between entities belonging to the same group or group of insurance undertakings.
The statutory auditor shall, at least once a year and at the request of the financial supervision, verify whether the list of assets referred to in Article 6 (6) of the Insurance Companies Act and the assets entered in it are fulfilled by law Requirements.
The audit referred to in paragraphs 1 and 2 shall be submitted to the Board of the Association.
The Board of Directors and the Board of Directors shall, at least once a year, consult the auditor on the financial position and internal control of the association and on other issues raised in the audit.
In the insurance company, the auditor and deputy auditor shall be an auditor within the meaning of the audit law.
L to 30/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
In a large insurance undertaking, at least one auditor shall be a kHT auditor or a kHT auditor within the meaning of Article 2 (2) of the Audit Act.
For the purposes of Article 25 (1) (8), Chapter 5 and Article 40 (2) (1) of the Court of Auditors, the Court of Auditors shall be subject to the provisions of Articles 25 (1), 5 and 40 (2) of the Court of Auditors Audits and auditors.
In a small insurance undertaking, the auditor and the deputy auditor shall be a KHT auditor or a kHT entity or a HTM auditor or an HTM entity within the meaning of Article 2 (3) of that Act.
Financial supervision shall be subject to the notification by an auditor who meets the eligibility criteria for an insurance undertaking, if:
(1) the auditor has not been elected in accordance with this law or the law of auditors;
(2) the auditor does not have the qualification referred to in this law or in Section 1 of Chapter 2 of the Law of Auditing, or is not independent, within the meaning of Article 6 of Chapter 4 of the Court of Auditors, or is in the meaning of Article 7 of Chapter 4 of the same law; Obstacle; or
(3) there has been a breach of the number or the validity of the statutory auditor.
(18.9.2010)L to 22/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
Financial supervision shall be subject to the notification by an auditor who meets the eligibility criteria for an insurance undertaking, if:
(1) the auditor has not been elected in accordance with this law or the law of auditors;
(2) the auditor does not have the qualifications referred to in this law or in Article 3 of the Law of Accounts or is not independent, within the meaning of Article 24 of the Court of Auditors, or is not aesthetical within the meaning of Article 25 of the same law; or
(3) there has been a breach of the number or the validity of the statutory auditor.
In the cases referred to above, the notification may be made by anyone. The Board of Directors shall be obliged to make a declaration, unless the person who is elected by the auditor is to choose a qualified auditor without delay.
Financial supervision shall request from the Board of Auditors of Patentand the Registry of the Board of Auditors for its opinion on the independence referred to in paragraph 1 (2) prior to its resolution. (18.9.2010)
L to 22/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
The financial supervision shall be requested from the Audit Board of the Central Chamber of Commerce for an opinion on the independence referred to in paragraph 1, paragraph 2, before it is resolved.
Before the provision mentioned in this article is adopted, the Board of Association shall be consulted. The order shall remain in force until the Association has been elected to replace the auditor appointed by the Financial Supervisory Authority.
Paragraph 5 has been repealed by L 19.12.2008. .
A party may require a specific check to be carried out on the administration and accounting of an insurance undertaking for a period ending in a given period or on certain measures or circumstances. A proposal to this effect shall be made at the main association meeting or in the Conference of Associations, where the matter shall be dealt with in accordance with the meeting invitation. If the voting rights, which have at least one third of the votes cast at the meeting, have supported the proposal, the shareholder may, within one month from the association meeting, apply for the supervision of the inspector to the Financial Supervisory Committee.
The special inspector must be a natural or audit firm. The special inspector shall have a knowledge and experience of economic and legal matters as well as the quality and extent of the audit function necessary for the performance of the task.
Financial supervision shall be subject to consultation with the Board of the Association and, if the application is applied to a particular person's actions, this person. The application shall be granted if there are serious reasons for the submission of the inspection. Financial supervision may specify one or more inspectors. The order may be implemented without legal force. The inspector has the right to receive a fee from the association.
As for the auditor, Articles 15 to 7, Chapter 16, Section 4 and Chapter 2, Sections 1 and 7 of Chapter 2, Articles 9 and 10, Chapter 4, Sections 6 to 8 and Article 3 of Chapter 10 shall apply mutatis mutandis to the inspector referred to in this paragraph. (18.9.2010)
L to 22/2015 The amended paragraph 4 shall enter into force on 1 January 2016. The previous wording reads:
As regards the auditor, Articles 5 to 7, Chapter 16, Section 4 of Chapter 16 and Articles 3, 8, 18, 19, 24 to 26 and 51 of the Code of Auditors shall apply mutatis mutandis to the inspector referred to in this paragraph.
The inspection shall be accompanied by an opinion to the Assembly. The opinion shall, for a period of at least one week before the association meeting, be held at the head office of the association to be seen by the shareholders and promptly sent to the shareholder who is requesting it, and shall be placed at the association meeting.
Financial supervision may provide more detailed provisions for the report referred to in Article 2a (3).
The activity report, the financial statements, the consolidated financial statements, the derogation and the opinion of the accounting board shall be governed by Articles 1 and 3 to 26, 30 and 31 of Chapter 8 of the Insurance Companies Act, or in accordance with Sections 28 or 29 of that Chapter. Provides for the activity report, the annual accounts, the consolidated financial statements, the waiver and the opinion of the accounting board, subject to the provisions of this Chapter.
Paragraphs 1 to 2 have been repealed by L 29.12.2009 .
The provisions of Sections 1 to 3, 6 and 9-11 and Article 13 (1) of the Insurance Companies Act concerning the liability of the insurance company also apply to the liability of the insurance company.
Countervailing measure of the insurance company Refers to the amount of risk theoretically calculated in the case of high-injury years.
At the lower level of the level Means the difference between the minimum amount of the adjusted solvency capital referred to in Article 8 (8) and the difference in the operating capital corrected by the items mentioned in Article 7. However, the level of the level of equalisation cannot be negative. The upper limit of the level of equalisation Means a quantity which, on the basis of risk-theoretical calculations, is considered to be reasonable, taking into account the risk-transfer methods, as being reasonable for the continuation of insurance activities.
The insurance company shall have the calculation basis for the countervailing and the countervailing and the upper limit. The association shall apply for a countervailing charge to the Financial Supervisory Authority.
The Decree of the Ministry of Social Affairs and Health provides for the calculation of the countervailing amount of an insurance undertaking, the amount of the countervailing amount and the countervailing amount and the calculation of the countervailing basis.
L to 30/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
The liability liability of the insurance undertaking shall be governed by Articles 1 to 3, 6 and 9 to 11 and Article 13 (1) of the Insurance Companies Act.
The countervailing amount of the insurance company refers to the amount of risk theoretically calculated in the case of high-injury years. The level of the equalisation is the area and the upper limit.
The level of the level of equalisation shall be defined as the difference between the minimum amount calculated in accordance with Article 12 of Chapter 10a, the minimum amount calculated for the adjusted solvency capital and the difference in operating capital listed in Section 7 of Chapter 10a. However, the level of the level of equalisation cannot be negative. For the purpose of calculating the level of the level of the level of the level, the amount which, taking into account the calculation of risk theoretical calculations, is considered to be reasonable in view of the risk-transfer methods, shall be considered to be reasonable for the continuation of insurance activities.
The insurance company shall have the calculation basis for the countervailing and the countervailing and the upper limit. The association shall apply for a countervailing charge to the Financial Supervisory Authority.
The Decree of the Ministry of Social Affairs and Health provides for the calculation of the countervailing amount of an insurance undertaking, the amount of the countervailing amount and the countervailing amount and the calculation of the countervailing basis.
The insurance undertaking shall cover the liability referred to in Article 3 minus the following items:
(1) in the case of reinsurance, the proportion of the total liability of the reinsurers, but not more than 70 % of the total liability; however, the proportion of the reinsurer cannot be deducted if the reinsurer is In liquidation, in bankruptcy or otherwise, it is obvious that the reinsurer is unable to meet its commitments;
(2) the corresponding proportion of the reinsurance undertaking received up to the amount of the corresponding reinsurance claims;
(3) entitlements based on the right of recourse;
(4) the value of the damaged objects covered by their insurance, the ownership of which is transferred or transferred to an insurance undertaking;
(5) expenditure on the purchase of insurance, which has been activated on the balance sheet.
The margin of the liability of the insurance undertaking shall be financial instruments or any eligible immovable property or any rights entered in a public register. The fixed assets covered by the liability debt shall be located in the territory of the European Economic Area. Not more than 30 % of the gross liability amount, but not more than EUR 2 000 000, may be located on a single target.
L to 30/2015 Article 3b enters into force on 1 January 2016. The previous wording reads:
Articles 1, 2, 4 to 18, Article 19 (1), (2), (5) and (6), 19 (1), (2), (5) and (6) of the Insurance Companies Act and Articles 20 and 21 of Chapter 10 of the Insurance Companies Act, unless otherwise specified in this Act, are covered by Articles 10 (1), (2), (5) and (6) and 20 and 21 of the Insurance Companies Act. Provide.
Notwithstanding the maximum limits referred to in Article 17 (1) to (3) of Chapter 10 of Chapter 10 of the Insurance Companies Act, the small insurance undertaking referred to in Article 1 (3) of Chapter 1 of this Law shall not invest more than 30 % of the gross amount of the exposure amount in the EEA Debt certificates of a credit institution or insurance company authorised.
The assets covered by the indemnity of the insurance company shall be valued at the value as they are entered in the association's balance sheet.
L to 30/2015 Article 3c enters into force on 1 January 2016. The previous wording reads:
The Decree of the Ministry of Social Affairs and Health may provide for:
(1) that certain eligible assets are subject to an exception to their fair value if it is necessary due to a high degree of variation in the nature of the asset or for any other reason; and
(2) in respect of the funds referred to in Article 11 (2) (9) of Chapter 10 of the Insurance Companies Act, if it is necessary for the specific risk of such assets to be eligible for the liability.
Financial supervision may, upon application by an insurance undertaking, allow certain eligible assets to be valued in a derogatory manner if this does not jeopardise the interests of the insured person.
For justified reasons, financial supervision may, in individual cases, limit the amount of the investment referred to in Article 3b to the margin of liability or prohibit it if it considers that the insured benefits of the investment are endangered.
In an individual case, the financial supervision may, on the application of an insurance undertaking, for special reasons not exceeding two years:
(1) allow the reinsurance undertaking, as referred to in Article 3a (1), to have a total liability of up to 100 % of the total amount of the liability;
(2) to authorise a reduction in the amount of the liability in the event of liquidation or bankruptcy, in spite of the prohibition of Article 3a (1), or otherwise likely to be met by an insolvent reinsurer; To be fixed up to the amount which cannot be more than 20 % of the total liability;
(3) to authorise the reduction of assets other than those referred to in Article 3a in a manner similar to those listed in Article 3a, if the assets to be deducted are in fact the responsibility of a non-insurance undertaking.
L to 30/2015 Article 3d will enter into force on 1 January 2016. The previous wording reads:
Financial supervision may provide more detailed provisions:
1) the format of the catalogue and its preservation, the marking of the assets in the catalogue, the dates on which the catalogue is drawn up and the dates on which the assets are entered in the catalogue;
(2) the assimilation of another entity to a credit institution or an insurance company where the capacity of the assimilated entity can be regarded as equivalent; and
(3) the use of derivative contracts as a liability margin.
In an individual case, the financial supervision may, on the application of an insurance undertaking, for special reasons not exceeding two years:
(1) allow the reinsurance undertaking, as referred to in Article 3a (1), to have a total liability of up to 100 % of the total amount of the liability;
(2) to authorise a reduction in the amount of the liability in the event of liquidation or bankruptcy, in spite of the prohibition of Article 3a (1), or otherwise likely to be met by an insolvent reinsurer; To be fixed up to the amount which cannot be more than 20 % of the total liability;
(3) authorise the reduction of assets other than those referred to in Article 3a on the total amount of liability if the assets to be deducted are, in fact, the responsibility of a non-insurance undertaking, equivalent to the assets listed in Article 3a;
(4) to accept individual assets which do not form part of the assets listed in Section 4 of Chapter 10 of the Insurance Companies Act, but are similar; and
(5) to increase the maximum amounts under Article 14 of Chapter 10 of the Insurance Companies Act in respect of unsecured debt certificates to a maximum of 8 % and one unsecured debt certificate or a number of unsecured debt certificates issued by the same debtor; Up to 2 % of the total amount of the liability.
Paragraph 4 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
The government of the insurance undertaking must draw up a plan for the investment of the association ( Investment plan ). Financial supervision will provide more detailed provisions for the investment plan.
The insurance undertaking and the insurance holding entity shall have adequate internal control and adequate risk management systems in relation to the quality and scope of the activities of the association. The Insurance Supervisory Authority will provide more detailed provisions for the organisation of internal control and risk management.
Articles 5 to 5c have been repealed by L 29.12.2009 .
Article 5d has been repealed by L 30.12.2004 1320 .
The equity capital of the insurance company is divided into tied equity and free equity. In the case of an insurance undertaking, tied capital is the guarantee capital, the bottom fund, the reserve fund, the revaluation reserve under the accounting law, the fair value fund and the revaluation fund. Other funds, as well as the profit and loss of the financial year and previous financial years, are free equity.
Articles 6a to 9a have been repealed by L 29.12.2009 .
Article 9b has been repealed by L 30.12.2004 1320 .
Article 9 C-9e has been repealed by L 29.12.2009 .
Article 9f has been repealed by L 30.12.2004 1320 .
Paragraph 10 has been repealed by L 31.3.2000/340 .
Articles 11 to 12 have been repealed by L 29.12.2009 .
The business capital of the insurance company shall be the amount in which the association's assets must be deemed to exceed the liabilities of the association and other comparable undertakings as provided for in Article 1a (1) to 1 d.
The insurance undertaking shall comply continuously with the operational capital requirements under this Chapter.
L to 30/2015 Article 1 shall enter into force on 1 January 2016. The previous wording reads:
The activity capital of the insurance company refers to the amount by which the association's assets are to be considered to exceed the liabilities of the association and other comparable undertakings, in accordance with Articles 2 to 5 of Chapter 11 of the Insurance Companies Act. The capital of the non-life insurance company.
Financial supervision may give more detailed provisions to the operating capital of an insurance undertaking in accordance with Articles 2 to 5 of Chapter 11 of the Insurance Companies Act.
The insurance undertaking shall continue to comply with the capital requirements under this Chapter.
In the case of a large insurance undertaking, the amount of the guarantee amount corresponding to Article 3 shall consist of the items referred to in Article 2 (1) and (3) to (7) of Chapter 11 of the Insurance Companies Act, minus the items referred to in Article 5 (5) of the Insurance Companies Act.
The capital of the insurance undertaking shall include:
(1) the basis of the limits laid down in Article 1 (c) and the guarantee capital;
2), within the limits laid down in Article 1c, and subject to the agreement of the financial supervision, provided that 25 % of the total amount of the base fund and the guarantee capital is paid, half of the outstanding amount outstanding and the guarantee capital Of the total quantity;
3) equity funds committed and free of charge;
(4) the profit of the financial year and the preceding financial years;
(5) the accounting law (1336/1997) Section 12 of Chapter 5 The depreciation rate on the balance sheet pursuant to paragraph 1 and the optional provisions referred to in Article 15 of that Chapter;
(6) a positive difference between the fair value and the accounting values of the balance sheet assets in so far as it cannot be considered exceptional in nature;
(7) on application by the association and with the consent of the financial supervision, under the conditions laid down in Article 1 (b) and, within the limits set out in Article 1 (c), the full amount of capital paid for at least five years or at least five years' notice The capital loan;
(8) within the limits set out in Article 1 (c), the additional levy referred to in Article 1 (3) of Chapter 1 of the Insurance Association for the period covered by Article 1 (3); the additional fee may be taken into account for up to half of the fees and charges levied The difference; and
(9) on application by the association and with the agreement of the financial supervision, other items to be assimilated to the above.
L to 30/2015 Article 1a enters into force on 1 January 2016.
In order to calculate the capital loan referred to in Article 1a (7), it must fulfil the conditions laid down in Article 5 (c) of Chapter 1. In addition, it is necessary that:
(1) in a case other than the liquidation or bankruptcy of an insurance undertaking, the principal of the loan shall be repaid in such a way that the association, after the return of the capital, fulfils the solvency requirements of this Chapter;
(2) the loan agreement does not contain an order under which, in circumstances other than that of the winding-up or bankruptcy of an insurance undertaking, the debt must be repaid before the agreed maturity date; and
(3) the loan agreement may be modified only upon application by the insurance undertaking with the permission of the financial supervision.
L to 30/2015 Article 1b shall enter into force on 1 January 2016.
The amount of the outstanding amount referred to in Article 1a (2) shall not exceed a quantity equal to 50 % of the operating capital or the minimum operating capital, whichever is the lower.
The capital loans referred to in Article 1a (7) shall not exceed 50 % of the operating capital or the minimum operating capital, whichever is the lower.
The additional levy referred to in Article 1a (8) shall not exceed a quantity equal to 50 % of the operating capital or the minimum operating capital, whichever is the lower.
The total amount of capital loans taken for the period referred to in paragraph 2 shall not exceed 25 % of the operating capital or the minimum operating capital, whichever is the lower. The amount of capital loans for operational capital shall be steadily reduced from the beginning of each year, provided that the remaining loan maturity of the loan is less than five years.
L to 30/2015 Article 1c shall enter into force on 1 January 2016.
The following items shall be deducted from the operating capital:
(1) the loss of the financial year and the preceding financial years;
(2) a positive difference between the book values and the fair value of the assets;
(3) as a distributable share of the free equity of the association;
(4) the percentage not subscribed to in the profit and loss account of the cost of the declaration, in so far as it exceeds the amount of the cost of the association's cost burden;
(5) the purchase of intangible assets for the purpose of the profit and loss account;
(6) the difference between the indemnity calculated in the absence of an increased liability and the indemnification of the indemnity, if an interest rate is used to calculate the liability of the association;
(7) items similar to those which are not included in the balance sheet, the performance of which must be regarded as likely;
(8) the pledge and mounting of a foreign undertaking;
(9) the maximum possible amount of derivative contracts for the insurance undertaking; and
(10) the fair value of the shares and units of the credit and financial institution, the other insurance undertaking and the insurance company, in so far as the value exceeds 10 % of the subscribed capital of that undertaking.
L to 30/2015 Article 1d shall enter into force on 1 January 2016.
§ 2 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
The large insurance undertaking is subject to the provisions of Articles 7 to 11 and 27 of Chapter 11 of the Insurance Companies Act concerning the non-life insurance company.
The operating capital of a large insurance undertaking shall always be at least equal to the minimum guarantee amount in accordance with Article 3 (2).
The business capital of the insurance undertaking shall be at least EUR 104 000 plus 27 % of the average of the last three financial years of the Association's annual accounts.
The equity capital of the insurance undertaking shall be at least half of the minimum operating capital.
L to 30/2015 Article 2a enters into force on 1 January 2016. The previous wording reads:
The operating capital of a small insurance undertaking shall be equal to or greater than EUR 97 000 plus 27 % of the average of the last three financial years of the Association's annual accounts.
The equity capital of a small insurance undertaking shall be at least half of the minimum operating capital.
The insurance undertaking shall provide the Insurance Supervisory Authority with the calculation of the operational capital requirements in the course of that period. The Insurance Supervisory Authority will provide more detailed provisions for drawing up this calculation.
Paragraph 3 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
The guaranteed amount of a large insurance undertaking is one third of the minimum number of operating capital provided for in Article 2.
The minimum guaranteed quantity shall be:
(1) eur 2 625 000 if any of the risks insured falls within categories 10 to 15 of the non-life insurance category, or more than 10 % of the total insurance contribution or total liability of the association;
2) eur 1 725 000 in other cases.
Paragraph 4 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
The capital of a large insurance undertaking shall be at least half of the guarantee amount of the insurance undertaking within the meaning of Article 3. For the purposes of this Article, equity capital shall be treated as equity capital by an insurance undertaking.
The investment of assets, operating capital, reinsurance and other aspects affecting the solvency of the association shall be arranged in a secure manner, taking into account the likely variability of returns and costs; and Other uncertainties to be assessed.
L to 30/2015 Article 5 shall enter into force on 1 January 2016. The previous wording reads:
Insurance undertakings' operating capital, reinsurance and other aspects affecting the solvency of the association shall be arranged in a secure manner, taking into account the likely variability of returns and expenses, and the other Uncertainties.
Paragraph 1 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
The amounts laid down in Article 3 of this Chapter may be reviewed by the Ministry of Social Affairs and Health by means of a revision of the European Index of Consumer Prices published by the Statistical Office of the European Communities (Eurostat). The revised euro amount may be rounded up to the nearest 100 000 euro.
The decree of the Ministry of Social Affairs and Health may amend the amount of the euro mentioned in Article 2a to reflect changes in the general price level. The revised euro amount may be rounded up to the nearest EUR 1 000.
The solvency capital of the insurance undertaking is the amount of the equalisation amount and the operating capital.
The adjusted solvency capital of the insurance undertaking shall be adjusted by correcting the capital adequacy capital:
(1) by adding the capital loan referred to in Article 1a (7) to the extent that, due to the limitations of Article 1c, it cannot be read in the capital;
(2) by reducing the amount to be charged on the basis of the additional payment obligation referred to in Chapter 1, Section 3, to the extent that it has been included in the operational capital under Article 1a (8) and Article 1c (3) of this Chapter; and
(3) by subtracting the shares and other equity of the credit and financial institution of the association and of the other insurance company or association, as well as the fair value of debentures, subordinated loans and other equity, if: There is a holding within the meaning of Article 1 (1) (3) of Chapter 12a between the holdings and those holdings are not deducted from the operating capital of the association on the basis of Article 1d (10) of this Chapter.
L to 30/2015 Article 7 shall enter into force on 1 January 2016. The previous wording reads:
The solvency capital of the insurance undertaking is the amount of the equalisation amount and the operating capital.
The adjusted solvency capital of the insurance undertaking shall be adjusted by correcting the capital adequacy capital:
(1) by adding the capital loan referred to in Article 2 (7) of Chapter 11 of the Insurance Companies Act to the extent that it cannot be read in the operating capital as a result of the restrictions in Chapter 11, Chapter 11, of the Insurance Companies Act;
(2) by deducting from it the amount to be charged on the basis of the additional payment obligation referred to in Chapter 1 of Chapter 1 of the Insurance Companies Act, in accordance with Article 2 (8) of Chapter 11 of the Insurance Companies Act and Section 4 (3) of Chapter 11 of the Insurance Companies Act. Operating capital; and
(3) by subtracting the shares and other equity of the credit or financial institution owned by the association and of the other insurer or association, and the fair value of the responsible debentures, subordinated loans and other equity, if: The holdings comply with the definition of 'ownership' referred to in Chapter 12a, and these holdings are not deducted from the operating capital of the Society on the basis of Article 5 (10) of Chapter 11 of the Insurance Companies Act.
The risk status of the insurance company shall be tested by comparing the adjusted solvency capital to the minimum amount of the adjusted solvency capital. In the calculation of the minimum amount of the adjusted solvency capital, account shall be taken of the insurance technical risks of the insurance undertaking and the maximum amount of compensation to be borne by the association's own liability for an individual injury event.
The insurance undertaking shall have a calculation basis for the calculation of the minimum amount of the adjusted solvency capital. For the purposes of the calculation, the association shall apply for the confirmation of the financial supervision.
Financial supervision may require that the calculation criteria be adjusted if, because of changes in circumstances, they are no longer applicable.
The adjusted solvency capital of the insurance undertaking shall be at least equal to the minimum amount.
The insurance undertaking shall submit annually to the Financial Supervisory Board the control steps, showing the amount of the adjusted solvency capital of the Society in relation to the minimum amount of the adjusted solvency capital.
Financial supervision may provide more detailed provisions for the information referred to in paragraph 2, the manner in which they are presented and communicated to the Financial Supervisory Board.
Where the adjusted solvency capital of an insurance undertaking is less than the minimum amount of the adjusted solvency capital, the association shall, without undue delay, add to its operating capital or reinsurance or otherwise correct the adjusted solvency capital Above the minimum quantity.
The Decree of the Ministry of Social Affairs and Health provides:
(1) the calculation of the minimum amount of the adjusted solvency capital referred to in Article 8 and the formulae and parameters used for the calculation;
(2) the establishment of a minimum amount of the adjusted capital adequacy capital; and
3. On the basis of preventive monitoring, the documents accompanying the financial statements.
In an individual case, financial supervision may, on the application of an insurance undertaking, agree that the association deviates from the parameters or formulae used to calculate the minimum capital adequacy capital if they do not provide a correct and sufficient picture. The association's risk position.
Financial supervision may provide more detailed provisions for the legibility of lots to be read and deductible under Articles 1a to 1d.
L to 30/2015 Article 13 will enter into force on 1 January 2016. The previous wording reads:
In an individual case, financial supervision may, on the application of an insurance undertaking, agree that the association deviates from the parameters or formulae used to calculate the minimum capital adequacy capital if they do not provide a correct and sufficient picture. The association's risk position.
The funds of the insurance undertaking shall be distributed to the shareholders only according to the provisions of this Law:
1) the distribution of profits and the distribution of funds from the free equity fund;
(2) the allocation of funds in the context of the reduction of the reserve fund or the reduction or repayment of the guarantee capital;
(3) the acquisition, redemption and deposit of own guarantees;
4) the distribution of funds in the event of an association or merger.
Funds shall not be distributed prior to the registration of the association.
What is laid down in this chapter for distributions also applies to interest rates.
The other business event, which reduces the association's assets or increases its liabilities without any economic justification, is illegal.
The distribution of profits shall not exceed the sum of the profit and other free equity of the association, in accordance with the balance sheet established for the last financial year, less than the balance sheet, net of loss and other non-distributable items which are:
(1) the amount which, according to the association order, must be transferred to the reserve or otherwise not allocated; and
(2) the amount of unrealised gains in the valuation of investments included in the main category of the insurance undertaking's balance sheet item "investment" on the basis of Article 17 (1) and (2) of Chapter 8 of the Insurance Companies Act, and the amount of the fair value The amount of the fund is negative.
Section 2 of Chapter 5 applies to the restriction of the distribution of profits resulting from the reduction of guaranteed capital. The restriction on the distribution of interest payable to the capital loan or other crediting shall be governed by Article 5 (2) and Article 5d (1) of Chapter 1.
The distribution referred to in paragraph 1 shall be prohibited where the capital of the insurance undertaking is less than the minimum laid down in Article 5 of Chapter 2. However, in this case the capital shall not be equated with the capital loan taken by the insurance undertaking. The distribution of profits is also forbidden if we know or should know that the association is insolvent. The distribution of profits is also prohibited, if we know, or should know, that the distribution of profits will result in a reduction in equity capital less or the insolvency of the association.
L to 30/2015 Article 2 enters into force on 1 January 2016. The previous wording reads:
The distribution of profits shall not exceed the sum of the profit and other free equity of the association, in accordance with the balance sheet established for the last financial year, less than the balance sheet, net of loss and other non-distributable items which are:
(1) the amount which, according to the association order, must be transferred to the reserve or otherwise not allocated; and
(2) the amount of unrealised gains in the valuation of investments included in the main category of the insurance undertaking's balance sheet item "investment" on the basis of Article 17 (1) and (2) of Chapter 8 of the Insurance Companies Act, and the amount of the fair value The amount of the fund is negative.
The restriction on the distribution of guaranteed capital shall be subject to the provisions of Section 2 of Chapter 5. The restriction on the distribution of interest payable to the capital loan or other crediting shall be governed by Article 5 (2) and Article 5d (1) of Chapter 1.
The distribution referred to in paragraph 1 shall be prohibited where the capital of a large insurance undertaking is less than the minimum amount provided for in Article 4 (4) of Chapter 10a or less than the minimum amount provided for in Article 5 (3) of Chapter 2. However, in this case the capital shall not be equated with the capital loan taken by the insurance undertaking. The distribution of profits is also prohibited if the association fails to meet the requirements for liability coverage, or if it is known or should be aware that the association is insolvent. The distribution of profits is also prohibited, if we know, or should be aware, that the distribution of profits will result in a reduction in equity capital less, the insolvency of the association or the fact that the level of liability does not meet the requirements laid down by law.
An insurance undertaking whose capital, as referred to in Article 10a (2) (a) (2), is less than the double minimum capital of this equity, shall annually reduce the reserve fund by at least 10 % of the profit generated by the movement.
The amount of the guarantee component shall be transferred to the reserve fund in excess of the nominal value obtained from the guarantee shares and the amount to be transferred to the reserve in accordance with the order of business. The association may decide that a certain amount of the free own capital of the balance sheet shall be transferred to the reserve fund.
The reserve fund may be reduced in accordance with the decision of the association meeting only to cover the loss shown in the consolidated balance sheet, unless it can be covered by free capital, or the transfer of funds to the bottom fund.
L to 30/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
A small insurance undertaking whose capital, as referred to in Article 10a (2) (a) (2), is less than the double minimum capital of this capital, shall, on an annual basis, reduce the reserve fund by at least 10 % of the production Of victory. (17,05/0417)
The amount of the guarantee component shall be transferred to the reserve fund in excess of the nominal value obtained from the guarantee shares and the amount to be transferred to the reserve in accordance with the order of business. The association may decide that a certain amount of the free own capital of the balance sheet shall be transferred to the reserve fund.
The reserve fund may be reduced, in accordance with the decision of the Association Council, only to cover the loss shown by the consolidated balance sheet, unless it can be covered by free capital or the transfer of funds to the bottom fund. (31.3.2000)
Article 3a has been repealed by L 29.12.2009 .
A union meeting is decided by the distribution of profits. The association shall decide to distribute more than the amount proposed or approved by the government only if it is required to do so according to the association order.
Where the assets of an insurance undertaking have been distributed to a shareholder contrary to the provisions of this Act, the shareholder shall be obliged to repay the funds thus obtained in the interest (633/1982) (2), together with the annual interest rates provided for in paragraph 2, unless there were reasonable grounds for believing that the distribution of funds had been allocated in accordance with this law.
The participation of those involved in the adoption or implementation of a decision on the allocation of funds or on the drawing up or strengthening of the incorrect balance sheet of which the decision is based shall be co-responsible for the completion of the post-recovery shortfall in Chapter 15 Articles 1, 3 and 4 and Chapter 10, Section 3 of the Audit Act. (18.9.2010)
L to 22/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
The participation of those involved in the adoption or implementation of a decision on the allocation of funds or on the drawing up or strengthening of the incorrect balance sheet of which the decision is based shall be co-responsible for the completion of the post-recovery shortfall in Chapter 15 Articles 1, 3 and 4 and Article 51 of the Court of Auditors. (13.4.2007)
The property of the insurance company is not authorised to use the association's activities, apparently for a foreign purpose.
However, the association meeting may, by means of a decision which has been supported by senior partners with at least two-thirds of the votes cast, make the profit available for the purpose of profit or Compared to own capital, as referred to in Article 2a (2), there is nothing to be said. (20,2015/306)
L to 30/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
However, the association meeting may, by means of a decision which has been supported by senior partners with at least two-thirds of the votes cast, make the profit available for the purpose of profit or In Article 2a (2) or in relation to own capital as referred to in Article 10 (4) of Chapter 10a, there is nothing to be said. (17,05/0417)
The insurance undertaking shall not allow any funds or other assets of the association to be made available to the recipient of funds from the assets of the association or other Community shares, contributions, guarantees or other forms of association belonging to the same group. The shares.
Any credit to the entity within the meaning of the Law on the supervision of the same group or of the law on the supervision of financial and insurance groups, and significant or Decisions of principle shall be taken in the Board of the Insurance Association.
Paragraph 1, which provides for the provision of credit, shall apply mutatis mutandis to the provision of the guarantee or to any other credit provided by the other.
Where the insurance company has provided money or funds to be used against the provisions of Article 7, the provisions of Article 5 shall apply.
Where an insurance undertaking has issued a security against Article 10, it is necessary to ensure that the security is immediately released, or to compensate the association for the value of the security. The replacement shall be paid Article 3 of the Corinth Act The interest rate referred to in paragraph 2. Compliance with the question shall be subject to the provisions of Article 5.
If the distributable assets referred to in Article 2 of the Association have been reduced in such a way that the association should not, according to Article 7, be allowed to give money, the association shall recover the cash loans in so far as they exceed: The amount of distributable assets of the association.
The insurance undertaking shall not give an undertaking to the security of a person's undertaking.
Financial supervision is supervised by insurance companies. The reference in this law to the Insurance Supervisory Board refers to the reference to financial supervision.
The marketing of insurance companies and under the supervision of marketing and contract terms are observed in the Insurance Companies Act (18/0/2008) And the Law on Financial Control.
Where an insurance undertaking is part of a group as referred to in Chapter 26 of the Insurance Companies Act, that law shall apply to the supervision of an insurance undertaking.
L to 30/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
Paragraph 3 has been repealed by L 29.12.2009 .
Financial supervision ensures that insurance companies comply with the law on insurance and good insurance.
The role of financial supervision is to monitor, in particular, that the solvency of an insurance undertaking and the factors affecting it are organised in a secure manner and that the management and control systems of the Society are adequate and reliable. Financial supervision also monitors the marketing of insurance associations and the use of contract terms.
The insurance undertaking and the Finnish insurance holding entity shall, notwithstanding the provisions of confidentiality, provide the Ministry of Social Affairs and Health with the information necessary for the performance of the tasks entrusted to the Ministry.
Paragraph 6 has been repealed by L 19.12.2008. .
If the financial supervision has ordered the cessation of activities of an insurance undertaking, the insurance undertaking shall be liquidated and must be dismantled.
An insurance undertaking with an operating capital less than the minimum operating capital provided for in Article 10a (2a) of Chapter 10a shall, without delay, submit to the financial supervision a plan for the recovery of the economic status of the association.
An insurance undertaking whose own capital does not meet the minimum requirements laid down in Article 10a (2) (a) (2) shall immediately submit to the Financial Supervisory Authority a short-term financing plan for approval.
If, otherwise, the Financial Supervisory Authority considers the insurance policy holders or insured interests to be at risk, the financial supervision may require the insurance undertaking to submit to the Financial Supervisory Authority the financial position of the Society A restructuring plan.
As part of the recovery plan referred to in paragraphs 1 and 3, financial supervision may increase the minimum operating capital requirement of an insurance undertaking in order to ensure that the association is able to fulfil the operating capital requirements In future.
Financial supervision may require that the value of the items in the operational capital referred to in Article 10a of Chapter 10a shall be reduced in the calculation of the calculation in accordance with Article 2b of Chapter 10a, if there have been significant changes in the market value of these items; Between the time of review and the date of preparation, or is otherwise necessary to obtain the correct picture from the calculation.
Financial supervision may, in part or in whole, be prohibited from reading the items referred to in Article 10a (1) (a) (6) and (8) of Chapter 10a into the operational capital of the association.
Financial supervision shall provide further information on the information to be provided in the plans referred to in this Article.
L to 30/2015 Article 6b enters into force on 1 January 2016. The previous wording reads:
A large insurance undertaking with an operating capital less than the minimum operating capital in accordance with Article 2 (2) of Chapter 10a, and a small insurance undertaking with an operating capital less than the minimum operating capital in accordance with Article 2a (2a) of Chapter 10a, shall: Without delay submit to the Insurance Supervisory Authority a plan for the recovery of the economic status of the association.
A large insurance undertaking whose operating capital is less than the amount of the guarantee in accordance with Article 3 (3) of Chapter 10a, or an insurance undertaking whose own capital does not fulfil the minimum requirements laid down in Article 10a (2) (a) of Chapter 10a or Article 4 (4) of Chapter 10a, shall: Without delay, submit a short-term financing plan for approval by the Insurance Supervisory Authority.
If the Insurance Supervisory Authority otherwise considers that the insurance policy holder or the insured person's interests are at risk, the Agency may require an insurance undertaking to submit to the Agency for approval the economic status of the association A restructuring plan.
As part of the recovery plan referred to in paragraphs 1 and 3, the Insurance Supervisory Authority may increase the minimum number of operating capital of an insurance undertaking in order to ensure that the Society is able to fulfil Operating capital requirements in the future.
The Insurance Supervisory Authority may require that the value of the items in the operational capital referred to in Article 2 (2) of Chapter 11 of the Insurance Companies Act be reduced when the calculation in accordance with Article 10a 2b is drawn up, in particular where the market value of those items is: Significant changes between the date of the review and the date of preparation.
The Insurance Supervisory Authority may either partially or wholly prohibit the association from reading the items referred to in Article 2 (6) and (8) of Chapter 11 of the Insurance Companies Act into the operating capital of the Society.
The Insurance Supervisory Authority shall lay down further provisions on the information to be provided in the plans referred to in this Article.
In order to safeguard the interests of the insured persons, financial supervision may, in order to protect the interests of the insured persons, refuse to surrender or pledge their property if:
Paragraph 1 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
(1) the association does not meet the requirements of the liability liability provided for in Chapter 10, paragraph 3a;
(2) the association does not fulfil the requirements laid down in Article 6b (2) for its operating capital and its own capital;
(3) the association no longer meets the requirements of the association's operating capital provided for in Article 6b (1) and the financial supervision has reason to assume that the association's holding continues to deteriorate; or
(4) Financial supervision is of the opinion that the Society may be exposed to the condition referred to in paragraph 3.
In addition, financial supervision must be subject to an ombudsman referred to in Article 29 of the Law on Financial Supervision. It is the duty of the client to ensure that the association complies with the prohibition of the transfer and deposit of assets. In addition to the powers provided for in that Article, the client has the right to decide on the granting of consent to the legal proceedings referred to in Article 13 (13) of the Insurance Companies Act.
The order for the prohibition of the transfer and suspension of the assets of the insurance company shall not exceed three months. Financial supervision may, for a specific reason, take a decision to extend the prohibition to a maximum of three months.
The financial supervision order referred to in paragraph 1 shall include the period of validity of the decision, the period of validity of the prohibition, the period of validity of the prohibition, the agent and the impact of the appeal, Enforceability.
Articles 24 and 21 of Chapter 25 of the Insurance Companies Act and Articles 12 to 21 of Chapter 25 of the Insurance Companies Act also apply to the prohibition of the transfer and deposit of assets of the insurance company.
The financial supervision decision may be appealed against in accordance with the law on financial supervision. The appeal shall be lodged within 30 days of the publication of the financial supervision decision in the Official Journal of the European Union.
Articles 6 to 7 have been repealed by L 19.12.2008. .
Articles 8 to 10 have been repealed by L 29.1.1999/81 .
Chapter 12a has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
For the purposes of this chapter:
(1) Parent undertaking A parent undertaking within the meaning of the accounting law, as well as any other legal person whose financial supervision is in fact considered to exercise control over another undertaking;
(2) Subsidiary undertaking A subsidiary undertaking within the meaning of the accounting law, as well as any other legal person in which the financial supervision considers the parent undertaking to effectively exercise control and the subsidiary of such a legal person;
(3) Participation in ownership The existence of a significant link between a natural or legal person and an undertaking within the meaning of Article 6 of Chapter 1, including the other holding which creates a permanent link between the natural or legal person and the undertaking; And is intended to promote the activity of a natural or legal person or a company belonging to the same group of companies;
(4) The owner undertaking A parent undertaking or a legal person holding a participation in another undertaking;
(5) Affiliated undertaking A subsidiary undertaking or any undertaking in which the legal person has a participation;
(6) Insurance related undertaking A related insurance undertaking, an insurance holding entity, a third-country insurance undertaking, a credit and financial institution and an investment firm;
(7) Insurance undertaking The insurance company and the insurance company within the meaning of the Insurance Companies Act, and the comparable foreign insurer of which the home country belongs to the European Economic Area;
(8) Third-country insurance undertaking A foreign insurance undertaking which carries out early or reinsurance policies and whose home country is not part of the European Economic Area;
(9) The multi-sector holding community A parent undertaking which is not an insurance undertaking, a third-country insurance undertaking, an insurance holding entity or a holding entity within the meaning of the law on the supervision of financial and insurance groups, and of which at least one of its subsidiaries is: An insurance undertaking within the meaning of the law;
(10) An insurance group The insurance undertakings referred to in Article 2 (2) to (4), their bond and owner undertakings and the affiliated undertakings of the owner.
For the purposes of the definition of a holding referred to in paragraph 1 (3), the indirect holding shall also be held for the purposes of this Chapter, including the ownership of the formula by which the successive holdings of undertakings not belonging to the same group Multiply. For companies belonging to the same group, for the purposes of this Chapter, their holdings in a company outside the group shall be considered as direct ownership.
Articles 4 and 5 of this Chapter, Article 7 (1), (3) and (4) and Articles 8, 11 and 12 of this Chapter, and Article 24 of the Law on Financial Supervision, shall apply to the insurance undertaking, which is at least one undertaking in an insurance undertaking or an insurance undertaking in a third country. Article 26 (1) (2).
Article 6, Article 7 (2) to (4) and Articles 8, 11 and 12 of the Articles 8, 11 and 12 and Article 24 (1) (2) of the Financial Supervisory Act shall apply to an insurance undertaking whose parent undertaking is an insurance holding entity or an insurance undertaking of a third country.
Articles 8, 11 and 12 of this Chapter, and Article 24 of the Law on Financial Supervision, shall apply to an insurance undertaking whose parent is a multi-ownership entity.
In addition, the insurance undertaking referred to in paragraphs 1 and 2 shall be subject to the provisions of Articles 6 to 10 of Chapter 26 of the Insurance Companies Act as regards the operating capital used in the adjusted solvency calculation and its calculation, the adjusted operating capital The calculation of the operating capital of the affiliated undertaking, the minimum amount of the adjusted operating capital and the exceptions to the operational capital of the affiliated undertaking.
Financial supervision may decide that the provisions of this Chapter shall not apply to an undertaking which is subject to supplementary supervision if the undertaking has only a minor role in relation to the objectives of the supplementary supervision in accordance with this Chapter, or if: The inclusion of the economic situation in the supplementary supervision is not appropriate or misleading for the purposes of the supplementary supervision of an insurance undertaking.
Where the parent insurance holding entity, a foreign reinsurance undertaking, a third-country insurance undertaking or a conglomerate entity, has subsidiaries in Finland and at least in one other member of the European Economic Area Insurance undertakings authorised in the State, the financial supervision may decide that the provisions of this Chapter shall not apply to a Finnish insurance undertaking subject to supplementary supervision, provided that the supplementary supervision of that insurance group is: Another Member State of the European Economic Area In accordance with the principles set out in Directive 98 /78/EC of the European Parliament and of the Council on the supplementary supervision of insurance undertakings in an insurance group in an insurance group, and that financial supervision Receive all the information necessary for the supplementary supervision of the insurance group by the State Insurance Supervisory Authority.
The insurance undertaking referred to in Article 2 (1) of this Chapter and the Finnish insurance holding entity shall have adequate internal control systems for the production of information relevant to the supplementary supervision under this Chapter. The Insurance Supervisory Authority will provide more detailed provisions for the organisation of internal controls.
For the purposes of supplementary supervision of an insurance undertaking as referred to in Article 2 (1) of this Chapter, an association shall draw up an adapted solvency calculation to be included in the insurance undertakings. The calculation shall be transmitted to the Financial Supervisory Board in the context of financial reporting.
Financial supervision may grant an exemption from the obligation to draw up a adjusted solvency calculation if it is a related undertaking of another Finnish insurance undertaking or a Finnish insurance holding that has been taken into account The adjusted solvency calculation of the participating insurance undertaking or the insurance holding entity. An exception may be granted only if the items to be included in the operational capital of the insurance undertakings involved in the adjusted solvency calculation have been appropriately allocated and the financial supervision adopted in a manner acceptable to the undertakings mentioned above.
The parent Finnish insurance holding entity referred to in Article 2 (2) of this Chapter shall draw up a solvency calculation adapted for the purpose of supplementary supervision, which shall include the insurer of the parent undertaking. Where the parent undertaking of an insurance undertaking is a foreign insurance holding entity or a third-country insurance undertaking, an insurance undertaking belonging to the group shall draw up a calculation. The calculation shall be transmitted to the Financial Supervisory Board in the context of financial reporting.
Financial supervision may decide that the adjusted solvency calculation referred to in this Article shall only be drawn up where the parent undertaking is the highest parent undertaking of an insurance undertaking subject to supplementary supervision.
On the application of the insurance company and with the agreement of the financial supervision, the adjusted solvency may be determined on the basis of consolidated financial statements. The provisions of Sections 6 to 10 of Chapter 26 of this Chapter and Chapter 26 of the Insurance Companies Act shall be governed by the provisions of Chapter 26 of the Insurance Companies Act.
In the case referred to in paragraph 1, the adjusted operating capital shall be the operating capital provided for in Chapter 10a of this Act on the basis of consolidated financial statements. For items readable to the adjusted operating capital, account shall be taken of the provisions of Articles 7, 8 and 10 of Chapter 26 of the Insurance Companies Act and the provisions of Article 9 on the minimum operating capital.
The minimum amount of the adjusted operating capital provided for in the consolidated financial statements shall be:
(1) the minimum amount of the adjusted operating capital in accordance with Article 9 of Chapter 26 of the Insurance Companies Act, in which case the relative shares of paragraph 2 of that provision are the shares used in the preparation of the consolidated financial statements; or
(2) the minimum amount of operating capital calculated on the basis of the information in the consolidated financial statements, determined in accordance with this Act and the provisions on the minimum operating capital of the insurance company law applicable under it.
If the adjusted solvency of the insurance undertaking referred to in Article 2 (1) of the insurance undertaking referred to in Article 2 (1) is negative, the association shall submit to the Insurance Supervisory Authority for approval within the period laid down by the Agency in accordance with A restructuring plan.
If the solvency of an insurance undertaking as referred to in Article 2 (2) on the basis of the calculation in accordance with Article 6 has been or may be compromised, the parent insurance holding entity of the insurance undertaking shall submit: For approval by the Insurance Supervisory Authority, within the period prescribed by the Agency, a plan for the reorganisation of the association's solvency. If the parent undertaking is another undertaking within the meaning of Article 2 (2), other than the Finnish insurance holding entity, the insurance undertaking shall submit a restructuring plan to the Agency.
The reorganisation plan referred to in paragraphs 1 and 2 shall include:
(1) a proposal for measures needed to restore the solvency situation;
(2) a description of the manner in which the proposed measures are assessed to have a secure impact on the insured interests; and
3) the time limit within which the reorganisation measures are to be implemented.
The Insurance Supervisory Authority may give more detailed provisions on the content of the restructuring plan.
Financial supervision shall supervise transactions between the insurance undertaking and its affiliated undertaking, the owner undertaking and the owner of the undertaking.
In addition, financial supervision shall supervise transactions between an insurance undertaking and a natural person holding a participation in the association or its affiliated undertaking, the association's owner, or the owner of the association The affiliated undertaking.
In particular, attention shall be paid to transactions involving loans, guarantees and off-balance-sheet commitments, eligible assets, investment, reinsurance business and cost-sharing agreements.
The insurance undertaking shall notify the Financial Supervisory Authority at least once a year of the significant transactions referred to in paragraphs 1 to 3, as well as more closely the financial supervision. If, on the basis of this information, it appears that the solvency of the association is or may be at risk, the association shall submit to the financial supervision for approval by the Financial Supervisory Authority in a period of time A restructuring plan.
Transactions within the meaning of this Article shall not be carried out under conditions which differ between independent parties in relation to the conditions commonly observed in similar transactions. The provisions of this paragraph shall not apply to the acquisition of the administrative services required by the group undertakings from a company belonging to the group or to the capital and debenture loans granted by the parent undertaking to the subsidiary which are necessary to: To strengthen the capital structure of the subsidiary.
Articles 9 to 10 have been repealed by L 19.12.2008. .
Where an insurance undertaking has not submitted to the Insurance Supervisory Agency the information necessary for the supplementary supervision provided for in this Chapter, the affiliated undertaking of an insurance undertaking, a participating undertaking or a participating undertaking shall, at the request of the Agency, Provide the Agency with the information in question.
Notwithstanding the rest of the law, supplementary supervision in accordance with this Chapter shall have the right to exchange information relevant for supplementary supervision.
For the purposes of this chapter Insured person Any claim that the insurance undertaking is liable to, on the basis of the direct insurance contract, to the insured person, the insured person or the injured party who is entitled to claim compensation under the insurance contract directly; From an insurance undertaking, including reservations for unknown damages. Insurance contributions which an insurance undertaking is obliged to reimburse to the policyholder either under Article 45 of the Insurance Contract Act or because the insurance contract has not entered into force or has been withdrawn is also considered to be insurance claims.
The decision on the liquidation of the insurance company, the liquidation procedure and its effects shall be subject to the provisions of this Chapter.
The insurance company shall be liquidated and liquidated, unless the requirements laid down in Article 6b (2) of Chapter 12 have been met within three months of the notification to the Assembly. However, the Insurance Supervisory Agency shall have the right to extend the period for a maximum period of one year, unless the insured interests are thereby jeopardised.
In addition to the provisions of paragraph 1, the association shall decide on the liquidation and liquidation of the association.
Paragraph 3 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
If, for two consecutive years, the number of members of the Society's policy holders is less than 300, the Insurance Supervisory Board may take steps to settle and dissolve the association, unless the Agency considers that the association continues to operate: Healthy insurance criteria are met.
The main content of the proposal for a decision shall be mentioned in the invitation to the association meeting on liquidation. The proposal, together with the annexes, shall be held at the head office of the insurance undertaking for at least one week before the association meeting and without delay to the shareholders who request it, and shall be placed at the association meeting.
The decision of the Association of Insurance Associations for the liquidation of the Society and its liquidation in the circumstances referred to in Article 3 (1) shall be valid if the shareholders with more than half of the votes cast have supported it, or In the case where the votes have gone equally, if the President has reached a decision. Otherwise, the decision shall be valid only if it has been supported by those who have at least two-thirds or more of the votes cast in the meeting.
The liquidation shall begin once the decision has been taken. However, in the case referred to in Article 3 (2), the association may order the opening of the liquidation period for another subsequent day.
If it can be assumed that the capital of a large insurance undertaking is less than the guarantee amount provided for in Chapter 10a, or the capital of an insurance undertaking does not meet the minimum capital requirement, the Board of Directors and the Executive Director shall without delay: Prepare annual accounts and a report on the period for which the annual accounts and the activity report are not yet presented at the meeting, and shall be submitted to the auditors for examination. In this case, the applicable financial statements, the annual report and the audit report shall apply mutatis mutandis. Where the period of the financial statements and the activity report also covers the preceding financial year, the annual accounts and the activity report shall be given for the accounting year.
If the financial statements referred to in paragraph 1 show that an insurance undertaking does not comply with the operating capital or capital requirements under paragraph 1, the association meeting shall be held within two months of the preparation of the annual accounts. The Board of Directors shall inform the Insurance Supervisory Agency of the invitation to the Association.
If, in the case referred to in paragraph 1, the Board of Directors and the Executive Director have not drawn up the annual accounts and the activity report, the Insurance Supervisory Authority shall call on the Executive Board and the Executive Director to draw up the accounts and the activity report. And to submit them to the auditors. In the event of non-compliance, the Agency shall have the right to draw up the annual accounts and the activity report, submit them to the auditors and, in the case referred to in paragraph 2, convene a meeting of the Association.
If, on expiry of the period laid down in Article 3 (1), the insurance company does not fulfil the requirements laid down in Article 5 (1), the association meeting shall decide on the liquidation of the association and its The discharge. If the Assembly does not take a decision, the financial supervision shall impose the liquidation and dismantling of the association.
The Board of Directors' proposal for a decision shall be accompanied by the annual accounts and the annual report referred to in Article 5 and the opinion of the auditors.
Articles 7 to 10 have been repealed by L 29.12.2009 .
At the same time as the Assembly or the Financial Supervisory Authority takes a decision on the liquidation, one or more liquidator shall be elected to replace the Board of Directors, the Executive Director and any Management Board. In addition, the Financial Supervisory Board has the right to appoint one liquidator. The law governing the government and the members of the Board of Directors shall also apply to liquidator, provided that the provisions of this Chapter are not otherwise provided.
If the insurance undertaking in liquidation has no eligible liquidators registered in the register, the financial supervision shall specify the liquidators. The order may be applied to the person whose right may depend on the fact that the association has a representative.
The liquidator of the insurance company shall be subject to the liquidation decision in the Official Journal and shall provide information on the alert at least in one of the local newspapers of the association's seat. In addition, the liquidator shall inform the registry authority and the registration authority shall be registered with a decision on the determination of the liquidation and the choice of liquidator.
The liquidation shall be carried out by the clearing members during the liquidation period. Clearers shall be entitled to continue the business of the Society to the extent necessary to safeguard the interests of the insured and to carry out the settlement procedure.
Irrespective of the benefit of the insurance claims provided for in Article 24, the assets of an insurance undertaking shall be made available in the course of the liquidation period due to claims arising out of the assets and the settlement procedure.
The clearing member shall apply for a public challenge to the creditors of the insurance undertaking. The public challenge is laid down separately. The clearing member shall submit a notification of a public challenge to known creditors of the insurance company. The notification shall specify, in particular, the time limits to be complied with, the penalties for failure to act, the authority competent to receive the declarations or observations of the claims, and whether the creditor is required to claim, Is entitled or secured by an object guarantee.
All creditors, including the tax authorities of the other EEA State and the social security authorities, and their similar claims are in the same position in the liquidation of the insurance undertaking and the same payment order shall apply.
Unless otherwise provided for by law, the creditor shall inform the liquidator of the nature of the claim, the time and amount of its birth. In addition, the creditor shall indicate whether, in respect of the claim, the creditor is entitled to a right of interest, an asset or an arrest warrant, as well as the property to which his insurance relates. Copies of any supporting documents shall be provided to the clearing man.
Subject to the provisions of this Chapter, the Association Meeting of the Insurance Association in liquidation shall be subject to the provisions of this Act concerning the assembly of this law. Where there is a need for an end to liquidation or further action, the association meeting may also decide to amend the association order, increase the guarantee capital and take the capital loan in accordance with the provisions of this Act.
The duties of auditors shall not cease to be settled in the event of liquidation. The provisions of Chapter 9 shall apply mutatis mutandis during the liquidation period. In addition, the audit report shall contain a statement as to whether, in the opinion of the auditors, the liquidation is unnecessarily prolonged.
In the event of a public challenge to the creditors of the insurance company after that date, the liquidator shall pay all known debt. If the debt is contested or unmatured or, for any other reason, it cannot be paid, the necessary resources must be separated if the association's resources are sufficient. The guarantee capital, with interest, shall then be repaid. The remaining assets shall be allocated to the members of the association according to the order of the association. The order of association may stipulate that, in the case of the assets to be distributed, it may be decided otherwise.
If the shareholder wishes to blame the division, the action against the association must be instituted within three months of the presentation of the final statement at the meeting.
If the shareholder is not within five years of the presentation of the final statement at the association meeting, he/she has registered to raise the future share of the allocation, he has lost his right to do so. If the allotment ratio is limited in relation to shared assets, the Financial Supervisory Authority may order it to become a future State. Otherwise, Article 19 shall apply.
After carrying out its duties, the liquidator shall, as soon as possible, issue a final statement of its administration by drawing up a report on the whole settlement procedure. The report shall also include a description of the distribution of the assets of an insurance undertaking. The report shall be accompanied by the financial statements and operational reports throughout the liquidation period. The report and its annexes shall be submitted to the auditors, who shall, within one month, submit an audit report on the final statement of accounts and the management of the liquidation.
Upon receipt of the audit report, the liquidator shall promptly invite the Assembly to inspect the final statement.
The insurance company shall be deemed to be dissolved when the final statement is presented at the meeting. The liquidator shall make the landing without delay the notification for registration.
Notwithstanding paragraph 1, the shareholders of an insurance undertaking having at least one third of the votes cast at the general meeting on the balance of payments may require the liquidator to convene a meeting of the assembly Bringing the action referred to in Article 6 of Chapter 15. Moreover, the provisions of Article 11 (2) of Chapter 7 are complied with. The action shall be increased within one year of the presentation of the final statement.
If, following the winding-up of an insurance undertaking, any new assets or a merger will be brought before the association or, otherwise, liquidation measures are required, the liquidation shall be continued. The liquidator shall, without delay, make this notification for registration. The invitation to the first assembly of the extended liquidation shall be provided in accordance with the association order.
If, after removal from the register of an insurance undertaking, clearing operations are required, the Insurance Supervisory Authority shall, upon application by the Insurance Supervisory Authority, order the winding-up of the association.
However, in the case referred to in paragraph 1, the settlement shall not continue and, in the case referred to in paragraph 2, the liquidation shall not be ordered if the assets of the association are insufficient to carry out the liquidation costs or the amount of the funds And not the shareholder, creditor or other, in order to bear the costs of the clearing procedure.
If, pursuant to Article 3 (2), the insurance company has been liquidated by a decision of the association meeting, the association meeting may decide, after the auditors have given its opinion, that the liquidation shall be terminated and the association's activities continued. The decision shall be valid only if it has been supported by those who have at least two-thirds or more of the votes cast at the meeting. However, the decision shall not be taken if the liquidation is a criterion in accordance with this law or if the property of the association has been distributed.
Paragraph 1 shall apply where an insurance undertaking with its own capital is less than the minimum capital requirement again meets the requirements.
In the event of a decision to terminate the liquidation and the continuation of the association's activities, the association shall be selected in accordance with the provisions of the statutes.
When the Board of Directors has been elected, the liquidator shall, without delay, make a decision on the decision to end the liquidation and notification of the Board of Directors to the Financial Supervisory Authority and the registration authority. The decision shall not be implemented prior to registration. The public challenge applied to the creditors of the association shall not have any effect if the liquidation is terminated in accordance with this Article.
L to 30/2015 Article 20 shall enter into force on 1 January 2016. The previous wording reads:
Where, in the case referred to in Article 3 (2), the insurance undertaking is set up in the case referred to in Article 3 (2), the association meeting may, after the auditors have given its opinion, the votes provided for in the second sentence of Article 4 (2). Acting by a majority, the liquidation shall be terminated and the association's activities continued. However, the decision shall not be taken if the liquidation is a criterion in accordance with this law or if the property of the association has been distributed.
Paragraph 1 shall be complied with if:
(1) a large association set up as a result of the fact that its operating capital is less than the guarantee amount in accordance with Chapter 10a; or
2) an insurance undertaking whose own capital is lower than the minimum capital requirement;
Once again meets the requirements.
In the event of a decision to terminate the liquidation and the continuation of the association's activities, the association shall be selected in accordance with the provisions of the statutes.
When the Board of Directors has been elected, the liquidator shall, without delay, make a decision on the closure of the liquidation and the notification of the Board of Directors to the Insurance Supervisory Agency and the registration authority. The decision shall not be implemented prior to registration. The public challenge applied to the creditors of the association shall not have any effect when the liquidation is terminated in accordance with this Article.
The bankruptcy provisions shall apply to the bankruptcy of an insurance company, unless otherwise provided for in this Act.
The property of the insurance company may be made bankrupt only by the government or, where the association is in liquidation, on the basis of the decision of the liquidator. During the course of the course, you shall be represented by the liquidator and the managing director or the liquidators selected before the start of the bankruptcy. However, new members of the government or new liquidator may be selected during the course of the course.
Once the insurance company has been declared bankrupt, the Court of Justice shall promptly inform the Insurance Supervisory Board of that date and date of supervision. The Court of Justice shall also, if it submits a proposal by the Agency, provide for the appointment of a person appointed by the Agency in addition to the chosen one. In particular, the administrator shall supervise the interests of the holders of insurance claims in the event of bankruptcy.
If, at the end of the bankruptcy, there is no property left, the association shall be deemed to be dissolved in the event of an approved final statement of the bankruptcy. The administrator shall, without delay, submit a notification to the Centre of Justice from which the information is transmitted to the registry authority in the register.
If the assets are left and the association was not in liquidation when its assets were declared bankrupt, the Board of Directors should be convened as soon as possible to decide on the establishment of the association. If the association is in liquidation when it is declared bankrupt, the provisions of Article 19 shall be respected.
The liquidation of the Finnish insurance company shall be competent to decide the association or financial supervision of an insurance undertaking. The Finnish court is competent to decide on a bankruptcy. The decision may be taken without the measures referred to in Section 6 (c) of Chapter 12 or after the measures have been taken.
In the event of liquidation or bankruptcy, the same priority shall be given to the property of the insurance undertaking in liquidation or in bankruptcy as in the law on the order of creditors of the creditors (1578/1992) In the assets pledged by the holder of the movable property ( The privilege of insurance ).
During the liquidation of the insurance company, a liquidator or insolvency administrator may pay for non-liquidation or bankruptcy proceedings only in accordance with the plan referred to in Article 26 (1) or In the individual case of the Insurance Supervisory Authority, with the permission and supervision. The remuneration of the trustee for the purposes of controlling the liquidation or bankruptcy of the assets referred to in Article 6 (c) of Chapter 12, and the interest accruing to it and any other measure resulting from the implementation of the measure The costs are paid after insurance claims with the best advantage, provided that the liquidation of the liquidation or bankruptcy has taken place during or within a period of three months from the date of the prohibition on: Has stopped.
A clearing member or receiver shall establish a plan for the continuation of the business, including a proposal for the provision of claims arising from the continuation of insurance claims and business. The plan shall be submitted to the Insurance Supervisory Agency for approval.
Notwithstanding Article 25, claims resulting from the extension of the business shall be paid in accordance with Article 24.
For the purposes of the business extension, the following means:
(1) in the case of an insurance contract, receivable from an insurance undertaking in which the association's undertaking or other claim has been incurred two months after the liquidation or bankruptcy of the association; The right to compensation or any other benefit in so far as the insurance has continued since the start of the liquidation or bankruptcy and the policy holder has paid contributions for the period since the liquidation or bankruptcy; and
(2) in the case of a debt ratio, the receivable from an insurance undertaking which has been entered into by an association's undertaking or other claim after the start of liquidation or bankruptcy; the duration of the debt ratio in the case of the continuation of the business; As a result, however, part of the claim is made available for the period following the liquidation or the start of bankruptcy.
§ 27 has been repealed by L 20.3.2015 , which enters into force on 1 January 2016. The previous wording reads:
Insurance undertakings shall be liable for those claims which have the privileges referred to in Article 24, in so far as they are not carried out in the event of liquidation or from the assets of an insurance undertaking in the event of bankruptcy Even after.
In the case of the Associations, the liability is broken down in relation to the premiums paid under the last financial statements.
The inventor or the administrator shall, without delay, draw up a list of the amounts resulting from the responsibilities defined in accordance with Article 2 (2) of the associations and the ratio of the ratios to be determined, together with a list of The Insurance Supervisory Board, where it is to be kept for 30 days to be seen by interested parties. The Agency shall indicate the presence of the list in the Official Journal in accordance with the procedure laid down in Article 11 (11) of Chapter 14 and, upon request, for information to the interested parties. Associations may request an adjustment from the Agency within 30 days of the end of the period in which they have been made available to the associations and the ratios used to determine them.
When the list has been obtained by the law, the liquidator or the administrator shall charge the associations to the list in accordance with the list.
An insurance company in liquidation or bankruptcy shall not provide any new insurance.
Furthermore, the liquidation and bankruptcy of an insurance undertaking is subject to the provisions of Article 2 (2), Article 7 (2), Article 8 (3), Article 9 (2), Article 11 (2) and (4) and Article 12 (1) and (3) of the Insurance Companies Act, The liquidation of the insurance company and the duties of the liquidator.
In addition, the legal effects of the prohibition on the supply and sale of the assets referred to in Article 6 (c) of Chapter 12 of the Insurance Association, as well as the legal effects of the liquidation and bankruptcy proceedings, are also applied in Chapter 24 of the Insurance Companies Act, which provides for the disposal of the assets of the insurance company; and The law applicable to the legal effects of the liquidation and liquidation and bankruptcy proceedings.
Insurance company ( Merger association ) May merge with another insurance undertaking ( Receiving association) In such a way that the association's insurance policy and other assets and liabilities are transferred to the recipient association.
The merger may take place in such a way that:
1) the acquiring association and one or more of the merging associations merge ( Absorption simulation ); or
2) at least two of the merging associations merge by establishing a host association ( Combination ulation ).
The first policy holder of the merging association will become shareholders of the host association.
Associations may merge, even if the merger association has been liquidated, unless the assets of the merging association have been committed to shareholders.
The governments of the associations involved in the merger must draw up a written draft terms of merger, which must be dated and signed.
The merger plan shall include:
(1) the activities, registration numbers, addresses and domicile of the merging associations;
(2) absorption simulations as a change in the association order of the host association, together with a proposal for the association of the association to be set up, together with a proposal on how to set up the association's Board of Directors and The members of the Management Board and the auditors shall be selected;
(3) a proposal for the participation of shareholders in the host association other than those referred to in Article 1 (3) of the Merger Association, a proposal for consideration for the shareholders of any other possible merger and the proposal The consideration of the association's association with other guarantee shareholders and those assimilated to them;
(4) a statement of capital loans whose creditors may object to the granting of the implementing licence referred to in Article 12;
(5) a statement of the guaranteed proportions of the acquiring association, the number of guarantees, the aggregate nominal value and the cost of the balance sheet, broken down by category of guarantee;
6. In the case of absorption, the proposal for the renewal of the consideration necessary for the payment of the consideration and the surrender of its own guarantee shares, together with a proposal for the guaranteed capital of the receiving association;
(7) a proposal for a date and other conditions for the allocation of consideration;
(8) an explanation of the special advantages and rights to be given to the Board of Directors and the Board of Directors, the Executive Director, the auditor and the independent auditor of the merging association;
(9) a statement of the reasons for the merger as well as the criteria for determining the consideration and the relevant valuation problems;
10) a proposal for a planned registration date for the implementation of the merger;
(11) a statement of the amount of countervailing;
(12) a statement that, following the merger, the receiving insurance company complies with the requirements of Chapter 10 and the solvency requirements laid down in Chapter 10a;
(13) a description of the assets, liabilities and capital of the merging association and the factors affecting their valuation, the planned impact of the merger on the balance sheet of the acquiring association and the Accounting methods;
(14) a report on the acquisition of property by the merging associations; (18/04/1984) Of this Regulation.
Save as otherwise provided in this Chapter, the proposals referred to in paragraph 2 (6) shall apply, as provided for in Chapter 4, for the renewal of the guarantee and for the surrender of the guarantee units in Chapter 5a.
The merger plan does not need clarification as referred to in point (9) of paragraph 2 if all the shareholders and the financial supervision of the merging associations agree that the report is not drawn up.
The merging associations shall declare the draft terms of merger to be registered within one month of the date of signature of the plan. The merger shall lapse if the notification is not filed within the deadline or the registration is refused. The notification shall be accompanied by the opinion referred to in Article 5 and the annexes referred to in Article 6.
The notification shall be made by the associations involved in the merger together.
The creditors of the merging associations whose claim has been incurred prior to the registration of the merger plan shall have the right to object to the merger. The same right shall also apply to a creditor whose claim may be recovered without a judgment or a decision as provided for by the Law on the execution of taxes and charges and which is to be obtained at the latest on the date specified in paragraph 2.
The registry authority shall issue to the creditors referred to in paragraph 1, upon application by the merging association, an alert indicating the creditor's right to oppose the merger by informing the registry authority in writing at the latest On the date specified in the alert. The lodging of an alert shall be submitted within four months of the registration or merger of the merger plan. The registration authority shall publish the alert in the Official Journal no later than three months before the date of the date and shall register the alert on its own motion.
An alert shall also be issued to the creditors of the host association, upon application by the receiving association, if, according to the opinion of the auditor referred to in Article 5, the merger is liable to jeopardise the payment of the debts of the acquiring association. The creditors of the host association shall then be subject to the provisions of this Chapter on the creditors of the merging company.
No later than one month before the date of destination, the insurance undertaking shall send a written declaration to the known creditors referred to in Article 4a (1), whose claim has been incurred prior to the registration of the draft terms of merger. If, in accordance with Article 12, the owner of the association's guarantee component has required redemption, the creditors shall be informed of the amounts of the shares and rights required to be redeemed. The notification may only be sent after the merger will take place. However, if all the owners of the association's guarantee component have given notice of their waiving or otherwise do not have the right to cash, the notification may be sent earlier.
The auditor of one or more independent experts shall issue an opinion on the draft terms of merger to each merging association. The opinion shall assess whether, in the case of the draft terms of merger, the right and adequate information may be provided on matters which are likely to have an appreciable effect on the cause of the merger, the value and the distribution of the assets transferred to the receiving association. Evaluation. The opinion issued to the receiving association shall specify whether the merger would be liable to jeopardise the payment of the association's debts. The opinion shall be dated and signed and shall be annexed to the draft terms of merger. (18.9.2010)
L to 22/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
The KHT auditor of one or more independent experts or, where the merger involves only small insurance undertakings, the KHT auditor or the HTM auditor shall issue an opinion on the draft terms of merger The merger involved in the merger. The opinion shall assess whether, in the case of the draft terms of merger, the right and adequate information may be provided on matters which are likely to have an appreciable effect on the cause of the merger, the value and the distribution of the assets transferred to the receiving association. Evaluation. The opinion issued to the receiving association shall specify whether the merger would be liable to jeopardise the payment of the association's debts. The opinion shall be dated and signed and shall be annexed to the draft terms of merger. (13.4.2007)
In addition, the opinion shall include:
(1) a report on future assets;
(2) an explanation of the valuation methods used for the valuation of assets and the results obtained by using them;
(3) a statement of the consideration of the assets;
(4) an assessment of whether the value of the assets is equivalent to at least the consideration of assets and, where the consideration is guaranteed by the association, the amount to be paid for the guarantee.
The property shall be assessed immediately before the meeting.
If all the shareholders of the merging associations and the Insurance Supervisory Authority agree, it is sufficient for the opinion to be issued to the receiving association for the transfer of the assets transferred to the receiving association and whether the merger To jeopardise the payment of the debts of the receiving association.
For each association involved in the merger, the merger plan shall be accompanied by:
(1) copies of the last three financial statements and the documents relating to the activity report, or, in the event of a consolidation of the annual accounts and the activity report, a copy of the annual accounts and the activity report; and The activity report and the documents relating to the annual accounts and the activity report of the two preceding financial years;
(2) if after the end of the financial year referred to in the last financial statement, more than six months have elapsed between the date of the merger and the confirmation of the annual accounts and the activity report, a copy The mid-term and the operational report, which shall not be four months older and has been drawn up and checked in accordance with the provisions and provisions relating to the accounts and the activity report;
(3) a statement by the Government of events that have a material impact on the status of the last annual accounts or of the association agreement;
(4) the opinion of the auditors and the Management Board on the mid-term review, the activity report and the report of the Board;
(5) the opinion on the draft terms of merger referred to in Article 5;
6. The financial supervision consents referred to in Article 3 (4) and Article 5 (4);
(7) decisions on the allocation of funds which may have been made by each of the merging associations after the last financial year.
A merger will be decided by the merger and the host association.
An invitation to a meeting of the merging parties may be submitted after the announcement of the merger plan. The invitation shall be submitted no earlier than two months and, unless the association order has been given a longer period, no later than one month before the date of the association meeting or the last date of registration referred to in Article 1 (3) of Chapter 7. The main content of the draft terms of merger shall be taken by the meeting.
The merger plan and its annexes shall be held to be seen by the shareholders at the headquarters of each association involved in the merger for a period of at least one month prior to the merger decision-making assembly and without delay to send to the shareholder, Request, as well as to be seen at the meeting of the association.
The merger will take place in accordance with Article 17 (1) of Chapter 7.
If the draft terms of merger is not accepted without any change in all mergers participating in the merger, the merger shall lapse. However, the association meeting of the merging association may modify the draft terms of merger between the members of the Association. The amendment shall be notified without delay to the governments of the other merging associations as well as to the members of the association in the same manner as the invitation to the assembly.
The decision of the association to reject the draft terms of merger shall be notified without delay to be registered. The merging association shall notify the change in the draft terms of merger to be registered at the latest at the time of application of the agreement of the Insurance Supervisory Authority referred to in Article 11.
In the case of ovulation, the draft terms of merger will replace the charter of the association to be set up. The merger association meeting shall also be selected by the members and auditors of the board of the host association and the auditors, unless otherwise specified in the draft terms of merger.
Within a month following the signing of the draft terms of merger, the merging insurance undertakings shall seek the agreement of the financial supervision on the draft terms of merger as well as confirmation of the merger required by the merger and, if: The question is the combination of combination, the association of the new association.
In the context of an application referred to in paragraph 1, the acquiring association shall apply for the submission of the financial supervision to the criteria for the transfer of the countervailing amount resulting from the merger.
On application for a merger, the financial supervision shall be at the expense of the acquiring association in the Official Journal, unless it considers that the application must be rejected. The alert shall invite the insurance creditors of the merging association who wish to make reminders against the application to submit them to the Financial Supervisory Authority within a period not exceeding two months. An alert shall also be issued to the insurance creditors of the host association if, according to the opinion referred to in Article 5, the merger is liable to jeopardise the payment of the association's debts. Financial supervision shall, without delay, oblige the merging association to provide information on the alert at least in one of the national newspapers of the merging association, as well as, where appropriate, the amount of the financial supervision.
Financial supervision shall give its consent if:
1) the merger does not endanger insured interests; and
(2) the merger shall not be deemed to jeopardise the respect of healthy and prudent business principles in the activities of the insurance undertaking.
Financial supervision shall have the right to attach the necessary conditions to its consent in order to safeguard the interests of the insured and to ensure compliance with sound and prudent business principles in the activities of the insurance undertaking.
A merging and receiving association and a reminder may appeal against the decision in accordance with the provisions of the Financial Supervisory Act. The appeal must be treated as a matter of urgency.
If the consent is not applied within the time limit, or if it is refused and the decision to refuse is taken, the merger shall lapse.
The owner of the guaranteed part of the merging insurance undertaking may, at a merger decision-making meeting, require the redemption of its guarantees and must be given the opportunity to do so before the merger is terminated. Only those contributions may be redeemed, which have been declared to be significant in the guarantee list by the association meeting or the last date of notification. In addition, it is necessary to vote against the decision on the merger.
Where the entitlement to redemption or the conditions for redemption are not agreed with the host association, the matter shall be settled by arbitrators, in accordance with Article 4 (4) of Chapter 16, in the arbitration procedure. The owner of the guarantee part shall institute proceedings no later than one month after the meeting. After the presentation of the guarantee, the owner of the guarantee is entitled only to the redemption price. If the redemption procedure later establishes that they do not have the right to redemption, they shall have the right to a merger in accordance with the draft terms of merger. If the merger falls, the redemption procedure shall also lapse.
The redemption price is the fair price for the pre-merger decision. For the purposes of calculating the redemption price, no account shall be taken of the value-reducing effect of the merger of the merged association. The redemption price shall be remunerated at the annual rate for the period between the merger decision and the payment of the redemption price Article 12 of the Statute, , in accordance with the reference rate in force.
The redemption price shall be paid in a month's time for the validity of the judgment, but not prior to the registration of the merger.
The receiving association is responsible for paying the redemption price. The merging association shall immediately notify this redemption requirement.
Articles 13 to 14 have been repealed by L 29.12.2009 .
The associations involved in the merger shall notify the registry authority of the implementation of the merger within six months of the adoption of the relevant financial supervision. If no notification is made within the time limit, the merger shall lapse.
Notification of the implementation of the merger shall replace the declaration of registries referred to in Article 7 of Chapter 4 and the declaration of registry referred to in Article 10 of Chapter 2. For the remainder of the registration, the provisions of Chapter 4 and the provisions of Chapter 2 shall apply to the registration of the new mark needed to carry out the consideration.
The notification shall be accompanied by the declaration of the members and the managing director of each of the members of the association involved in the merger as well as the auditor's certificate that the association receiving the registration of the merger receives the full amount of the fee, which: To be entered in the form of guarantee contributions to the equity of the association. In addition, the declaration shall be accompanied by a declaration by the members of the Board of Directors and the Executive Director of each of the merging associations that the merger has complied with the provisions of this Act, the merger of the associations involved in the merger And an indication of the consent of the financial supervision.
The registry authority shall register the merger if the creditor has not objected to the merger, or where the creditor has received a payment or a secure guarantee in accordance with a court judgment.
If the creditor has objected to the merger, the registry authority shall inform the association without delay after the deadline. In the case of a creditor, the merger shall expire one month after the date of adoption. However, the registry authority shall suspend the proceedings if, within one month of the date of the date of application, the association shows that it has brought an action in order to establish that the creditor has received a payment or a security guarantee, or if the association And the creditor jointly request that the proceedings be adjourned.
If, in the case of a merger, more than one property is subject to a business mortgage within the meaning of the mortgage law, the merger shall not be registered unless, at the same time, it is registered on the basis of an application The agreement of the mortgage holders on the organisation of the privileges of mortgages.
The registration shall take into account the planned date of registration of the implementation of the merger, unless there is an obstacle to it and the date is not later than four months after the notification.
What this article provides for a creditor does not apply to the insurance creditor.
By way of derogation from Article 20 (2) and (3) of Chapter 7, the action for a decision on the merger must be instituted within six months of the adoption of the decision of the association. The court shall immediately inform the registry authority of the outcome of the action and of the legal judgment in the case.
Even if the merger is registered, it will be cancelled if the decision to merge in accordance with the law of the court is invalid. The merging association and the receiving association are jointly responsible for the obligation of the host association, which was born after registration of the merger, but before the registration authority has issued the From a final judgment.
The insurance position of the merging association and other assets and liabilities, with the exception of the requirement under Chapter 15 (1) and (3) and Article 3 of Chapter 10 of the Code of Auditing, shall pass on the settlement procedure to the receiving association when the merger The implementation is registered. At the same time, the merger will erupt. (18.9.2010)
L to 22/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
The insurance stock of the merging association and other assets and liabilities, with the exception of the requirement of Article 15 (1) and (3) and Article 51 of the Code of Auditing, shall pass on the settlement procedure to the receiving association when the merger takes place. Registered. At the same time, the merger will erupt. (13.4.2007)
In the event of an association of the merging parties, its shareholders shall be entitled to consideration and become shareholders of the host association in accordance with the draft terms of the merger. However, the guaranteed shares of the merging association owned by the acquiring or merging association do not give rise to that right.
When the association has merged with another association, a policyholder's policyholder who has not contributed to the decision on the merger and who does not have an insurance contract law (543/1994) At any time shall be entitled, within three months of the notification under paragraph 4, to terminate the contract of insurance.
The board of the host association shall notify the merger within one month of the registration of the merger by being registered in the Official Journal and at least in the newspaper of the merged association; and In addition to the amount required by the Insurance Supervisory Authority. The notification shall also include a statement of the right of the policyholder, as referred to in paragraph 3, to terminate their insurance contracts.
At the meeting of the shareholders of the merging association, the Board of Directors and the Executive Director shall issue the final statement. The final statement shall include a statement of accounts and an activity report for the period from which the annual accounts and the activity report are not yet presented at the association meeting, together with a description of the distribution of consideration. The audit of the final statement shall be subject to the provisions of the audit. The shareholders' meeting shall be subject to the provisions of the association meeting. As regards the breakdown of the distribution of the contraband and the final statement, the allocation of the allocation share and the subsequent liquidation of the merged association shall be applied in accordance with Article 16 (2) and (3) of Chapter 13 and, in the case of a complaint pursuant to Article 15 (1) or (5), Article 18 (2) and Article 19 (1) of Chapter 13. The final statement shall be reported as being registered as provided for in Section 11 of Chapter 10. (30.04.2004)
Insurance company ( Association to renounce ) May surrender its policy of insurance to another insurance undertaking ( Receiving association ) Or insurance undertaking ( Receiving company ). When the insurance company is handed over, the company receiving the insurance company shall be subject to the provisions of this Chapter as provided for in this Chapter.
In the case of extradition, the part of the insurance policy shall apply as regards the transfer of the insurance stock.
If the insurance policy is handed over to the insurance company, the provisions of Chapter 21 of the Insurance Companies Act shall also apply to the transfer of the insurance stock and part thereof.
The receiving association or company shall also be transferred from the amount of the countervailing of the donor association.
The insurance rate may be waiving even if the association is put into liquidation.
The government of the donor and the host association must draw up a written declaration for the donation of insurance, which must be dated and signed.
The plan for the surrender of the insurance stock shall include:
(1) the trade name, registration number, address and domicile of the donor and host association;
2) a proposal for a change in the association order of the host association;
(3) a proposal for a partnership based on initial insurance and the possible participation of reinsurance undertakings in the host association or mutual insurance company;
(4) a proposal for any consideration and conditions for the provision of an insurance stock;
(5) a statement of the specific advantages and rights to be given to the Board of Directors of the donor and the host association, the Executive Director, the Accountant and the auditor acting as an independent expert;
(6) a statement of the reasons for the submission of the insurance policy;
(7) a statement of the insurance stock to be disclosed and the amount of the assets to be transferred;
(8) a proposal for the date of entry into force of the planned entry into force;
(9) a statement of the amount of countervailing;
(10) a statement that the waiving of an insurance undertaking which is not in liquidation and the receiving insurance company fulfils the requirements for the liability of Chapter 10 and the solvency requirements laid down in Chapter 10a.
The auditor of one or more independent experts shall issue an opinion on the plan for the transfer of the insurance stock to both the donor and the receiving association. The opinion shall include an assessment of whether the plan provides the correct and sufficient information on matters which are likely to have an appreciable effect on the underlying cause of the transfer of the insurer, the insurance position of the receiving association and its cover. To assess the value of the assets agreed and the value of any consideration. The opinion shall specify whether the disclosure of the insurance stock is liable to jeopardise the payment of the association's debts. The expert and opinion shall otherwise apply mutatis mutandis, as provided for in Chapter 14, Section 5.
L to 22/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
The KHT auditor of one or more independent experts or, where the transfer takes place between two small insurance undertakings, the KHT auditor or the IMM auditor shall issue an insurance policy A statement of the plan to both the donor and the receiving association. The opinion shall include an assessment of whether the plan provides the correct and sufficient information on matters which are likely to have an appreciable effect on the underlying cause of the transfer of the insurer, the insurance position of the receiving association and its cover. To assess the value of the assets agreed and the value of any consideration. The opinion shall specify whether the disclosure of the insurance stock is liable to jeopardise the payment of the association's debts. The expert and opinion shall otherwise apply mutatis mutandis, as provided for in Chapter 14, Section 5.
The plan for the surrender of the insurance stock shall be accompanied by both the donor and the host association:
(1) copies of the last three financial statements and the documents relating to the activity report, or, in the case of the confirmation of the annual accounts and the activity report at a consolidated meeting of the policy-making body, a copy of this The annual accounts and the activity report and the documents relating to the annual accounts and the activity report of the two preceding financial years;
(2) if, by the end of the financial year referred to in the final accounts, more than six months have elapsed between the date of the closure of the insurance stock and the confirmation of the annual accounts and the activity report, A copy of the mid-term and operational report, which shall not be four months older and has been drawn up and checked in accordance with, where applicable, the provisions and provisions relating to the annual accounts and the activity report;
(3) a statement by the Government of the events which have materialised in the context of the last annual accounts or of the association agreement;
(4) the opinion of the auditors and the Management Board on the mid-term review and the report of the Board;
5) the opinion referred to in Article 4 concerning the plan for the transfer of the insurance stock.
In the case of the donor and the host association, the association meeting shall be decided upon by the association.
An invitation to a meeting of an association shall be submitted at the earliest two months and, in the absence of a longer period, no later than one month before the association meeting or in Article 1 (3) of Chapter 7. The latter date of registration. The principal content of the plan for the transfer of the insurer must be taken into account.
The plan for the transfer of the insurance stock, together with the annexes, shall be held at the head office of the shareholders and the host association for at least one month before the assembly and without delay of the surrender Shall be sent to the shareholder who requests it and shall be placed at the meeting of the association.
The decision of the association to release the insurer shall be made in accordance with Article 17 (1) of Chapter 7.
If the plan for the transfer of an insurance policy is not accepted without amendment in both the donor and the host association, the transfer of the insurer shall lapse.
Within a month of the signing of the insurance policy plan, the insurance associations shall apply for the consent of the financial supervision to the plan and confirmation of the change in the association order required for the transfer of the insurer.
In the context of the application referred to in paragraph 1, the receiving association and the donor association shall apply to the Financial Supervisory Authority to confirm the countervailing amounts.
As regards the application for the transfer of an insurance policy, the financial supervision must be at the expense of the host association in the Official Journal, unless it considers that the application must be rejected. The alert shall invite insurance creditors of the insurance stock to be released, who wish to make reminders against the application, to submit them to the financial supervision in a period prescribed by it, which shall not exceed two Months. An alert shall also be issued to other insurance creditors of the other donor association if, according to the opinion referred to in Article 4, the transfer of the insurance policy is liable to jeopardise the payment of the debt of the donor association. An alert shall also be issued to the insurance creditors of the host association, if, according to the opinion, the transfer of the insurance policy is liable to jeopardise the payment of the debts of the acquiring association. Financial supervision shall oblige the association to give up without delay the information on the alert at least in the daily newspaper of the donor association, as well as, where appropriate, the financial supervision.
Financial supervision shall give its consent if:
(1) the transfer of the insurance policy does not jeopardise the insured interests; and
(2) the transfer of the insurance policy shall not be deemed to jeopardise the respect of healthy and prudent business principles in the activities of the insurance undertaking.
Financial supervision shall have the right to attach the necessary conditions to its consent in order to safeguard the interests of insured persons and to ensure compliance with sound and prudent business principles in the activities of the insurance undertaking.
The donor association and the receiving association and a reminder may appeal against the decision in accordance with the provisions of the Financial Supervisory Act. The appeal must be treated as a matter of urgency.
The insurance policy is transferred to the receiving association when the Insurance Supervisory Authority has given its consent to the transfer of the insurer. The Agency may, upon application, confirm the date of entry into force of the insurance policy.
If the consent has not been requested within the prescribed period or if it has been refused and the refusal decision has been obtained, the transfer of the insurer has lapsed.
Where the association has handed over its policy of insurance to another association, the insured person who has not contributed to the decision on the transfer of the insurance policy and who does not have an insurance contract law In accordance with Article 12, the right to terminate a declaration at any time shall be entitled, within three months of the notification under paragraph 2, to terminate the contract of insurance.
Within one month of the transfer of the insurance stock, the government of the requested association shall notify the transfer of the insurance policy in the Official Journal and at least the place of residence of the donor association in the newspaper; and In addition to the amount required by the Insurance Supervisory Authority. The notification shall also include an indication of the right of the policyholder, as referred to in paragraph 1, to terminate their insurance contracts.
A member of the Board of Directors, a member of the Board of Directors and the Executive Director shall, in breach of the duty of care provided for in Article 6 (d) (d) of Chapter 1, make good any damage caused by intentional or negligent association.
The founder, member of the Board of Directors, a member of the Board of Directors and the Executive Director shall be obliged to pay compensation for the damage which he or she has in his or her duties as a result of an intentional or negligent breach of this law or of the statutes. To the association, the partner or any other person.
Where the damage has been caused by an infringement of this law by any other means other than the breach referred to in Article 6 (d) of Chapter 1, or where the damage has been caused by breach of the order of the association order, the damage shall be deemed to have been caused by: In the case of negligence, unless the person responsible for the procedure shows that he has acted with care. The same shall apply to the damage caused by a measure within the meaning of Article 11 (2) of Chapter 8 of the Insurance Companies Act.
§ 2 has been repealed by L 31.3.2000/340 .
The partner shall reimburse the damage he or she has contributed to any breach of the provisions of this law or of the statutes, whether intentionally or negligently, to the association, to the other shareholder or to another person.
The damage that has been caused by a measure within the meaning of Article 11 (2) of Chapter 8 of the Insurance Companies Act shall be deemed to have been caused by negligence, unless the shareholder is careful.
The Chairperson of the Association shall replace the damage which he or she has in his or her duty to the association, the shareholder or any other person who has been intentionally or negligently contravening the law or order of the association.
As regards the settlement of damages and the distribution of liability between two or more liable parties, the (412/74) Chapters 2 and 6 are provided for.
Paragraph 2 has been repealed by L 31.3.2000/340 .
For the purpose of bringing an action for damages under Article 1, 3 or 3a of the Association Agreement, or in accordance with Section 3 of Chapter 10 of the Court of Auditors, a joint meeting shall be decided by the Association. However, the Board of Directors has the right to decide on a claim for damages based on a criminal offence. (18.9.2010)
L to 22/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
For the purpose of bringing an action for damages under Article 1, 3 or 3a of the Association, or by virtue of Article 51 of the Court of Auditors, the association meeting shall be decided by the Association. However, the Board of Directors has the right to decide on a claim for damages based on a criminal offence.
The decision of the association to grant discharge or not to bring an action shall not prevent the association from bringing an action if, in the annual accounts or the audit report, or otherwise, the And complete information on the decision or measure on which the action is based.
If an association is declared bankrupt on an application made within two years of the decision to grant discharge or not to bring an action, the bankruptcy shall not be subject to the application of this Decision.
Notwithstanding Article 5 (1) and (2), one or more shareholders shall have the right to pursue an action for damages in their own name without prejudice to Article 5 (1) and (2) if the association is likely to: And that the applicants then have at least one tenth of the total number of votes.
The association shall be given an opportunity to be heard, unless it is manifestly unnecessary. The members of the public are responsible for the costs of the proceedings themselves, but they are entitled to receive compensation from the association if the sums due to the association are sufficient.
If, by decision of the association meeting, the person liable has received a discharge, the action shall be taken within three months of the decision of the association meeting. However, if the same association meeting, as provided for in Article 6 of Chapter 9, has been required and supported the submission of a specific inspection, the action may, however, always be raised within three months of the submission of the audit opinion At a joint meeting or an application for the control of the inspector.
The shareholder is not entitled to compensation for damage caused to the association.
At the request of the members of the insurance undertaking, the association shall be obliged to examine and issue a certificate stating that the applicants have at least one tenth of the total number of votes in the case referred to in paragraph 1.
An action to be taken pursuant to Article 3 (a), (3) or (3) (a) of the Court of Auditors, or of Chapter 10 of the Audit Act, cannot be brought unless the action is based on a criminal offence: (18.9.2010)
L to 22/2015 The amended recital enters into force on 1 January 2016. The previous wording is: an action to be taken under Article 1, 3 or 3a of the Society or Article 51 of the Court of Auditors cannot be invoked unless the action is based on a criminal offence:
1) against the founder in five years from the date of the decision to establish an association;
(2) a member of the Board of Directors, a member of the Management Board or the Executive Director, five years after the end of the financial year in which the decision was taken or the action taken on the basis of the action on which the action is based;
(3) against the auditor after five years following the submission of the audit report, the opinion or the certificate to which the action is based; and
4. Against the partner or the chairman of the association meeting five years after the decision or measure on which the action is based.
If the time limit for bringing proceedings for the purpose of the association is exhausted, the action referred to in Article 5 (3) cannot be brought after a month has elapsed since the date of the date of the day of control.
The association shall not be able to limit the entitlement to damages in accordance with Article 3 (3) and (3) (a) of this Chapter of this Chapter, if the damage is caused by:
(1) by infringing the provisions of this Act which cannot be derogated from by a order of the same order; or
2) Incidentally, on purpose or gross negligence.
The association's right to compensation may otherwise be restricted by the order of the association only with the consent of all shareholders.
The association shall not be able to restrict the right to compensation or to the application of an action in accordance with Section 3 of Chapter 10 of this Chapter or the Court of Auditors.
L to 22/2015 Article 8 will enter into force on 1 January 2016. The previous wording reads:
The association shall not be able to restrict the right to compensation for damages in accordance with Article 51 (a), (3) and (3a) of this Chapter, if the damage was caused by:
(1) by infringing the provisions of this Act which cannot be derogated from by a order of the same order; or
2) Incidentally, on purpose or gross negligence.
The association's right to compensation may otherwise be restricted by the order of the association only with the consent of all shareholders.
The association shall not be able to restrict the right to compensation or to the application of an action in accordance with Article 51 of this Chapter or the Court of Auditors.
Notwithstanding the provisions of Articles 5 and 6 of Chapter 15, the claim for compensation referred to in Articles 5 and 6 shall be brought before the Court of domicile of the association. The same court may also refer to the action, as referred to in Article 3 (3) (3) of Chapter 3, and the action referred to in Article 4 (4) and Article 13 (5) of Chapter 14 of Chapter 5, whether: The creditor received a payment or a secure guarantee.
The summons and any other service shall be deemed to have been sent to the association when it has been served on a member of the Board of Directors, the Executive Director or any other person having the right, individually or jointly with the other, to write a business name. If the association is not a member of the Board of Directors, the Executive Director or any other person having the right to write an association's trade name alone or together with one of the members of the trade association, the association shall, as appropriate, comply with the following: Article 7 of Chapter 11 of the Court of Justice; Provides. (31.3.2000)
If the Board of Directors wishes to bring an action against the association, it shall convene the assembly to appoint an agent to represent the association. The challenge will then be deemed to be submitted to the association when it is presented at the meeting.
If the Board of Directors wishes to reproach the decision of the Assembly, the power of appeal is not lost in accordance with Article 20 (2) of Chapter 7 if the invitation to the association meeting in which the agent is placed has been submitted within three months of the association meeting which: The action is in question.
In the event of the initiation of an application for the annulment of the decision of the Association, the Court may, at the request of the applicant, order that the decision not be implemented. The solution shall not be contested separately.
The court or tribunal shall, without delay, provide information to the Financial Supervisory Authority and, if the decision of the assembly is such that it is required by law to be notified for registration, including the registry authority. The court or tribunal shall also inform the register of the validity of the decision.
The order for dealing with the dispute in the arbitration proceedings shall be binding on the insurance undertaking, the owner, the Board of Directors, the Board of Directors, the Board of Directors, the Board of Directors, the Executive Director and the statutory auditor , as provided for in the arbitration law. The parties to the dispute shall be bound by the arbitration clause in order to deal with the dispute arising from the redemption of the redemption clause referred to in Article 3 (3) of Chapter 3.
However, the order of the association referred to in paragraph 1 shall apply only to the application for which the criterion was established after registration of the order.
Where the dispute between the association and the government is transferred to arbitrators, the provisions of Article 2 (2) and (3) shall apply as regards the setting up of an agent and the calculation of the time limit.
In addition to the declarations and communications provided by the insurance undertaking to the registry authority, which is stated in this Act, which is expressly provided for in this Act.
The registration authority for the purposes of this law is the government of patents and registries.
If the obligation to provide documents to the registration authority under Article 10 of Chapter 8 of the Companies Act is not fulfilled, the registration authority may oblige the Executive Director or a member of the Board of Directors to submit them within the period prescribed.
The decision to impose a periodic penalty payment shall not be lodged by the registry authority.
Every intention.
(1) conduct an insurance business in breach of Article 4 or 5 (1) of Chapter 1, or
(2) to issue new policies in contravention of Article 28 of Chapter 13 or Article 27 of the Financial Control Act;
Shall be condemned, unless the act is minor, On unauthorised pursuit of the insurance business Fine or imprisonment for a period not exceeding one year.
Before the prosecution of a criminal offence referred to in paragraph 1, the public prosecutor shall have the opportunity to give its opinion to the Financial Supervisory Board. When dealing with this criminal case, the Court of Justice shall provide the Financial Supervisory Board with an opportunity to be heard.
Every intention.
(1) acting as a second intermediary in order to circumvent the provision of this law, or the order of association, concerning the restriction of the right to vote,
(2) violates the provisions of this Act concerning the drawing up of an audit report;
(3) In violation of the prohibition imposed by Article 6c of Chapter 12 of the Financial Supervisory Authority, the property of the association's management is to be disclosed or pledged;
(4) infringes the provisions of the opinion of an auditor acting as an independent expert;
(5) distribute the association's funds in contravention of the provisions of this Act;
(6) lodge a security in breach of Article 10 of Chapter 11; or
(7) in breach of Article 3 (2) (a) (1) of Chapter 3, in breach of Article 3 (1) of Chapter 3, on the admission of insurance undertakings to public trading within the securities field;
Shall be condemned, unless the act is minor or is not subject to a heavier penalty imposed by law elsewhere, On an insurance undertaking Fine or imprisonment for a period not exceeding one year.
Every intention.
(1) in breach of the provisions of this Act, the guarantee cooperative or the issuing of a provisional certificate;
(2) in breach of the Protocol on the sight of the Protocol to the Assembly;
(3) fails to comply with the list of guarantees or the keeping of the list of bondholders or the keeping thereof;
(4) the acquisition of guarantees, without the notification referred to in Section 5 of Chapter 4 of the Insurance Companies Act, or in breach of the provisions of this Law or of Section 9 of Chapter 4 of the Insurance Companies Act,
(5) infringes the provisions of Section 10 of Chapter 8 of the Companies Act concerning the submission of financial statements, consolidated financial statements or an activity report to the registry authority or not, according to this law, to the Financial Supervisory Authority or other Information,
(6) fails to comply with the provisions of Article 9 (1) (1) to (3) of Chapter 2 on the conditions for decision-making at the constituent meeting; or
(7) violates the provisions of this Act concerning the preparation of the annual accounts, the activity report, the consolidated financial statements, the interim financial statements or the financial statements referred to in Article 5 (1) of Chapter 13, or of the merger or liquidation of an insurance undertaking. The award of the final statement,
Shall be condemned, unless the act is minor or is not subject to a heavier penalty imposed by law elsewhere, For infringement of an insurance undertaking Fine.
The infringement of the insurance undertaking shall also be judged on the grounds of gross negligence as referred to in paragraph 1 (7).
In the service of every insurance undertaking or its service undertaking, or as a member or alternate member of such an institution, or in the service of an insurance board or an equivalent institution, or As a member or as an expert on the basis of a mandate, or under paragraphs 2 to 5, has been informed by an insurance undertaking, of a client or of another economic or health status or of other personal circumstances or of a movement; - Or of professional secrecy shall not disclose this to a third party unless: The person covered by the obligation of professional secrecy shall give its consent to the disclosure of the information or unless otherwise provided for by law. Information covered by the obligation of professional secrecy shall not be provided either to the Assembly or to the shareholder participating in the meeting, with the exception of the voter list of the Assembly.
In addition to what the law on public authorities' activities (18/09/1999) , the Ministry of Social Affairs and Health has the right to disclose information covered by the insurance cover:
(1) the prosecutor and pre-trial authority for the purpose of preventing and clarifying the offence;
2) Financial supervision and the other Finnish authority supervising the financial markets;
(3) the other EEA State Insurance or Financial or Financial Markets Authority;
(4) the auditor of the insurance undertaking;
(5) to the authority of Finland or the other EEA State, which is to participate in the liquidation or bankruptcy of an insurance undertaking or any other similar procedure;
(6) the authority of Finland or any other EEA State which is responsible for the supervision of the institutions involved in the liquidation or bankruptcy of the insurance undertaking or any other similar procedure;
(7) the authority of Finland or any other EEA State which is responsible for the supervision of persons carrying out statutory audits of the accounts of insurance undertakings, credit institutions, investment firms or other financial institutions;
(8) to the independent actuaries of the EEA State which carry out the legal supervision of insurance undertakings and to the institution responsible for the supervision of those actuaries;
(9) to the EEA State authority or to an institution which is legally responsible for monitoring compliance with company law and investigating infringements;
(10) to the central bank of Finland or the other EEA State and as a monetary policy authority to another institution with a similar function and to the other authority responsible for the supervision of payment systems;
(11) to the authority or institution referred to in paragraphs 3 to 8 of the EEA State other than the EEA State, or to the institution, where the information provided in the State concerned falls within the scope of the obligation of professional secrecy referred to in paragraph 1.
The Ministry of Social Affairs and Health shall be entitled to divulge only information necessary for the performance of the tasks of the authority referred to in paragraph 2.
Notwithstanding paragraph 1, an insurance undertaking shall have the right to disclose information covered by the obligation of professional secrecy:
(1) to another insurance institution for the purpose of reinsurance;
(2) the service undertaking of an insurance undertaking or the undertaking entrusted with the task of an insurance undertaking on the basis of a mandate;
(3) an insurance institution belonging to the same group or to an insurance institution belonging to the same group of insurance undertakings, with a view to the treatment of a claim, the conclusion of an insurance contract and the other , which provides for the transmission of information, does not apply to personal data (523/1999) Article 11 The transmission of sensitive information;
(4) for the performance of a case which has been referred to it by the Insurance Board or an equivalent institution;
(5) to the other insurance institution or the person responsible for the exercise of the right of recourse to the insurance undertaking, as well as to the other insurance institution in order to determine the responsibility of the different insurance institutions for the same insurance transaction;
(6) for offences committed against an insurance undertaking and for the damage reported to it to other insurance institutions in the interest of the prevention of criminality in insurance institutions, provided that the Data Protection Board has provided this The authorisation referred to in Article 43 (3) of the Personal Data Act;
(7) with the permission of the Ministry of Social Affairs and Health, for historical or scientific purposes, or for statistical purposes, where it is clear that the disclosure of information does not infringe the interests of which the obligation of professional secrecy is provided; authorisation may be granted; And shall be accompanied by the provisions necessary for the protection of the public and private interests; the authorisation may be withdrawn, when due to be considered;
(8) the Finnish prosecutor and the investigating authority in order to prevent and investigate the offence, and to the authorities or institutions referred to in paragraph 1; however, information on the state of health may only be disclosed by the prosecutor; and The investigating authority for the prevention, detection and prosecution of fraud against the insurance or pension institution; and
(9) to the controller of the credit institution; however, only information may be disclosed by the credit information provider to the credit data register or otherwise processed for use as credit data.
In addition to the provisions of Article 4 (4), the insurance undertaking may disclose to a company the marketing, customer service and other client relationship information which is necessary for the performance of the customer register, The same economic association with the insurer. As provided for in this paragraph, the disclosure of information does not apply to the transmission of sensitive information referred to in Article 11 of the Personal Data Act.
Paragraph 4 (4) provides for the right of an insurance undertaking to disclose information, including the right of an insurance committee or an institution referred to in paragraph 4 (4) to disclose information.
In the cases referred to in paragraph 4, the insurance undertaking may disclose only the information required for the performance of the tasks in question.
The penalty for breach of the obligation of professional secrecy laid down in Article 10 (1) is punishable under criminal law. (39/1889) 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or, unless otherwise provided for in the rest of the law, a heavier penalty.
§ 11 has been repealed by L 31.3.2000/340 .
Article 11a has been repealed by L 29.12.2009 .
More detailed provisions on the implementation of this law shall be adopted by the Regulation.
Paragraph 2 has been repealed by L 29.12.2009 .
§ 13 has been repealed by L 29.12.2009 .
In the case of insurance for consumers, they may not use gender in the calculation of premiums or insurance benefits and do not make any gender-based differences in payments or benefits.
In non-consumer insurance, the use of gender in the calculation of payments or benefits, and gender-based differences in payments or benefits are only permitted if the use of sex is an effective factor Risk assessment on the basis of actuarial data and statistical data.
The risk assessment may be based on the insurance company's own insurance policy, the common statistical data set up by insurance companies or insurance companies, or a reliable statistical risk characterisation of the risk to the public. The risk assessment may be based on the insurer's own insurance position only if the insurer is broad enough to make a reliable risk assessment. The risk assessment shall indicate the extent to which gender affects the insured risk in question and the relative gap between the sexes in the insured risk.
Articles 15 to 16 have been repealed by L 30.11.2012/704 .
This Act, hereinafter: New law, Entered into force on 1 January 1988. The new law repeals the law of 2 June 1933 on mutual damage assurance undertakings (185/33) (hereinafter ' the The old law, With its subsequent modifications.
Insurance undertakings entered in the trade register before the entry into force of the new law shall, subject to the provisions of this Chapter, be subject to a new law after that date.
Where the association order of an insurance undertaking registered before the entry into force of the new law includes provisions contrary to the new law, the provisions of the new law must be respected.
If, under the new law, the order of association of an insurance undertaking registered before the entry into force of the new law is deficient or contains provisions contrary to the new law, the association's Board of Directors shall, without delay, make a proposal to the Assembly To amend the association order in accordance with the new law. Within two years from the date of entry into force of the new law, the amendments to the statutes shall be submitted by the Ministry of Social Affairs and Health and shall notify them for registration within three months of the decision of the Ministry.
Where an insurance undertaking which has failed to comply with the provisions laid down in paragraph 2 has filed a register of registries, the registration authority may set a time limit within which the association shall make the changes required by the new law And shall, at the risk of being registered, notify them that the former shall lapse.
After the adoption of the new law, the insurance company may, notwithstanding the provisions of Article 2, take a decision to amend the association order in accordance with the new law. The decision will be taken in accordance with the old law. The decision may be declared to be registered before the entry into force of the new law and to register the entry into force of the entry into force of the new law.
The basic capital of an insurance undertaking registered before the entry into force of the new law shall, within two years of the entry into force of the law, be at least 125 000 marks.
The insurance undertaking referred to in paragraph 1 shall, within five years of the entry into force of the law, comply with the capital requirements set out in Article 5 of Chapter 2.
The basic capital shall not be reduced by a decision of the Assembly to lower the amounts referred to in paragraph 2. Following the adoption of the new law, there shall also be no registration of a new insurance undertaking whose basic capital is less than the minimum amounts mentioned in Article 5 (1) or (2) of Chapter 2.
The case concerning the dissolution of the insurance company or the merger of the association to another association must be dealt with and settled and reported under the old law if a public challenge or court permit has been applied for before a new law Entry into force.
The issue of the transfer of an insurance policy must be dealt with and resolved under the old law, if the consent of the Ministry of Social Affairs and Health has been requested before the new law enters into force.
Before the entry into force of the new law, the composition of the elected government or the Management Board shall be brought into line with the new law within two years of the entry into force of the law
Before the entry into force of the new law, a member of the Board or of the Board of Directors, the managing director, an auditor or a liquidator may, in spite of the fact that he/she does not act under the new law, remain in office, Up to a maximum of two years after the entry into force of the new law. The above shall apply mutatis mutandis to the person who was appointed before the entry into force of the new law.
In the case of an invitation to an association meeting in force of the old law, it must be considered legal if it has been adopted in accordance with its law.
Before the entry into force of the new law, any action brought before the entry into force of the new law, initiated before the entry into force of the new law, must be completed and resolved under the old law.
The financial statements, drawn up before the entry into force of the new law, will be subject to prior legislation.
If, before the entry into force of the new law, the insurance undertaking before the entry into force of the new law has provided loans or guarantees beyond the provisions of Articles 7 and 10 of Chapter 11, the amount of such loans and guarantees shall be brought into conformity with the new law within no later than ten years after the date of the new law. The entry into force.
This Act shall enter into force on 1 May 1991.
HE 303/90, on tv. 16/90, svk.M. 303/90
1. This Act shall enter into force at the time laid down by the Regulation. Insurance undertakings entered in the trade register before the entry into force of this Act shall apply this law after that date, subject to the provisions set out below.
2. If the association order of an insurance undertaking registered before the entry into force of this law includes provisions contrary to this law shall be replaced by the provisions of this law.
3. If, according to this law, the order of association of an insurance undertaking registered before the entry into force of this Act is defective or contains provisions contrary to this law, the Board of Association shall, without delay, make a proposal to the Assembly Amending the association order to comply with this law. Any change in the statutes shall be without delay, and no later than two years after the date of entry into force of this Act, to apply to the Ministry of Social Affairs and Health and to notify them for registration within three months of the Ministry 's Of the European Parliament. The Ministry is entitled, for special reasons, to extend the periods referred to in this paragraph for a period of up to six months.
4. The insurance undertaking registered before the entry into force of this Act shall comply with the capital and solvency requirements set out in Section 5 of Chapter 2 and in Chapter 10a within two years from the entry into force of this Act.
5. After the entry into force of this law, the Board of Directors and the Executive Director shall be elected in accordance with this law.
6. Prior to the entry into force of this Act, the auditor of a large insurance undertaking, elected in accordance with this law, may not act on that task until 1 January 1997 at the latest.
7. The insurance undertaking shall act in accordance with the provisions of this Act from the beginning of the calendar year following the entry into force of the law.
THEY 341/92 , TaVM 12/93, Annex IX to the EEA Agreement: Council Directive (73/239/EEC)
This Act shall enter into force on 1 April 1995.
2. Insurance undertakings which are registered in the trade register before the entry into force of this Act shall be governed by this law after that date.
3. The insurance undertaking, which is in operation at the time of entry into force of this Act, shall be entitled to carry out the insurance business in accordance with the statutes of the trade register.
4. The provisions of Articles 1, 4, 7 and 8 of Chapter 10 of this Act shall apply for the first time in the accounts for the financial year ending 31 December 1995.
THEY 357/94 , TaVM 59/94 Council Directive 92 /49/EEC; OJ L 288, 11.8.1992, p. 1, Council Directive 91 /674/EEC; OJ L 374, 31.12.1991, p. 7
This Act shall enter into force on 1 January 1997.
THEY 196/1996 TaVM 22/1996, EV 191/1996
This Act shall enter into force on 1 October 1998.
THEY 243/1997 , TaVM 2/1998, EV 19/1998
This Act shall enter into force on 1 January 1999.
THEY 6/1997 , 117/1997 , LaVM 3/1998, SuVM 2/1998, EV 60/1998
This Act shall enter into force on 1 January 1999. The provisions of Article 5 (1) and (2) of Chapter 2 of this Act shall apply to the application for the establishment of a union order which has been lodged after the entry into force of the law.
2. Notwithstanding Article 5 (1) to (3) of Chapter 2, the basic capital of the insurance undertaking and the nominal amount of the guarantee may be denominated in the Finnish markka if the book of incorporation has been signed before the entry into force of this Act or before 1 January 2002. The minimum amount of basic capital and any other amount declared in euro in euro shall be converted into Finnish marks, in accordance with the final exchange rate adopted by the Council of the European Union on the basis of Article 109 (4) of the Treaty establishing the European Community.
3. If the association before 1 January 2002 amends the provisions relating to the basic capital and the nominal value of the association in such a way that the basic capital and the nominal value are expressed in euro, the validity of a valid decision shall be subject to: In favour of more than half of the votes cast, or, if the votes are tied, that the President has joined the decision. If, at the same time, the association decides to increase or reduce the basic capital or waive the nominal value of the guarantee element in accordance with Article 17 (4) of Chapter 7, the majority of those decisions shall be complied with.
4. If the association decides on the nominal value of the basic capital and the guarantee rate at the time of conversion in euro or thereafter, changes the sequence in such a way that the nominal value is increased or reduced to the nearest or lower level Or one-tenth of the euro or one quarter, the decision shall not apply to the majority of the majority required for the change in the association order, as provided for in Article 17 (1). The decision shall apply mutatis mutandis as to the effect of the second sentence of Article 17 (4) of Chapter 7 on the effect of the waiving of the nominal value on the right of the owner. The association may transfer the amount of reduction or part of it to the premium fund. The amendment shall be registered at the latest by 31 August 2004.
5. If, before the entry into force of this Act, the association has decided to change the association order within the meaning of paragraph 3 or Article 17 (4) of Chapter 7, the decision shall be valid if it has been adopted in accordance with this law. The Association may, before the entry into force of this Act, authorise the Board of Directors to decide on the amendment of the statutes as referred to in paragraph 3. Under the mandate, the Board of Directors may decide only on the cancellation of the guarantee units in which the reduced amount is not transferred to the free capital. The majority required by the decision-making decision shall apply to the majority required by paragraph 4. In addition, the authorisation decision for a reduction shall apply mutatis mutandis to the reduction of the guarantee capital provided for in Chapter 5. The authorisation shall be valid for a decision of up to one year. The authorisation decision shall be declared to be registered without delay after the adoption of the law.
6. The amendment of the statutes referred to in paragraph 3 and Article 17 (4) of Chapter 7 may be declared to be registered before the entry into force of this Act, with the entry into force of the entry into force of this Act. The change in the association order referred to in paragraph 3 shall be registered in a way that the registry authority changes the basic capital of the association and, unless the association has waived the nominal value of the guarantee part in Article 17 (4) of Chapter 7 , the nominal value of the guarantee element in accordance with paragraph 7.
7. If the association decides to change the nominal value of the basic capital and the guarantee rate in euro before 1 January 2002 and no other decision is taken, the basic capital of the association shall be deemed to be denominated in euro in the In accordance with Article 109 of the Treaty establishing the European Community, in accordance with Article 1 (4) of the Treaty establishing the European Community, rounded to the nearest cent, the nominal value of the guarantee component shall be calculated by dividing the amount of the guarantee capital in euro by the number of guarantees. The nominal value thus obtained shall not be rounded, but may be declared to be registered and shall be presented in the order of association and other legal documents with one cent, without prejudice to the owner of the guarantee or other To court. The register, the association order and other legal documentation shall indicate that the question is not the exact value of the nominal value. As regards the date of entry into force of the euro on 1 January 2002, the introduction of the euro shall apply.
THEY 233/1998 , No 31/1998, EV 204/1998
This Act shall enter into force on 1 April 1999.
The authorisations, orders, instructions and other decisions relating to insurance supervision and control issued by the Ministry concerned, which, in accordance with Article 13 of Chapter 16, are transferred to the Insurance Supervisory Board, remain in force until: The Insurance Supervisory Authority decides otherwise.
The operation of the insurance undertaking shall cease when this Act enters into force. The tasks and assets and liabilities of the insurance undertaking shall be transferred from the same date to the Insurance Supervisory Board.
Without prejudice to accounting law (1336/1997) in Chapter 9, Section 2 , the accounting law shall apply for the first time to the accounts of an insurance undertaking for the financial year starting on or after 1 January 2000.
However, the insurance undertaking may apply the provisions referred to in Article 4 (4) for a financial year that is passing or starts after the entry into force of this Act.
THEY 163/1998 , TaVM 29/1998, EV 202/1998
Entry into force
This Act shall enter into force on 1 May 2000.
General transitional provisions
2. The provisions of this Act shall be followed, subject to these transitional provisions, in place of an anti-law order contained in the order of business. If, according to this law, the statutes are inadequate or contain provisions contrary to this law, the Board of Association shall submit to the Assembly a proposal to amend the association order in accordance with the law. Within two years of the date of entry into force of the Act, the amendments to the Association shall be submitted by the Insurance Supervisory Authority. Changes in the association order shall be notified for registration within three months of the Agency's confirmation. The Agency may impose a penalty payment on an insurance undertaking as a synergist for the purpose of this obligation.
3. Since the entry into force of this Act, the association order contrary to this Act cannot be registered, subject to those transitional provisions.
4. The insurance undertaking may, after the adoption of this law, decide to amend the association order in accordance with the provisions of this Act, in accordance with the provisions in force. The decision may be declared to be registered before the law enters into force and shall be registered in such a way that the amendment of the statutes shall enter into force on the same day as that law.
5. The credit card of the insurance undertaking shall be subject to the provisions in force at the time of entry into force of this Act, provided that the credit is taken before the law enters into force and the conditions attached thereto are not amended after the entry into force of the law.
Transitional provision concerning the establishment of an insurance undertaking
6. The establishment and registration of an insurance undertaking shall be governed by the provisions in force at the time of entry into force of this Act, provided that the Charter has been signed before the law enters into force and is not subject to any of these transitional provisions.
Transitional provision concerning the guarantee book
7. The registration number of the insurance company shall be entered in the guarantee book, which shall be presented to the association or the association of which the association will release after the entry into force of the law.
Transitional provision on the increase in guaranteed capital
8. If, before the entry into force of this Act, the increase in the guarantee capital has been decided, the entry into force of the guarantee capital shall be governed by Article 7 of Chapter 4, which entered into force on the date of entry into force of the law. However, the full amount of the guarantee capital paid to the association must be registered within one year of the entry into force of the law.
Transitional provisions concerning own guarantees
9. Under Section 3 of Chapter 5a, the association may only acquire fully paid-up guarantee units.
10. In breach of the provisions in force at the time of entry into force of this Act before the entry into force of the law, the contributions to the association shall be released within six months of the entry into force of the law.
Transitional provisions for the association meeting
11. Before the entry into force of this Act and its registration, the provisions in force at the time of entry into force of the Act shall apply, subject to those transitional provisions.
12. If an invitation to the assembly has been submitted before the entry into force of this law, the invitation shall be subject to the provisions in force at the entry into force of this Act. Where, in accordance with the provisions in force before the entry into force of the law, documents are to be kept to the shareholders, the documents and their access shall be subject to the provisions in force at the time of entry into force of the law.
13. If, within two years from the date of entry into force of this Act, a decision is taken to amend the association order to merge the categories of guaranteed cooperatives with a reduction in the rights of the entire guarantee cooperative, in addition to the decision in accordance with Article 17 (1) of Chapter 7 The agreement of the gar owners with at least one third of the guarantee shares of this type and the support of their guarantee unit owners with at least two-thirds of the qualifying holdings of this type represented at the meeting.
Transitional provisions for the financial statements
14. The provisions of this Act concerning the financial statements shall apply to the financial statements of the insurance undertaking and to the consolidated financial statements for the first time in the financial year starting on or after 1 January 2000. However, the insurance undertaking may already apply those provisions for a financial year which is passing through the entry into force of this Act.
15. The financial statements shall be declared to be registered for the first time in accordance with the provisions of Chapter 10, Section 11 of this Act for the first financial year, which is to be effected when the law enters into force.
Transitional provision concerning distribution of profits and other use of association funds
16. In accordance with Article 7 of Chapter 11, which entered into force on the date of entry into force of this Act, the provisions of Article 9 of Chapter 11 shall not apply if the terms of the loan are not changed after the entry into force of the law.
Transitional provision concerning the merger
17. The provisions in force at the time of entry into force of this Act shall apply if the Merger Treaty has been approved by one of the merging parties before the law enters into force.
Transitional provision concerning the surrender of the insurance stock
18. The provisions in force at the time of entry into force of this Act shall apply to the surrender of the insurance stock if the contract for the surrender of the insurance policy has been approved in the donor or the receiving association before the law enters into force.
Transitional provision concerning letters and forms of association
19. The provisions of Section 13 of Chapter 16 of this Act concerning the letters and forms of the association shall apply one year after the entry into force of the law.
THEY 193/1999 , TaVM 2/2000, EV 26/2000
This Act shall enter into force on 1 August 2000.
THEY 34/2000 , TaVM 14/2000, EV 77/2000
This Act shall enter into force on 1 December 2000. However, Chapter 10, Section 4a, and Articles 4 and 8 of Chapter 12a shall enter into force on 1 January 2001.
The adjusted solvency calculation provided for in Article 12a (5) and (6) of this Act shall be drawn up for the first time in the financial statements for the financial year, which shall take place on 1 January 2001 or which shall begin in that calendar year.
-32/2000 , THEY 63/2000 , TaVM 22/2000, EV 128/2000, European Parliament and Council Directive 98 /78/EC (31998L0078); OJ L 330, 5.12.1998, p. 1, Council Directive 92/49/EEC (31992L0049); OJ L 228, 11.8.1992, p. 1, Council Directive 92/96/EEC (31992L0096); OJ L 360, 9.12.1992, p. 1
This Act shall enter into force on 1 January 2002.
THEY 184/2001 , TaVM 22/2001, EV 218/2001
This Act shall enter into force on 1 February 2002.
THEY 165/2001 , TaVM 19/2001 EV 215/2001
This Act shall enter into force on 1 August 2003.
The obligation laid down in Article 8 of Chapter 1 of this Act must be fulfilled no later than three years after the entry into force of this Act.
THEY 200/2002 , No 2/2002, No 267/2002
This Act shall enter into force on 15 May 2004.
This law shall apply to the liquidation procedure for which a decision has been taken after the entry into force of the law and the bankruptcy for which an application has been submitted to the court after the entry into force of the law.
THEY 149/2003 , TaVM 3/2004, EV 18/2004, European Parliament and Council Directive 2001 /17/EC (32001L0017); OJ L 110, 20.4.2001, p. 28, Directive 2000 /64/EC of the European Parliament and of the Council (32000L0064); OJ L 290, 17.11.2000, p. 27
This Act shall enter into force on 1 June 2004. This law shall apply for the first time to the control of annual accounts for financial years beginning on or after 1 January 2004.
This law annuls the Regulation of 12 March 1999 on lots of legible assets for an insurance undertaking (1999) With its subsequent modifications.
Without prejudice to the provisions of Chapter 10a of this Act, on application of the association and with the agreement of the Insurance Supervisory Authority, and with the agreement of the Insurance Supervisory Authority, if the association in force at the date of entry into force of this Act is a small insurance Under the terms of Article 5 (3) of Chapter 2, which entered into force on the date of entry into force of this Act, the association's operating capital shall not be subject to any requirements and the association may comply with the provisions of Section 5 (3) of Chapter 2. Subsequently, on application by the association and with the agreement of the Insurance Supervisory Authority and under the conditions laid down by the Association, no requirements are imposed and the association may, for equity capital, comply with the provisions of Chapter 2 in force at the date of entry into force of this Act. Article 5 (3), until 19 March 2009, provided that the association has submitted a plan under Section 6b of Chapter 12 to which the association intends to take action to bring the operating capital into line with this law.
Notwithstanding Article 1 (4) of Chapter 1 of the Act which entered into force on the date of entry into force of this Act, a large insurance undertaking shall, notwithstanding the provisions of Chapter 10a of this Act, the application of the association and the agreement of the Insurance Supervisory Board, and The association may, on the date of entry into force of this Act, comply with the provisions of Article 10a (2) to (4) in force until 19 March 2007. Subsequently, on application by the association and with the agreement of the Insurance Supervisory Authority, and under conditions laid down by the Association, the association may comply with the provisions of Articles 2 to 4 of Chapter 10a, which entered into force upon entry into force of this Act, until 19 March 2009, provided that: The association has submitted a plan under Section 6b of Chapter 12 which the Association intends to take to bring the situation into line with this law.
On the application of the insurance company and with the agreement of the Insurance Supervisory Authority and subject to the conditions laid down in Chapter 11, Section 4 of the Insurance Companies Act, the restrictions listed in Article 1 (1) of Chapter 11 of the Insurance Companies Code are used instead of the minimum operating capital Operating capital until 19 March 2007. Following this application by the insurance company and with the agreement of the Insurance Supervisory Authority and subject to the conditions laid down in Section 4 of Chapter 11 of the Insurance Companies Act, Article 11 (1) of the Insurance Companies Code is used instead of the minimum operating capital § 19 March 2009, provided that the association has submitted a plan in accordance with Section 6b of Chapter 12 to which the Association intends to bring the situation into line with this law.
On the application of the Grand Insurance Association and with the agreement of the Insurance Supervisory Authority and under conditions, the association may not comply with the requirement referred to in Article 1 (2) (2) of Chapter 10a until 19 March 2007. Subsequently, on application by the Association and subject to the agreement of the Insurance Supervisory Authority, the association may fail to comply with the requirement referred to in Article 1 (2) of Chapter 10a, until 19 March 2009, provided that the association is Submitted a plan pursuant to Section 6b of Chapter 12 to which the Association intends to take action to bring the situation into line with this law.
THEY 161/2003 , TaVM 6/2004, EV 36/2004, Directive 2002/83/EC of the European Parliament and of the Council (32002L0083); OJ L 345, 19.12.2002, p. 1, Directive 2002/13/EC of the European Parliament and of the Council (32002L0013); OJ L 077, 20.3.2002, p. 17
This Act shall enter into force on 5 August 2004.
THEY 69/2004 , TaVM 12/2004, EV 103/2004, European Parliament and Council Directive 2002/87/EC (32002L0087); OJ L 035, 11.2.2003, p. 1-27
This Act shall enter into force on 31 December 2004.
This law shall apply for the first time to the accounts of an insurance undertaking for the financial year commenting on or after 1 January 2005. The insurance company may apply this law for the financial year in which the law enters into force.
The consolidated financial statements drawn up in accordance with the international accounting standards referred to in Section 1 of Chapter 7a of the Accounting Act may be drawn up for annual periods beginning on or after 1 January 2005.
Article 5c (6) to (8) of Chapter 10 may apply from 1 January 2005. Any increase in value made before the entry into force of this Act may apply to those provisions which were in force when this Act entered into force.
In accordance with the provisions of the accounting law in force at the time of entry into force of this Act, the start-up and research expenditure which has been activated shall be taken into account in the application of Article 2 (1) of Chapter 11.
THEY 224/2004 , TaVM 31/2004, EV 230/2004, Regulation (EC) No 1606/2002 of the European Parliament and of the Council, OJ L 243, 11.9.2002, p. 1, Directive 2001 /65/ec of the European Parliament and of the Council, OJ L 283, 27.10.2001, p. 28, European Parliament and Council Directive 2003 /51/EC; OJ L 178, 17.7.2003, p. 16
This Act shall enter into force on 1 October 2005.
The decision of the Administrative Authority issued before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act.
THEY 112/2004 , THEY 5/2005 , HaVM 13/2005, EV 91/2005
This Act shall enter into force on 15 February 2007.
THEY 21/2006 , TaVM 25/2006 EV 252/2006
This Act shall enter into force on 1 July 2007.
THEY 194/2006 , TaVM 33/2006, EV 293/2006, Directive 2006 /43/EC of the European Parliament and of the Council (32006L0043); OJ L 157, 9.6.2006, p. 87
This Act shall enter into force on 15 October 2007.
This law shall apply to insurance contracts concluded on or after 22 December 2007.
THEY 21/2007 , TyVM 2/2007, EV 26/2007, Council Directive 2004 /113/EC (32004L0113); OJ L 373, 21.12.2004, p. 37
This Act shall enter into force on 1 January 2009.
THEY 66/2008 , TaVM 20/2008, EV 109/2008
This Act shall enter into force on 30 December 2009.
Instead of an order contrary to this law, which is included in the order of the insurance company, this law is observed. If the statutes do not meet the requirements of the law, the government of the insurance undertaking shall submit a proposal to amend the association order in accordance with the law. The amendments to the statutes must be submitted to the Financial Supervisory Authority at the latest three years after the entry into force of the law. Financial supervision may impose a periodic penalty payment on the association as a synergist. Changes in the association order shall be reported to be registered within three months of the decision of the financial supervision.
Where, prior to the entry into force of this Act, the association of insurance undertakings has provisions relating to shareholders' participation, they shall be subject to the provisions laid down in paragraph 2.
If the decision of the Assembly has been taken before the entry into force of the law, the matter and associated registrations and other procedures shall be governed by the law in force at the time of entry into force of the law. Where the decision of the association is adopted after the entry into force of the law, the invitation to the meetings, the documents of the meeting and the registration and participation of the Assembly shall be governed by the law before it becomes effective.
Notwithstanding the provisions of Article 2 (1) of Chapter 1, before the entry into force of this Act, the owner shall be a shareholder of an insurance undertaking only if the association order so provides.
Notwithstanding the provisions of Article 3 (1) of Chapter 1, the guarantee unit shareholders of an insurance undertaking shall also be liable for the obligations of an insurance undertaking which arose before the law entered into force.
If the order of the association council has been declared to be registered before the law enters into force, the Board of Directors shall have the right to elect members of the Board of Directors for three years from the date of entry into force of the law, unless otherwise specified in the order of association.
The Resources Fund shall be equity capital within the meaning of Section 6 of Chapter 10.
The provisions relating to capital, accounting, accounting and operational reports of Chapter 10 shall apply no later than the financial year starting with the entry into force of this Act.
The merger shall be governed by the law in force when the law enters into force if the draft terms of merger are declared to be registered before the law enters into force. The transfer of the premium shall be governed by the law in force at the time of entry into force of the law, if the plan for the transfer of the insurance policy has been applied for prior to the entry into force of the law. Otherwise, the law applicable at the time of entry into force of the Act shall apply to the merger and the transfer of the insurance stock.
The law applicable at the time of entry into force of the Act before the entry into force of the law before the entry into force of the Act, or any other requirement, shall apply.
Compensation for damages based on acts or omissions before the entry into force of the law shall be governed by the law in force at the time of entry into force of the law.
THEY 181/2009 , TaVM 26/2009, EV 237/2009
This Act shall enter into force on 21 December 2012.
Article 14 of Chapter 16 does not apply to the declaration on which the contract was concluded before 21 December 2012.
Damage insurance, which is covered by the (543/1994) In accordance with Article 14 of Chapter 16 of the Insurance Association Act, which entered into force at the time of entry into force of this Act, Article 14 of Chapter 16 of that Law shall apply, in accordance with Article 14 (1) of this Act; Days until the beginning of the next insurance period. Instead of Article 14 (14) of this Act, Article 16 (1) of this Act may apply to an insurance other than a life insurance whose insurance premium or other conditions may be amended as provided for in Article 20a (1) of the Insurance Contract Act. On the date of entry into force of Chapter 16, Article 14, of the Insurance Association Act, until the beginning of the next insurance period or, if the insurance premium is not agreed, until the beginning of 2014.
THEY 55/2012 , TaVM 12/2012, EV 116/2012
This Act shall enter into force on 15 March 2014.
THEY 94/2013 , TaVM 38/2013, PeVL 43/2013, EV 4/2014, Directive 2011 /61/eu of the European Parliament and of the Council; (32011L0061); OJ L 174, 1.7.2011, p. 1
This Act shall enter into force on 1 January 2016.
THEY 344/2014 , TaVM 30/2014, EV 304/2014, Directive 2009 /138/EC of the European Parliament and of the Council (32009L0138); OJ L 335, 17.12.2009, p. Directive 2011 /89/EU of the European Parliament and of the Council (32011L0089); OJ L 326, 8.12.2011, p. 113., European Parliament and Council Directive 2014 /51/EU (32014L0051); OJ L 153, 22.5.2014, p. 1.
This Act shall enter into force on 1 January 2016.
THEY 254/2014 , TaVM 34/2014, EV 371/2014
