Advanced Search

Regulation on the accounting of insurance undertakings

Original Language Title: Verordnung über die Rechnungslegung von Versicherungsunternehmen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation on the accounting of insurance undertakings (Insurance companies accounting regulation-RechVersV)

Unofficial table of contents

RechVersV

Date of completion: 08.11.1994

Full quote:

" Insurance Company Accounting Ordinance of 8 November 1994 (BGBl. 3378), as last amended by Article 8 (14) of the Law of 17 July 2015 (BGBl I). 1245).

Status: Last amended by Art. 8 sec. 14 G v. 17.7.2015 I 1245

For more details, please refer to the menu under Notes
This Regulation provides for the implementation of Council Directive 91 /674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings (OJ L 139, 30.4.1991, p. EC No 7) and some of the provisions of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending the Directives 73 /239/EEC and 88 /357/EEC (OJ No L 73, 27.3.1973, EC No 1) and Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79 /267/EEC and 90 /619/EEC (OJ 1992 L 228, p. 1). EC No L 360 p. 1).

Footnote

(+ + + Text evidence from: 19.11.1994 + + +) 
(+ + + For application cf. § 64 + + +)
(+ + + Official notes of the norm provider on EC law:
Implementation of the
EWGRL 674/91 (CELEX Nr: 391L0674)
EEC-GRL 49/92 (CELEX Nr: 392L0049)
EWGRL 96/92 (CELEX Nr: 392L0096) + + +)

Heading: Short description inserted. by Art. 1 No. 1 V v. 27.5.2003 I 736 mWv 31.5.2003 Unofficial table of contents

Input formula

Pursuant to Section 330 (1), (3) and (4) of the Commercial Code, as amended in the Bundesgesetzblatt (Bundesgesetzblatt) Part III, outline number 4100-1, paragraph 1 last amended, and paragraphs 3 and 4 are added by Article 1 (7) of the Law of 24 June 1994 (BGBl. 1377), the Federal Ministry of Justice, in agreement with the Federal Ministry of Finance, is responsible for: Unofficial table of contents

Content Summary

Section 1
Scope
§ 1 Scope
Section 2
Balance sheet and profit and loss account
§ 2 Form sheets
§ 3 Summary of Item
§ 4 Of which-Vermerke
§ 5 Additions
Section 3
Provisions relating to individual items in the balance sheet
Subsection 1
Active Page Post
§ 6 Intangible assets
§ 7 Shares, shares or shares in investment assets and other non-fixed-income securities
§ 8 Bearer bonds and other fixed-income securities
§ 9 Mortgage, basic debt and pension requirements
§ 10 Other lending
§ 11 Deposits with credit institutions
§ 12 Other investments
§ 13 Deposit receivable from the insurance business acquired in recover
§ 14 Capital investments for the account and risk of life insurance policies
§ 15 Claims arising from the self-concluded insurance business
§ 16 Accounting claims arising from reinsurance business
§ 17 Other requirements
§ 18 Tangible assets and stocks
§ 19 Other assets
§ 20 Borderline interest and rents
Section 21 Balance Amount
Subsection 2
Passive Page Items
Section 22 Subordinated liabilities
Section 23 Shares for the insurance business in cover of gross amounts of technical provisions
§ 24 Contribution surcharges
Section 25 Cover return
Section 26 Provision for insurance cases which have not yet been uncovered
§ 27 Approximation and simplification procedures
§ 28 Return for performantsdependent and performantsindependent contribution restitution
§ 29 Fluctuation reset
§ 30 The fluctuation reserve similar provisions
Section 31 Other technical provisions
Section 32 Technical provisions in the area of life assurance, if the investment risk is borne by the policyholders
§ 33 Deposit liabilities arising from the insurance business being covered by the recover
Section 34 Settlement liabilities arising from reinsurance business
§ 35 Balance Amount
Section 4
Provisions relating to individual items of the profit and loss account
§ 36 Gross premiums written
Section 37 Reinsurance contributions
§ 38 Technical interest income for own account
§ 39 Unrealised gains from capital investments, unrealised losses from investments
§ 40 Other insurance-related income for own account
Section 41 Expenses related to insurance cases for own account
§ 42 Expenses for performantsdependent and performantsindependent contribution refunds for own account
Section 43 Expenses for the insurance business for own account
Section 44 Other technical expenses for own account
§ 45 Income from investments
Section 46 Expenditure on investments
§ 47 Other income
§ 48 Other expenses
§ 49 Other taxes
§ 50 Balancing Item
Section 5
Annex
Section 51 Additional explanations
Section 52 Additional mandatory data
Section 53 Insurance undertakings operating several business activities in the self-concluded insurance business
§ 54 Time value of investments
§ 55 Time value of land plots, equal rights and buildings, including buildings on foreign land
§ 56 Time value of other capital investments
Section 6
Site Report
Section 57 Site Report
Section 7
Group Accounting
Section 58 Consolidated balance sheet and consolidated profit and loss account
§ 59 Group Attachment
§ 60 Group Management Report
Section 8
Exemptions and simplifications for certain insurance undertakings
Section 61 Exemptions
Section 62 Simplifications
Section 9
Irregularities
§ 63 Irregularities
Section 10
Final provisions
Section 64 Transitional provisions
Section 65 Entry into force, external force

Section 1
Scope

Unofficial table of contents

§ 1 Scope

This Regulation shall apply to insurance undertakings and establishments for which the second subsection of the Fourth Section of the Third Book of the Commercial Code is to be applied in accordance with Article 341 (1) and (2) of the Commercial Code.

Section 2
Balance sheet and profit and loss account

Unofficial table of contents

§ 2 Forms

Insurance undertakings have, in place of Section 266 of the Commercial Code, on the structure of the balance sheet, the attached form 1 and, instead of Section 275 of the Commercial Code, on the breakdown of the profit and loss account,
1.
in the case of damage and accident insurance undertakings and reinsurance undertakings, the attached form 2,
2.
in the case of life insurance companies, pension and death insurance companies and health insurance companies, the form 3,
3.
in the case of life insurance undertakings which also operate the accident insurance business themselves, in place of form 3, the attached form 4,
4.
in the case of damage and accident insurance undertakings which also operate the self-contained health insurance business in the manner of life assurance, in place of form 2, the attached form 4, if this transaction is carried out has a larger scale,
where, in the case of certain types and types of insurance undertaking or because of their size, the following or in the footnotes to the forms nothing else is required. Reinsurance undertakings shall only be considered to be those undertakings which only operate reinsurance. Unofficial table of contents

§ 3 Summary of items

In the
1.
Balance sheet (form 1) can be used for the items
a)
Capital investments in affiliated companies and participations (asset item C No. II),
b)
Other investments (Assets item C No. III),
c)
Claims arising from the self-concluded insurance business (asset item E No. I),
d)
Other provisions (Passivposten G),
e)
Liabilities arising from the self-concluded insurance business (liabilities item I No. I)
with an Arab or Roman sub-item or a small letter, and in the
2.
Profit and loss account may be taken at the post
a)
Changes in the other net technical provisions (forms 2 and 4, item no. I 5),
b)
Expenditure on insurance business for own account (Form 2 Item No. I 7, Form 3 Item No.I 9, Form 4 Item No. I 7 and No II 9),
c)
Income from investments (Form 2 Item No. II 1, Form 3 Item No. I 3, Form 4 Item No. II 3 and No III 2),
d)
Expenditure on investments (Form 2 Item No. II 2, Form 3 Item No. I 10, Form 4 Item No. II 10 and No III 3)
the sub-items marked with small letters shall be grouped together if:
aa)
their amount is not significant for the provision of an image corresponding to the actual situation within the meaning of Section 264 (2) of the Commercial Code; or
bb)
in this case, the combined items must be shown separately in the Annex.
Unofficial table of contents

§ 4 Of Which-Vermerke

The balance sheet (form 1) shall be given in each case separately:
1.
the claims to affiliated companies and the claims made to undertakings with which an equity ratio exists, in each case to the items "receivted from the self-concluded insurance business" (asset item E No. I) "Accounting claims arising from reinsurance business" (Assets item E No. II) and "Other requirements" (asset item E No. III);
2.
the liabilities to related companies and the liabilities to companies with which an equity ratio exists, in each case to the items "liabilities arising from the insurance business itself closed" (Passivposten I No. (i) "settlement liabilities arising from reinsurance business" (liabilities item I n. II), "Bonds" (passive item I No III), "liabilities to credit institutions" (passive item I No IV) and "Other liabilities" (passive item I No V).
Unofficial table of contents

§ 5 Additions

(1) Where the balance sheet and the profit and loss account and the following provisions are used in the forms for the balance sheet and in the following provisions, the items, sub-items and information, including the amounts to be covered by the reference, shall be indicated. (2) In the forms for the profit and loss account and in the following provisions, the words "for own account" or "net" are used, the items, sub-items and information without the amounts are to be used. (3) to indicate the insurance business covered by the cover. (3) If the insurance business is not covered by cover, the "gross" and "net" and "for own account" additions contained in the forms, as well as in the balance sheet for liabilities items E and F, are the same as those with an Arabic number. provided under subheadings. In addition, in the technical accounts of forms 2, 3 and 4 for the profit and loss account, the sub-items, provided with one or more small letters, shall be omitted, provided that they are covered by the cover Insurance business.

Section 3
Provisions relating to individual items in the balance sheet

Subsection 1
Active Page Post

Unofficial table of contents

§ 6 Intangible Assets

(1) In the item entitled "Intangible assets", the following shall be shown separately:
1.
Self-created industrial property rights and similar rights and values;
2.
concessions, industrial property rights and similar rights and values, as well as licences, on such rights and values;
3.
goodwill or goodwill;
4.
the payments made.
(2) The development of the individual items of intangible assets shall be presented in the balance sheet or in the Annex. Based on the balance sheet values at the end of the preceding financial year, the entries, declines, rebookings, the attributions and amortization in the financial year as well as the balance sheet values at the end of the financial year are in each case separately . Unofficial table of contents

§ 7 Shares, shares or shares in investment assets and other non-fixed-income securities

In the item entitled "Shares, shares or shares in investment assets and other non-fixed-income securities", shares are to be issued in so far as they are not to be identified in the "shares in affiliated companies" or in the "participations" item, and , in particular, interim notes, shares or shares in investment assets, warrants, profit-sharing certificates, publicly-listed certificates issued as holder or order documents, and other non-fixed-income securities, insofar as they are listed on the stock exchange . Profit-sharing certificates accepted by maturity are to be included here as well. Unofficial table of contents

§ 8 bearer bonds and other fixed-income securities

(1) bearer bonds and other fixed-income securities shall, in particular, be granted the following rights if they are listed on the stock exchange and are not listed in the item "lending to related undertakings", in the post " lending to Undertakings with which an equity ratio exists "or in the" Other lending " item: fixed-rate bearer bonds and other fixed-interest bearer securities, irrespective of whether they are in the form of securities certificates are securable or designed as advertising rights, Order bonds, which are parts of a total mission, treasury bills, treasury bills and other money market papers (commercial papers, euronotes, certificates of deposit, bons de caisse and similar securitised rights) as well as cash obligations. Interest-rate coupons which have been accepted are also to be included here. (2) Securities that are endowed with a variable interest rate shall also be deemed to be fixed, provided that the interest rate is variable, for example, to a certain size, for example to a interbank interest rate or a euro money market rate, as well as zero coupon bonds, as well as debt securities, which securiate a pro rata claim to proceeds from a pooled receivable assets. Unofficial table of contents

§ 9 Mortgage, basic debt and pension requirements

In the item entitled "Mortgage, basic debt and pension claims", claims must be made for which the accounting insurance undertaking has ordered a plea of land or ships, and in which the satisfaction, in particular, of the satisfaction of the shall be carried out by recovery of the loaded object. The claims mentioned above also include those which are additionally secured by an insurance contract. Unofficial table of contents

Section 10 Other lending

(1) In the "Other lending" item, without regard to its term of office, the following lending shall be expleted, in so far as it does not appear in the post "lending to affiliated undertakings" or in the post " lending to undertakings with which: Participation ratio " shall be:
1.
Name bonds, which include, in particular, the names of the names of the Federal Railways, the former Bundesbahn and the former Bundespost, the Länder and the Federal Republic of Germany, the names of the Federal Railways and the Federal Republic of Germany, the names of the Federal Railways and the Federal Government. Municipalities registered in the debtor ' s account on the name of the accounting insurance undertaking;
2.
Debt receivingand loans;
3.
loans and advances on insurance bills;
4.
Other lending, including in particular:
a)
Loan repayment loans;
b)
Loans and advances paid to employees (employees and self-employed insurance intermediaries) in the amount of more than six months; lower loans are to be shown under the heading "Other receivings".
(2) The amount of the loans and advances referred to in paragraph 1 (3) shall be indicated in the Annex if it does not result from the balance sheet. The remaining lending shall be broken down if they are of a larger scale. Unofficial table of contents

Section 11 deposits with credit institutions

The item entitled "deposits with credit institutions" means the credit balance and savings in credit institutions which cannot be dismissed until the expiry of a period of notice. The amounts of money deposited in favour of foreign governments as bail are also to be shown in this item. Deposits with credit institutions which, in spite of interest rates, may be available at any time, must be shown under the heading "running credit for credit institutions, cheques and cash balances", including the current post-bank balance. Unofficial table of contents

§ 12 Other investments

In the item "Other investments", the compensatory claims arising from the currency reform of 1948 are also to be rejected. The "Other investments" shall be explained in the Annex if they have a larger scale. Unofficial table of contents

§ 13 Depository requirements arising from the insurance business acquired in recover

(1) In the item entitled "Depot receivings from the insurance business taken into account", undertakings operating the reinsurance business shall be entitled to the claims of pre-insurers at the level of the securities held by them or of the securities held by them. or third parties. (2) The deposit receivables may not be combined with other claims to the pre-insurer or credited with liabilities to the pre-insurer. (3) Remaining in the case of a Pre-insurers or third parties shall be subject to the ownership of the securities reinsureted company, they are to be issued in the form of securities under the respective capital investment items. Paragraph 1 shall not apply to this extent. Unofficial table of contents

Section 14 Capital investments for the account and risk of life insurance policies

(1) In life assurance, the capital investments shall be assigned, according to the value of which the value or surpluses in the fund-bound contracts are determined, and capital investments to cover liabilities from contracts in which the benefit is (2) The composition of the fixed asset and the number of units shall be included in the Annex for distribution to the members of a toning company. (2) The notes shall be based on the following: Indicate the closing date. Unofficial table of contents

§ 15 Claims from the self-concluded insurance business

(1) In the subheading "claims which are not yet due", the life insurance companies and the pension and death-holders, which are responsible for the cover provision, are entitled to the claims of insurance undertakings which are not yet due for contributions by the (2) In the case of contracts to which the provisions of the third implementing legislation have been applied until the entry into force of the third implementing legislation (2), the Insurance Supervision Act of 21 July 1994 (BGBl. 1630), if the guarantee values are provided for, the difference between the business plan cover provision and the unrestricted cover provision should be shown here. Unofficial table of contents

Section 16 Accounting claims arising from reinsurance business

In the item entitled "Accounting receivables from reinsurance business", the debt balances arising from the current accounts with the reinsurers and reinsurers and reinsurance brokers shall be those arising from the reinsurance undertaking and in the form of reinsurance undertakings. Revelation of a given insurance business. In the case of reinsurance contracts announced at the closing date, the accounting balances shall also include the technical provisions relating to such provisions, provided that they are replaced by the closing date of the closing date; the settlement shall be replaced by the Technical provisions shall not be issued until a later closing date or time, until then, under the corresponding sub-items of technical provisions. Unofficial table of contents

Section 17 Other claims

In the item "Other receivings" there are claims to be issued which cannot be assigned to another item. These include the claims arising from insurance mediation for other insurance companies, the management foreign business and other service contracts, the bail-out provided by an insurance association on reciprocity. the amount and claims made available as a foundation stock to member and carrier companies which do not come from the insurance business. Unofficial table of contents

Section 18 tangible assets and inventories

(1) Technical equipment and machinery, other equipment, operating and business equipment, as well as any payments and equipment under construction, are to be considered as tangible assets. (2) In particular, stocks of operating materials and supplies are available as supplies and to expel any office material and any payments made thereto. Unofficial table of contents

Section 19 Other Assets

The item "Other assets" shall be explained in the Annex if it has a larger scale. Unofficial table of contents

Section 20 Interest and rents of rent

The interest and rental income which is defined as "borderline interest and rents" shall be excluded from the period up to the closing date but are not yet due. Unofficial table of contents

Section 21 Compensatory Amount

Branches shall be the last item of the assets side to insert the item "compensatory amount" if an overhang of the liabilities item is obtained via the remaining assets.

Subsection 2
Passive Page Items

Unofficial table of contents

Section 22 Subordinated Liabilities

In the item entitled "Subordinated Liabilities", liabilities are to be shown which, in the event of liquidation or insolvency, may only be fulfilled in accordance with the claims of the other creditors. Unofficial table of contents

§ 23 Shares for the insurance business in return on gross amounts of technical provisions

The shares for the insurance business in cover of the technical provisions shall include the amounts by which the gross amounts of the technical provisions shall be based on the contractual arrangements with: mitigate the reinsurers. The corresponding shares in the gross amount of the contribution surcharges shall be calculated in accordance with § 24; in the case of termination of the reinsurance contract, the first sentence shall apply. Unofficial table of contents

Section 24 Contribution surcharges

The gross amount of the contribution surcharges pursuant to section 341e (2) (1) of the Commercial Code includes the part of the gross premiums booked, which is the income for a specified period after the closing date for the following financial year or the following financial year. In so far as it is not to be shown in a different technical reserve, financial years shall be attributed to financial years. In the absence of certain classes and types of insurance for the calculation of the gross amount of contribution surcharges in respect of a period of proportionality between risk history and contribution, the gross amount of the contribution surcharges shall be payable in accordance with procedures , which take account of the differences in risk development over time. Unofficial table of contents

Section 25 Return to cover

(1) In the calculation of the cover provision, appropriate security surcharges shall be used to take account of the risks arising from the insurance contract. One-off closing costs may be taken into account in accordance with an appropriate actuarial procedure, in particular the closing procedure. (2) If the cover provision calculated in accordance with Section 341f of the Commercial Code is a In the case of an insurance contract under the right to buy back, which is guaranteed by contract or by law, the insurance contract shall be set at its level; this shall apply in the same way as a non-contributory insurance benefit. (3) The item entitled "Cover provision" shall comprise: , in particular, the administrative cost provision for non-contributory years and Insurance. (4) For the calculation of the provision in the life insurance business and the damage and accident insurance business operated in the manner of life assurance, § 5 para. 3 no. 2 half sentence 2 and § 11c apply in conjunction with § § § § 5 (2) Article 156a (3), third sentence, of the Insurance Supervision Act and the provisions adopted pursuant to Section 65 of the Insurance Supervision Act. (5) The calculation of the retirement provision to be established by the health insurance companies is to be found in the Pursuant to Section 12c (1) (1) of the Insurance Supervision Act Rules applicable. If negative ageing reserves are offset against positive ageing reserves for the ageing of all insurance undertakings which are self-contained by the sickness insurance undertaking, the result is a negative ageing reserve, (6) In the case of injury and accident insurance undertakings and reinsurance undertakings, the item entitled "Cover provision" shall also cover the accumulated and galvanic savings of the contributions. Contribution cover provision for the type of Life insurance operated damage and accident insurance business. The pension cover provision formed by these companies for pension insurance cases must be shown in the item entitled "Provision for insurance cases not yet unfolded". Unofficial table of contents

Section 26 Reprovision for insurance cases not yet uncovered

(1) For the amount of the provision for insurance cases not yet unfolded pursuant to Section 341g (1) sentence 1 of the Commercial Code, the life insurance shall be subject to the obligations of the beneficiary, including the obligations of the beneficiary. Provisions for repurchases, repayments and exit allowances which have not yet been uncovered. In the case of sickness insurance, this provision covers the insurance cases which have occurred up to the closing date only in so far as the use of the doctor, the pharmacy, the hospital or the equivalent before the closing date is or is not the case. Daily allowance shall be granted for days prior to the closing date. The initial amount determined in accordance with Article 341g (3) sentence 2 of the Commercial Code shall be increased by an estimated amount to which the average ratio of payments for at least the last three financial years has been calculated for: Insurance cases in the first few months on the basis of the total expenses for insurance cases-in each case for the previous financial year. In addition, the effects of exceptional circumstances are to be estimated separately. (2) Claims from Regressen, Provenues and Partial Agreements must be deducted from the provision for insurance cases which have not yet been uncovered. In the case of legal expenses insurance, the claims for the first sentence also include existing claims to the process owner for reimbursement of costs. If the accounts receivable reach a greater extent, they shall be indicated in the Annex. Unofficial table of contents

Section 27 approximation and simplification procedures

(1) The information relating to the financial year relating to the contributions due or the insurance cases which have occurred, due to the specific characteristics of the insurance business at the time when the balance sheet is placed on the balance sheet, shall be considered to be correct If an estimate is not made, one of the methods described in paragraphs 2 and 3 shall apply. The amount of the technical provisions thus formed shall, if necessary, be increased to such an extent that it is sufficient to meet current and future obligations. (2) In insurance branches or insurance types in which: The technical provision shall be deducted from the surplus of the premiums written on the insurance claims and the expenses for the insurance business for contracts beginning in the year of the drawing in the EU. This provision may also be determined on the basis of a certain percentage of the contributions booked, if, according to the nature of the insured risk, such a procedure is appropriate. As soon as sufficient information is available, but at the latest at the end of the third year following the year of the drawing, the provision thus formed shall not be completed by a provision established in accordance with the general principles for the provision of Insurance cases to be replaced. The year of drawing is the financial year in which the insurance contracts have commenced in the insurance sector or the type of insurance concerned. (3) The figures of the year may be used in the technical account. (4) The application of a procedure referred to in paragraph 2 or 3 shall be indicated and justified in the Annex and, if the procedure applied is amended, its influence shall be: to the assets, financial position and profit situation in the Annex. Where a procedure referred to in paragraph 2 is applied, it shall be indicated in the Annex to the period up to the date of the formation of an insurance case which has not yet been uncovered, as determined in accordance with the general principles. For the purposes of applying the procedure referred to in paragraph 3, the Annex shall specify the period for which the year the figures are shown shall be preceded by the financial year and the extent to which the transactions in question shall be. Unofficial table of contents

Section 28 Reprovision for performantsdependent and performantsindependent contribution restitution

(1) In the item entitled "Replacement for non-profit-dependent and non-performanted contribution restitution", the provisions for repayment of contributions are to be rejected in accordance with Section 341e (2) (2) of the Commercial Code. This includes the amounts determined for the purpose of offsetting future contributions, in so far as they are not granted by way of direct credit. (2) The performantsdependent contribution refund shall include the amounts of the total income, from the total (3) The non-performanty contribution refund shall include the amounts of the claim or the amount of the insurance cover, or the amount of the insurance cover, the amount of the insurance cover, the amount of the insurance cover, the amount of the insurance cover, the amount of the insurance cover, the the profit of one or more insurance contracts, or the are contractually agreed or regulated by law. (4) Accumulated surplus shares as well as due but not yet distributed surplus shares are under the item " liabilities from the self-concluded (5) Pensions and death breeds shall have access to the closing dates for which an actuarial calculation of the cover provision does not take place. Cover return from the reserve for performantsdependent contribution restitution under (6) Life insurance shall apply to final surplus shares, final payments, profit margins and to the minimum level of participation. Valuation reserves within the reserve for repayment of contributions, a partial return (Closing Surplus Fund) is formed in accordance with the respective applicable declaration. The return may only be used for the purposes of sentence 1. Section 56a of the Insurance Supervision Act remains unaffected. (7) The final surplus fund of insurance outside the retirement period shall be calculated in accordance with paragraphs 7a to 7d in such a way as to ensure that the final date of the closing date is the most proportional final values of the final surplus, final payments and the minimum turnout in valuation reserves in accordance with the applicable declaration on the regular due date (expiry of the insurance or the start of retirement at (7a) The pro-rata final value for In the case of capital-forming insurance companies, the final surplus is determined in accordance with the chronological course of the emergence of the income from investments according to the recognised rules of actuarial mathematics. (7b) the proportional final value for final surplus and final payments by multiplying the final value resulting from the declaration by the ratio of the past to the total duration of the insurance. (7c) For the minimum contribution to the valuation reserves shall be the proportionate final value of the (7d) For the interest rate of the proportionate final values, an interest rate is to be chosen which is not higher than that of the insured person. (7d) is the arithmetic mean of the return on returns of the public sector bonds, calculated over a reference period of 10 calendar years, in accordance with the capital market statistics published by the Deutsche Bundesbank in its monthly reports. Early termination of the contract may be taken into account by means of appropriate increase or surcharges. In the period of retirement, the Fund for Retained Earnings and Surplus Shares is at least equal to the difference between the cash value of future pensions calculated on the basis of a best estimate based on the basis of the best estimate. , including non-guaranteed pension benefits, in accordance with the applicable declaration and the cover provision. (7e) Derogations from paragraphs 7 to 7d shall be permitted,
1.
if they lead to nearly the same results, or
2.
in order to comply with the approved business plan for contracts according to regulatory approved tariffs or the specifics of the tariff or declaration.
(7f) Repurchase of prematurely due final surplus shares must be covered by the closing surplus fund of the respective sub-stock. (8) The life insurance companies as well as the pension and death funds are responsible for the final surplus. completed insurance business in the appendix in tabular form:
1.
the development (initial stock, supply, take-up, end-stock) of the provision for restitution of contributions;
2.
the parts of the reserve for reimbursement of contributions, which are not
a)
on existing surplus shares already established but not yet allocated;
b)
on pre-defined but not yet allocated final surplus shares and final payments;
c)
the amounts already fixed but not yet allocated for the minimum level of valuation reserves;
d)
any amounts already fixed but not yet allocated, for the participation in valuation reserves, but without amounts as referred to in point (c);
e)
the part of the final surplus fund set back for the financing of profit margins, but without amounts as referred to in point (a);
f)
on the part of the Final Surplus Fund, which is set back for the financing of final surplus and final payments, but without amounts as defined in points (b) and (e);
g)
on the part of the Final Surplus Fund, which is set back for the financing of the minimum participation in valuation reserves, but without amounts as referred to in point (c);
h)
on the non-binding part (provision for repayment of contributions without the letters a to g);
3.
for the individual accounting associations or groups of stocks, the surplus shares fixed and, where applicable, the rate of collection interest used, indicating the allocation year;
4.
the procedures for calculating the Final Surplus Fund and the invoiced bases.
(9) Paragraphs 6 to 8 shall apply in respect of the insurance against damage and accidents in the manner of life insurance. Unofficial table of contents

Section 29 Fluctuation Reserve

The provisions contained in the Annex shall apply to the formation of the provisions of the fluctuation provisions in accordance with Section 341h (1) of the Commercial Code. The supervisory authority responsible for the insurance undertaking may, on a case-by-case basis, allow derogations where the actual circumstances require a change in the basis of the calculation or if the scheme compensates for the fluctuations in the annual damage is not or is not sufficiently guaranteed. Unofficial table of contents

Section 30The fluctuation reserve similar provisions

(1) For the self-contained product liability insurance of Pharmarisks in accordance with the German Medicines Act, a Pharmarinic position is in each case a provision similar to the fluctuation reserve according to § 341h. The provisions of paragraph 2 of the Commercial Code shall be as follows:
1.
The maximum amount of the Pharmarch is in each case fifteen times the earned contributions of the financial year for its own account.
2.
In the case of a pharmarinating, until the level reached in accordance with point 1 is reached or has been reached again after a dissolution, 75% of the balance of the balance of contributions and expenses for the reimbursement of contributions dependent on income are to be deducted from 75% of the balance of the balance of contributions and expenses incurred in The expenses for insurance cases and the expenses for the non-profit-making allowance, each for own account.
3.
If the calculations according to point 2 result in a negative amount, the Pharmarch position shall be resolved in this respect.
(2) In the case of self-contained and in revelation, insurance of installations for the production or division of nuclear fuel or for the processing of irradiated nuclear fuel against nuclear energy damage is in each case to form a nuclear deposit provision as a provision similar to the fluctuation reserve in accordance with Section 341h (2) of the Commercial Code, in accordance with the following conditions:
1.
The maximum amount of the nuclear deposit provision shall be either 100% of the sum of the sum of the amounts of insurance and liability for nuclear energy which the insurance undertaking represents in respect of the assets of the insurance undertaking which are the most insured by the insurance undertaking in accordance with the provisions of the first sentence of , or 25 of the total amount of the total amount of the insurance total for nuclear energy damage which the insurance undertaking has taken on its own account for the insurance of such investments. The principal is the lower of the two amounts.
2.
In the case of the nuclear plant provision, until the level referred to in point 1 has been reached or has been reached again, 20 per annum shall be returned annually to the amount referred to in point 1, but not more than 75 from the hundred of the contributions earned, reduced by: the costs of insurance cases, each for their own account.
3.
If the expenses for insurance cases exceed 75 per cent of the earned contributions, in each case for own account, the nuclear deposit provision shall be resolved in so far as it is appropriate to the extent of the costs incurred.
(2a) For the insurance of terrorist risks with a high risk of damage, which is self-contained and taken into account, is in each case a terrorist risk provision as a provision similar to the fluctuation reserve pursuant to Article 341h (2) of the The trade code shall be based on the following conditions:
1.
The maximum amount of the terror risk provision corresponds to the amount of liability assumed in the recover of the respective maximum liability of the risks assumed for its own account. In the self-concluded business, the maximum amount shall be fifteen times the earned contributions of the business year for own account.
2.
The risk of terrorism shall, until the level referred to in point 1 has been reached or be restored after a dissolution, to supply 90 per year of the balance of the balance of contributions earned and expenses incurred for the reimbursement of contributions dependent on performanity, reduced by the expenses for insurance cases and the expenses for non-performanted contribution restitution, in each case for own account. If, on a case-by-case basis, the insurance undertaking has lower or higher other expenses for the insurance business than the 10 of the hundred adopted in accordance with the first sentence, the amount of 90 of the hundred shall be increased or decreased accordingly.
3.
Where the calculations referred to in point 2 give rise to a negative amount, the risk of terrorism shall be resolved in so far as it is appropriate.
(3) Similar provisions are inadmissible if a fluctuation reserve is formed. They must be transferred to the fluctuation reserve as soon as the conditions under section 341h (2) of the Commercial Code no longer exist in a financial year. Unofficial table of contents

Section 31 Other technical provisions

(1) In particular, the item "Other technical provisions" shall include:
1.
the cancellations relating to claims arising out of the self-concluded insurance business and contributions already collected by the accounting insurance undertaking in the amount of the contributions likely to be recovered on account of continued or Reduction of the technical risk according to § 80 of the Insurance Contract Law;
2.
the provision for imminent losses for the various classes of insurance or insurance of the self-concluded and the insurance business taken into account; if it reaches a greater extent, it shall be in the balance sheet, or shall be shown separately in the Annex.
(2) Damage and accident insurance undertakings and reinsurance undertakings shall also be required to designate under this heading:
1.
the return on the basis of the obligations arising from membership of the Solidarity assistance. V. and transport victim assistance e. V.;
2.
the provision for unneeded contributions from stationary road safety and vehicle safety insurance;
3.
the provision for the non-profit-making refund, provided that it is established as a pre-condition for a multiannual observation period before the end of this period.
Unofficial table of contents

Section 32 Insurance provisions in the area of life assurance, if the investment risk is borne by the policyholders

(1) This item shall include the technical provisions relating to the undertaking ' s obligations under life insurance contracts, the value or income of which shall be determined on the basis of investments for which the insurance undertaking ' s obligations are (2) any further technical provisions relating to mortality, insurance operations or other risks (as in the case of the case of the insurance undertaking). of guaranteed minimum benefits or repurchase values) shall be (3) Insurance provisions for the obligations of a tontine operator in relation to the members of a Tontine shall also be shown here. Unofficial table of contents

§ 33 Depository liabilities arising from the insurance business covered by the recover

(1) In the item entitled "Depository liabilities arising from the insurance business in cover", the liabilities to reinsurers shall be the amount of the amounts that are to be considered as collateral by the accounting insurance undertaking. (2) The deposit liabilities may not be combined with other liabilities to the reinsurer, nor may they be charged to the reinsurer. . Unofficial table of contents

Section 34 Accounting liabilities arising from reinsurance business

In the item entitled "Accounting liabilities arising from reinsurance business", the debt securities arising from the current accounts with the pre-insurers and reinsurance brokers shall be those arising from the reinsurance undertaking and in the form of reinsurance undertakings. Revelation of a given insurance business. In addition, § 16 sentence 2 applies. Unofficial table of contents

§ 35 compensatory amount

Branches shall be the last item on the liabilities side to insert the item "compensatory amount" if there is an overhang of the assets over the other liabilities items. Amounts, which are dedicated to equity and do not constitute a fixed deposit, are not here, but are to be shown under the liabilities item "Capital reserves".

Section 4
Provisions relating to individual items of the profit and loss account

Unofficial table of contents

Section 36 Gross Premiums

(1) In the sub-item "Gross premiums", in so far as it is the self-contained insurance business, the following contributions shall in particular be shown:
1.
the contributions payable in the financial year and the rates of contributions (including the rate supplements), even if they relate in whole or in part to a later financial year, plus the additional tariff-related fees paid by the policyholders, including: if they are left to the insurance intermediary in whole or in part;
2.
the contributions which can be calculated only after the closing date;
3.
in life insurance, one-off contributions;
4.
the surpluses collected by mutual insurance associations in the financial year;
5.
the post-settlement contributions in the classes of insurance which are due in the financial year, which are settled after the drawing-up period;
6.
contributions from such insurances, which shall be entered in an insurance pool;
7.
the contributions which, in the case of open co-insurance, have been subscribed by the leading company as own shares;
8.
the contributions from the investment business received from the leading company in the case of open co-insurance of the co-insurers;
9.
Receipts from contributions receivted or cancelled in previous financial years, as well as income from the dissolution and reduction of the lump-sum correction to the contributions receivings to the policyholders.
(2) The contributions referred to in paragraph 1 shall be subject to the following:
1.
the insurance tax, even if it is not collected separately by the policyholder;
2.
depreciation and amortisation of unrecoverable contributions to policyholders, as well as the expenses arising from the formation and increase of the flat-rate correction of contributions to the policyholders ' claims.
The contributions referred to in paragraph 1 shall not be reduced in respect of refunds and commissions paid to insurance intermediaries. (3) In the sub-item "Gross premiums", insofar as it relates to the insurance business covered by the recover , the following contributions shall be issued:
1.
the contributions and ancarial benefits of the policyholders credited by the pre-insurers for the financial year;
2.
the contributions made by an insurance pool;
3.
the portefeuille entry fees received by the pre-insurer when the insurance business has been completed or increased by the pre-insurer.
The contributions referred to in the first sentence shall be used to discontinue the portefeuille submissions to the pre-insurers in the event of abandonment or reduction of the insurance business taken into account in the recover. Unofficial table of contents

Section 37 Reinsurance Contributions

The following amounts shall be shown in the sub-item entitled "Reed reinsurance contributions":
1.
contributions credited to reinsurers and by-services of policyholders;
2.
the contributions made to an insurance pool;
3.
the portefeuille entry fees paid to the reinsurer when the insurance business is completed or increased to the reinsurer.
From the amounts set out in the first sentence, the portfolios of the portfolios of the portfolios obtained by the reinsurer in the event of abandonment or reduction of the insurance business in return shall be deducted from the reinsurer's return. Unofficial table of contents

Section 38 Technical interest income for own account

(1) In the item entitled "Technical Interest Income for Own Account", the following savings income shall be shown by the injury and accident insurance undertakings and reinsurance undertakings:
1.
the income from the capital investments (less the corresponding direct expenses) of the gross premiums return for the self-contained damage and casutal insurance in the manner of life insurance Cover stocks;
2.
the interest-rate contributions to the gross pension cover provision in the self-contained accident and liability insurance;
3.
The deposit income from the collateral provided for the pre-insurers in the amount of the gross covering provisions for the life, health, and injury and accident insurance taken into account in the form of life assurance.
The amounts to be paid to reinsurers shall be deducted from the amounts referred to in the first sentence in so far as they relate to the securities held in respect of the shares of reinsurers in the technical gross provisions referred to in the first sentence of this Article. (2) The Annex shall explain the reason for the transfer and the calculation basis. Unofficial table of contents

Section 39 Unrealised gains from capital investments, unrealised losses from investments

Life insurance companies have the unrealised gains or losses from the capital investments for the account and risk of the holders of life insurance policies in the item entitled "Unrealised gains from investments" or in the item " Not realised losses from capital investments ". Unofficial table of contents

§ 40 Other technical income for own account

In the item entitled "Other technical returns on own account", the technical returns cannot be attributed to another item. These include in particular:
1.
in the case of all insurance undertakings, the insurance undertakings
a)
Payment of penalties and interest on arrears;
b)
non-repealed, annual contribution repayments;
2.
in the case of the life assurance undertakings, the income from the increase in the number of claims to the policyholders which have not yet been activated;
3.
in addition to the income referred to in point 2, in addition to the income referred to in point 2, the income arising from the contributions of a member or carrier undertaking to cover the total or partial cover of the expenses incurred in the insurance business.
The shares of the reinsurers shall be deducted from the previous proceeds. Unofficial table of contents

Section 41 expenditure on insurance cases for own account

(1) The costs of insurance cases for own account include the gross payments made in the financial year for insurance cases as well as the change in the gross provision for insurance cases which have not yet been uncovered. The shares of the reinsurers must be deducted from the gross expenses in accordance with the first sentence. (2) As a gross amount of the payments for insurance cases, the total payments for insurance cases of the financial year and of the financial statements in the financial year are the gross amount of the insurance claims. Previous years minus the payments received in the financial year on the basis of regresses, provenues and partial agreements as well as payments within the meaning of § 26 para. 2 sentence 2. In this connection, the claims for damages are to be taken into consideration at the end of the financial year on the basis of contractual announcements. The gross amount of the payments for insurance cases also includes pension payments, repurchases and repayments, and the staff assigned to the "Regulation of insurance cases, repurchases and repayment" functions. Material expenses, consisting of the external and internal regulatory expenses. The external regulatory expenses include, in particular, the legal fees, court and process costs, fees for non-operating claims adjuster and the additional commissions for claims settlement to the insurance intermediaries. As a regulatory expense, expenses incurred in defence of unfounded claims in liability insurance as well as compensation expenses in the legal expenses insurance, which are due to the care of the policyholders and the insurance companies, are also expenses. (3) The change in the gross amount of the provision for insurance cases which have not yet been completed shall be the result of the difference between the corresponding value at the end of the contract. of the financial year and that at the beginning of the financial year. (4) In the case of the identification of the share of reinsurers in the gross amount of the payments for insurance cases and the change in the gross amount of the provision for insurance cases which have not yet been settled, the provisions of paragraphs 2 and 3 shall apply accordingly: (5) If the result from the settlement of the provision for insurance cases not yet unwrapped from the previous financial year is significant, this shall be explained in accordance with the type and the amount in the Annex. Unofficial table of contents

§ 42 expenses for performanty and performanty fee repayments for own account

(1) The expenses for the performant-dependent contribution refund in the life and health insurance cover the contributions to the provision for the repayment of performantsdependent contribution restitution. (2) The expenses for the performant-dependant Reimbursement of contributions in the insurance and accident insurance and the expenses for the non-performance-independent contribution restitution in the insurance and accident insurance as well as reinsurance and sickness insurance include:
1.
the supply to the reserve for repayment of contributions;
2.
the losses arising from the settlement of provisions taken over from the previous financial year; corresponding profits shall reduce expenses.
The shares of the reinsurers shall be deducted from the expenditure referred to in paragraph 1 and in the first sentence. (3) Achievement of the performantsand the non-performance-independent contribution refunds to the policyholders shall be greater than that of the to specify them separately in the Annex. Unofficial table of contents

Section 43 expenditure on the insurance business for own account

(1) The total personnel and material expenses of the company plus the calculation of the calculation of rental costs for the property and buildings used are to be assigned to the following functional areas:
1.
Regulation of insurance cases, repurchases and repayment;
2.
the conclusion of insurance contracts;
3.
management of insurance contracts;
4.
Management of investments.
Expenses which cannot be allocated to these functional areas are to be shown under the item "Other expenses". The expenses attributed to functional areas 1 to 3 are, in addition to the insurance business itself closed, by the insurance companies in addition to the third sentence of section 51 (4) (1) sentence 3, broken down by the insurance business there. and to the insurance business referred to in the recover. The allocation of the expenditure to the functional areas and classes of insurance shall, in so far as they are not directly attributable, be carried out in principle after the use of the operating range for the functional area or the insurance branch. (2) The expenses incurred by the conclusion of an insurance contract shall be dismissed as final expenses, even if they are covered by the accounts of the life insurance companies and the pension and death penalty payments. The final expenses shall include both:
1.
the expenditure directly attributable, in particular:
a)
the closing commissions and supplementary commissions for the production of policies, as well as the working and transfer commissions for the investment business,
b)
the Courtagen to the insurance brokers,
c)
the costs of the application of the insurance file, the inclusion of the insurance contract in the insurance portfolio and the medical examinations in connection with the conclusion of insurance contracts, and
2.
the indirectly attributable expenses, such as in particular:
a)
the general advertising expenditure,
b)
the non-material expenses incurred in connection with the processing of applications and the policy.
(3) Administrative expenditure shall include, in particular, expenditure on:
1.
the contribution, including the corresponding commissions;
2.
the management of the stock, including the corresponding commissions;
3.
damage prevention and control;
4.
health care for the benefit of policyholders;
5.
the processing of
a)
Reimbursement of contributions;
b)
passive reinsurance and retrocession.
(4) Of the gross expenses for the insurance business, the commission and profit participations received shall be deducted from the insurance business in return and shall be rejected separately. This includes the pro rata refund of the original expenses incurred by the pre-insurer for the insurance business, as well as the build-up commissions and other build-up grants received. (5) Damage-and Accident insurance companies have summarized the final expenses and administrative expenses under the heading "Gross expenses for the insurance business". However, in the Annex, these items shall be indicated separately. Unofficial table of contents

Section 44 Other technical expenses for own account

In the item entitled "Other technical expenditure on own account", the technical expenses which cannot be attributed to another item are to be rejected. These include in particular:
1.
in the case of the damage and accident insurance undertakings and reinsurance undertakings, the fire protection tax, even in so far as it is reimbursed to the pre-insurers;
2.
in the case of life insurance companies and the pension and death penalty
a)
the interest on accumulated surplus shares;
b)
the direct debit of surplus shares, in so far as they are not supplied to the cover provision;
c)
the costs arising from the reduction of the claims made to the policyholders, which are not yet due;
d)
the deductions paid to the reinsurers to the securities retained.
The shares of the reinsurers shall be deducted from the above expenses. Unofficial table of contents

Section 45 Income from investments

(1) A life insurance undertaking shall also be subject to the self-concluded accident insurance business, where the income from investments, in so far as they are directly related to the life insurance business, shall be in the technical insurance sector Account for the life insurance business. Where a damage and accident insurance undertaking also operates the self-contained health insurance business in the manner of life assurance, the income from capital investments shall, in so far as they are directly related to the (2) As " income from land, equal rights and buildings, including buildings on foreign land, the insurance business is linked to the insurance business. Land " is also the calculatory rents for the properties of the land used and to expel buildings. Unofficial table of contents

Section 46 expenditure on investments

(1) Section 45 (1) is to be applied in accordance with Section 45 (1). (2) As expenses for the management of the capital investments, the personnel and services assigned to the functional area "Management of investments" are (3) Interest-rate expenses and other expenses for the capital investments shall include in particular:
1.
the costs of land, the same rights and buildings, including buildings on foreign land, such as operating costs, maintenance costs, levies, levies and insurance contributions;
2.
Deposit fees;
3.
Remuneration for the trustee for the cover stock;
4.
losses from shareholdings in partnerships;
5.
Debt interest on mortgages on their own property.
Unofficial table of contents

Section 47 Other income

In the item "Other income", the non-technical income cannot be attributed to another item. These include in particular:
1.
the income from services provided;
2.
(dropped)
3.
other interest and similar income, in so far as they are not derived from investments;
4.
the income on the basis of receipts from depreciated claims and income from the dissolution and reduction of the flat-rate adjustments to the claims, in so far as such income is not derived from the
a)
requests relating to the investments to be recorded in the item entitled "Income from attributions";
b)
Stir contributions to the policyholders to be included in the "Gross premiums" item.
Unofficial table of contents

Section 48 Other expenses

In the item "Other expenses" the non-technical expenses are to be expunged, which cannot be allocated to another item. These include in particular:
1.
Personal and material expenses which cannot be attributed to the functional areas referred to in § 43 (1) (1) to (4);
2.
(dropped)
3.
the interest payable, including the interest rate contributions to the pension provision. The amounts paid to the reinsurers for the securities retained, which are paid by the insurance and accident insurance undertakings and reinsurance undertakings in the case of "Technical Interest for their own", shall not be shown here. 'to be taken into account and to be recognised by the life assurance undertakings in the item' Other technical expenditure on their own account ';
4.
depreciation and amortisation of receivments as well as the expenses arising from the formation and increase of the flat-rate value adjustments to the claims, insofar as these expenses are not
a)
relating to claims relating to investments to be recorded in the item entitled "Depreciation on investments in capital";
b)
the contributions receivingto the policyholders to be treated as deductions under the heading 'Gross premiums';
5.
the central administrative costs invoiced by the foreign Directorate-General of the domestic branch.
Unofficial table of contents

Section 49 Other taxes

In the item "Other taxes", taxes are to be expleted in so far as they are not taxes on income and on income or on fire protection tax. Unofficial table of contents

§ 50 Compensation item

In the event of a supplement to the non-technical account in accordance with footnote 4 of form 3, pensions and death-holders shall, in the event of non-technical account calculation of the non-technical account, be subject to the closing dates on which the actuarial calculation of the cover provision does not take place. In the case of the item entitled "Balance sheet profit/loss of balance sheet", it is necessary to identify the calculated surplus of the income on the expenses or expenses relating to the income under the name "compensation items". In the following financial year, this difference shall be referred to under the "compensation post from the previous year".

Section 5
Annex

Unofficial table of contents

Section 51 Additional Explanatory Notes

(1) In addition to those referred to in § 341a in conjunction with Section 284 and Article 285 (1) to (3a), (7), (9) to (14a) to (30), (32) to (34) of the Commercial Code, the Annex is to be included in this Regulation on the individual items of the balance sheet or the profit and loss account shall include the information required. In addition, the information required in this section must be provided. (2) In place of the information provided for in Article 284 (3) of the Commercial Code, the development of assets B and C I to III shall be presented in accordance with the applied pattern 1, provided that no corresponding presentation is made in the balance sheet. (3) In place of the information required by Section 268 (7) of the Commercial Code, the liability conditions referred to in § 251 of the Commercial Code are in each case separately provided with the indication of the shall state the pledge and other guarantees granted. Where such obligations exist in relation to related undertakings, they shall be disclosed separately. The balance sheet value of the pledged assets transferred or deposited for security purposes, for which the insolvency proceedings may be used to assert or declaim rights, with the exception of the stocks of the cover stock in accordance with § 66 of the (4) In place of the information provided for in Article 285 (4) of the Commercial Code, the following information shall be provided under the following information: Comparison with the corresponding data from the previous financial year to make:
1.
Damage and accident insurance undertakings shall have the following information for the whole of the insurance business itself, which has been taken into account and the whole of the insurance business in each case:
a)
the gross premiums written;
b)
the gross premiums earned;
c)
the earned net contributions;
d)
gross expenditure on insurance cases;
e)
gross expenditure on insurance;
f)
the reinsurance balance, the balance being to be understood as meaning the balance of the reinsurer ' s contributions and the reinsurer ' s contributions to the technical expenditure referred to in points (d) and (e) above;
g)
the technical result for its own account;
h)
total gross technical provisions;
of which:
aa)
Gross margin for unprocessed insurance cases;
bb)
Fluctuation reserve and similar provisions;
i)
the number of insurance contracts for at least one year (only for the self-contained insurance business).
If the gross premiums booked for the insurance business in cover account for less than 10 per cent of the gross premiums written for the insurance business as a whole, the separation of the information between the insurance business and the insurance business may be divided between the gross premiums and the gross premiums written for the total insurance business. completed and the insurance business covered by the recover. The information referred to in the first sentence shall be broken down for the self-contained insurance business into the following classes of insurance, classes and types of insurance:
a)
Accident and health insurance as a whole; of which:
aa)
accident insurance;
bb)
health insurance;
b)
Liability insurance;
c)
Motor vehicle civil liability insurance;
d)
other road safety insurance;
e)
Fire and factual security, of which:
aa)
Fire insurance;
bb)
Related household insurance;
cc)
Related Building Insurance;
dd)
other facts;
f)
Transport and Aeronautical Insurance;
g)
credit and deposit insurance;
h)
legal protection insurance;
i)
Insurance for the benefit of civil liability;
j)
Other insurance.
The breakdown by category of insurance, insurance or insurance of the self-contained insurance business may be omitted, provided that the gross premiums written in the individual classes of insurance, Insurance branches or types of insurance shall not exceed EUR 10 million each, but in any case the information shall be provided for the three main categories of insurance, classes of insurance or insurance. The indication of the reinsurance balance referred to in the first sentence of sentence 1 (f) shall be made only as a whole for the safety of fire and property.
2.
Life insurance undertakings shall state:
a)
the gross premiums booked separately after the insurance business itself has been closed and the insurance business has been covered by cover. The disconnection of the information may be omitted, provided that the gross premiums booked for the insurance business taken into cover account for less than 10 per cent of the gross premiums written for the entire insurance business. The gross premiums written by the self-contained insurance business are broken down according to the following groups:
aa)
Gross premiums booked:
aaa)
Individual insurance;
bbb)
collective insurance;
bb)
Gross premiums written, broken down by:
aaa)
current contributions;
bbb)
One-off contributions;
cc)
gross premiums written, broken down by contributions in the framework of contracts
aaa)
without profit-sharing;
bbb)
with profit-sharing;
ccc)
in which the capital investment risk is borne by the policyholders.
The subdivisions of the gross premiums written in accordance with the above double letters aa to cc may be omitted, provided that the gross premiums written in each sub-group are 10 per cent of the gross premiums booked for the whole of the total gross premiums written for the total amount of the gross premiums written. do not exceed self-contained insurance business;
b)
the reinsurance balance referred to in point 1, first sentence, point (f), plus the change in the share of reinsurers in the gross cover-up;
c)
the direct copy of the surpluses generated in the financial year.
3.
Pension and death rates must be stated:
a)
the gross premiums written, broken down by the following groups:
aa)
Gross premiums booked:
aaa)
Individual insurance;
bbb)
collective insurance;
bb)
Gross premiums written, broken down by:
aaa)
current contributions;
bbb)
One-off contributions;
cc)
Gross premiums booked:
aaa)
pension insurance;
bbb)
the terms of the terms of the death penalty;
ccc)
supplementary insurance;
Point 2 (a), sentence 4 shall apply accordingly;
b)
the reinsurance balance referred to in point 2 (b);
c)
as far as pension funds are concerned, where a determination according to § 156a of the Insurance Supervision Act has been made by the supervisory authority, in addition: gross premiums booked, broken down by contributions under contracts
aa)
without profit-sharing;
bb)
with profit-sharing.
4.
Health insurance undertakings shall state:
a)
the gross premiums written by the self-contained insurance business as well as the contributions from the provision for income-dependent contribution restitution, broken down by the following groups:
aa)
Gross premiums booked:
aaa)
Individual insurance;
bbb)
group insurance;
bb)
Gross premiums written, broken down by:
aaa)
current contributions;
bbb)
One-off contributions;
cc)
Gross premiums booked:
aaa)
disease cost full insurance;
bbb)
Sickness benefit insurance;
ccc)
self-employed hospital monetary insurance;
ddd)
other self-employed partial insurance;
eee)
Personal care insurance;
fff)
Aid compensation schemes;
ggg)
Residual debt/payment/payment insurance;
hhh)
Foreign travel sickness insurance;
dd)
the contribution surcharge contained in (aa) to (cc) in accordance with Section 12 (4a) of the Insurance Supervision Act;
b)
the reinsurance balance referred to in point 2 (b);
c)
the total number of insured natural persons as well as the number of natural persons insured
aa)
disease cost full insurance;
bb)
Sickness benefit insurance;
cc)
self-employed hospital monetary insurance;
dd)
other self-employed partial insurance;
ee)
Personal care insurance;
ff)
Aid compensation schemes;
d)
the dismantling of the provision for repayment of contributions and the amount in accordance with Section 12a of the Insurance Supervision Act in accordance with the applied pattern 6.
Non-existent types of insurance in sentence 1 (a) and (c) do not have to be listed. Multiple counts relating to the types of insurance in the first sentence of 1 (c) are possible. In the case of the total number of insured natural persons, any person who is recorded in at least one of the types of insurance in the first sentence of 1 (c) (aa) to (ee) of the insurance policy shall be counted only once.
5.
The first insurance companies have to subdivide the gross premiums written by the self-contained insurance business according to their origin as follows:
a)
from home;
b)
from the other Member States of the European Community and of other States Parties to the Agreement on the European Economic Area;
c)
from third countries.
The information may be omitted, provided that the gross premiums written in each of the regions of origin constitute less than 5 per cent of the gross premiums written for the whole of the insurance business itself.
6.
Reinsurance undertakings shall indicate the gross premiums written in accordance with the damage and accident insurance business and the life insurance business.
(5) In place of the information provided for in Article 285 (8) (b) of the Commercial Code, information on the commissions and other references of the insurance agents to the insurance business itself, as well as personnel expenses, shall be provided in accordance with the (6) (omitted)

Footnote

(+ + + § 51: For the first application, see Section 64 (7) + + +)
(+ + + § 51 (4) (2) (2) (b). c: For use, see Section 64 (13) + + +) Unofficial table of contents

Section 52 Additional mandatory particulars

In addition to the items in the balance sheet and the profit and loss account, the following shall be stated in the Annex:
1.
by all insurance undertakings:
a)
on the balance sheet item "Land, equal rights and buildings, including buildings on foreign land", the balance sheet value of its own land and buildings used by the insurance undertaking in the course of its activity;
b)
the balance sheet item entitled "Genussrechtskapital", the amount of which shall be due before the end of two years;
c)
in addition to the information provided for in Section 284 (2) (1) and (2) of the Commercial Code, the methods of determining the individual technical provisions, with the exception of the provision for reimbursement of contributions, both as regards the Gross amounts, as well as the amounts of the insurance business covered by the cover, in each case separately for the self-concluded insurance business and the insurance business taken into account; substantial changes to the methods the previous financial year shall be explained;
2.
of life insurance companies as well as of pension funds and death breeds:
a)
the actuarial methods and calculation bases used to calculate the technical provisions, including the surplus shares included therein;
b)
the amount of interest accumulated in the subheading of the balance sheet "liabilities arising from the self-concluded insurance business to policyholders".

Footnote

(+ + + § 52: For the first application, see Section 64 (7) + + +) Unofficial table of contents

§ 53 Insurance undertakings operating in the self-concluded insurance business of several business branches

Life insurance undertakings which also operate the self-concluded accident insurance business shall also make the information required for the appendix separately also for the accident insurance business which has been concluded itself. Damage and accident insurance undertakings, which also operate the self-contained health insurance business in the manner of life assurance, shall also separately provide the information required for the appendix to the health insurance business to make it. Unofficial table of contents

§ 54 Time value of the capital investments

The time value shall be indicated in the appendix for capital investments shown at the acquisition value or at the nominal value. The time value is determined
1.
for land, equal rights and buildings, including buildings on foreign land, in accordance with § 55 and
2.
for the other capital investments pursuant to § 56.
In addition, the total sum of the acquisition costs of the capital investments to be included in the bonuses, the total sum of the fair value of the self-contained investments and the resulting balance shall be disclosed.

Footnote

(+ + + § 54: For the first application, see Section 64 (9) + + +) Unofficial table of contents

§ 55 Time value of the land, rights and buildings of the same land, including buildings on foreign land

(1) In the case of land, equal rights and buildings, including buildings on foreign land, the time value of the market value in force at the time of assessment and, where appropriate, in accordance with paragraphs 4 and 5, shall be reduced. (2) The market value shall be understood to mean the price at the time of the valuation by virtue of a contract of private law relating to land or buildings between a salesperson willing to sell and a buyer not linked to it by personal relations Under the conditions to be achieved, the property or building is open on the market (3) The market value is to be determined by means of an estimate, which shall mean that the market value shall not be in the way of an orderly sale and that a reasonable period of negotiation is available to the meaning of the object. shall be carried out at least every five years for each individual property or building in accordance with a generally accepted method. In this case, the depreciation of the planned depreciation pursuant to Section 253 (3) sentence 1 of the Commercial Code shall be disregarded. (4) If the market value of a property or building has been reduced since the last estimate referred to in paragraph 3, then a the corresponding value adjustment. The adjusted market value shall be maintained until the next market value determination to be made in accordance with paragraphs 2 and 3. (5) Land or buildings have been sold at the date of the balance sheet or are to be sold in the near future , the market value determined in accordance with paragraphs 2 and 4 shall be reduced by the amount of expenditure incurred or estimated. (6) If the market value of a real estate or building is not possible, the market value shall be determined by the (7) In addition, the costs of the method of assessment and the corresponding allocation of land and buildings after the year in which their evaluation was carried out. Unofficial table of contents

§ 56 Time value of other capital investments

(1) In the case of the other investments, the time value is subject to paragraph 5 of the free movement value. (2) In the case of investments listed on an approved stock exchange, the free-market value is the stock exchange rate at the closing date or, if the value of the capital investment is not (3) In the case of other capital investments not covered by paragraph 2, where a market is present, the free-market value of the other capital investments shall be deemed to be the free-market value of the The average value to which they are at the closing date or, if the closing date is is not a market day, traded on the last market day preceding that date. (4) If, at the date of the balance sheet performance, capital investments referred to in paragraph 2 or 3 have been sold or the intention is to move them in the near future. (5) Capital investments shall not exceed their expected realizable value, taking into account the principle of prudence. (6) In addition, the evaluation method applied in each case, as well as to indicate the reason for their application.

Section 6
Site Report

Unofficial table of contents

Section 57 Situation report

(1) In addition to the information required in Section 289 of the Commercial Code, the management report shall include the information required in this section. (2) The following information shall be provided by all insurance undertakings:
1.
an indication of the classes and types of insurance carried out in the insurance business itself and the insurance business which has been completed in the recover;
2.
Report on the course of business in the individual classes of insurance, classes and types of insurance business itself, and reports on the course of the business in each of the various operations Insurance branches of the insurance business acquired in revelation.
(3) The insurance associations on reciprocity must also explain in what way an increase in excess has been determined. (4) In addition, the life insurance companies as well as the pension funds and the death-deplorable persons are to break down the insurance portfolio in the self-concluded insurance business according to the existing samples 3 to 5, by
1.
Life insurance companies according to model 3,
2.
Pension funds in accordance with the model 4 and, if they have non-cash insurance, other capital insurance or supplementary insurance, also in accordance with model 5,
3.
Star breeds according to pattern 5.
(5) Life insurance undertakings which also operate the accident insurance business which is self-contained shall also have to make the information required for the management report separately for the accident insurance business itself. Damage and accident insurance undertakings, which also operate the self-contained health insurance business in the manner of life assurance, shall have the information required for the management report separately also for the To make health insurance business.

Section 7
Group Accounting

Unofficial table of contents

Section 58 Group balance sheet and consolidated profit and loss account

(1) Form 1 shall be used for the preparation of the consolidated balance sheet and form 4 for the preparation of the consolidated profit and loss account. This shall not apply to the extent that the footnotes to the forms require otherwise, or where the specific features of the group vary from form 4. Footnotes 2 and 3 (a) and (b) to form 2 and footnotes 2, 3 and 4 (a) to form 3 shall also apply. (2) Where a health insurance undertaking is included in the consolidated financial statements, Form 4 shall apply to the Group profit and loss account the heading to Part II and the item No II 13 and III 1 (b) as follows:
1.
Heading to Part II: "Insurance bill for the life and health insurance business";
2.
Item No II 13: "Insurance result for own account in the life and health insurance business";
3.
Item No III 1 (b): 'in the life and health insurance business'.
(3) In the consolidated income statement, the total income from the capital investments as well as the expenses for capital investments may be reported in the non-technical account. The balance of the proceeds from the capital investments and the expenses for investments in capital investments is, in so far as it derides from the life and health insurance companies included in the consolidated financial statements, in these cases the technical insurance Account for the life and health insurance business. The following changes are made for Form 4:
1.
To the position of Item No. II 3 "Income from investments" shall be entered in the technical account for the life and health insurance business of item no. II 3 "Allocated interest from the non-technical account".
2.
Item No II 10 "expenditure on investments" in the technical account for the life and health insurance business is deleted. The previous items II 11 to II 13 become item numbers II 10 to II 12.
(4) The consolidated balance sheet and the consolidated profit and loss account shall be taken into account in the rest, insofar as these do not result in any deviations due to their own nature,
1.
§ 3 and
2.
§ § 4 to 20, 22 to 34, 36 to 50
shall apply accordingly. Unofficial table of contents

Section 59 Group attachment

(1) In addition to the information required pursuant to section 341j (1) in conjunction with Sections 313 and 314 (1) (1), (2) and (2a) and (4) to (26) of the Commercial Code, the Group attachment shall include the information required in paragraphs 2 to 4. (2) , the information shall be given in accordance with model 1, but only for the items "Intangible assets" and "Property, equal rights and buildings, including buildings on foreign land" and the sub-items of the post "capital investments in affiliated undertakings and participations", provided that such information is not provided in the Consolidated balance sheet. (3) The gross premiums written are to be indicated, broken down by:
1.
self-contained insurance business;
2.
in revelation of overtaken insurance business.
The gross premiums written for the self-contained insurance business are also to be broken down according to the type of insurance business, namely:
1.
Life insurance business;
2.
health insurance business;
3.
Damage and Accident Insurance
as well as by origin in the groups:
a)
Inland;
b)
the rest of the Member States of the European Community and other States Parties to the Agreement on the European Economic Area;
c)
Third countries.
(4) The balance sheet value of the assets used by insurance undertakings in the context of their activities shall be included in the consolidated balance sheet of "Land Land, Same Rights and Buildings, including buildings on foreign land". to indicate land and buildings.

Footnote

(+ + + § 59 (1): For the first application, see Section 64 (7) + + +) Unofficial table of contents

Section 60 Group management report

In addition to the information required by Section 315 (1) and (2) of the Commercial Code, the Group management report shall include the following information:
1.
an indication of the classes of insurance carried out by the self-concluded insurance business and the insurance business covered by the cover;
2.
Report on the course of business in the self-concluded life, health and injury and accident insurance business, as well as in the insurance business which has been acquired in revelation.

Section 8
Exemptions and simplifications for certain insurance undertakings

Unofficial table of contents

Section 61 Liberation

(1) § 341k in conjunction with the provisions of the Third Subsection of the Second Section of the Third Book of the Commercial Code of the Examination, Section 341l in conjunction with the provisions of the Fourth Subsection of the Second Section of the The third book of the Commercial Code on disclosure as well as Articles 341i and 341j in conjunction with the provisions of the Second Subsection of the Second Section of the Third Book of the Commercial Code of the Consolidated Financial Statements are to be found in the the following insurance undertakings:
1.
Mutual insurance associations which do not cover liability insurance or credit and security insurance and whose statutes provide that surpluses may be reserved or insurance claims may be reduced if:
a)
in the case of injury, accident and health insurance, gross premiums from the insurance business in the twelve months preceding the closing date shall be at least half of the members ' insurance business and 1 No more than a million euro;
b)
in the case of life insurance contracts, the gross premiums booked in three consecutive financial years shall not exceed EUR 500 000; this amount shall be exceeded in three consecutive years, the provisions of the Commercial Code referred to above shall be applied for the fourth year;
2.
Insurance undertakings which exclusively provide tourist assistance when their activity is locally restricted and consists exclusively of natural benefits and the annual gross premiums do not amount to EUR 200,000. exceed;
3.
Injury and accident insurance associations, as well as health insurance associations, who have agreed with another insurance association that the insurance contract reinsures all insurance contracts or takes over the performance of the liabilities arising from the insurance contracts;
4.
Pension funds whose gross contributions in the preceding financial year did not exceed EUR 7.5 million or their balance sheet total on the closing date of the previous financial year 125 million euros.
(2) (dropped) Unofficial table of contents

Section 62 Simplifications

(1) The insurance undertakings referred to in Article 61 (1) may, by way of derogation from § 2
1.
in form 1, summarize the items marked with Arabic figures, in so far as they do not relate to the insurance business covered by the cover; amounts which are intended to provide an image corresponding to the actual situation; are essential in the sense of Article 264 (2) of the Commercial Code, but must be stated separately in the balance sheet or in the notes;
2.
in each of the forms 2 to 4, summarize the items of expenditure and earnings referred to in points, in so far as they do not relate to the insurance business covered by the cover; amounts which are intended to be used for the purpose of communicating one of the actual items of insurance However, in the profit and loss account or in the notes in the Annex, the corresponding picture is essential in the meaning of Article 264 (2) of the Commercial Code.
You need
1.
§ 43 (1) only with the proviso that the functional areas of points 1 to 3 are included in the functional area "Management of insurance contracts";
2.
apply only § 57 (2) to the management report, in addition to § 289 of the Commercial Code;
3.
§ § 52 to 56 shall not apply.
(2) Pensions and deaths in the legal form of an insurance association on a reciprocal basis, with the exception of pension funds, in respect of which a determination has been made by the supervisory authority in accordance with Section 156a of the Insurance Supervision Act by way of derogation from Article 341f of the Commercial Code and Article 25 of this Regulation, with the consent of the Insurance Supervisory Authority, the actuarial calculation of the cover provision shall be exempted from the calculation of the cover for each closing date. In such cases, however, the calculation shall be carried out at regular intervals which may not exceed five years.

Section 9
Irregularities

Unofficial table of contents

§ 63 Administrative Offences

Contrary to Section 341n (1) No. 6 of the Commercial Code, who acts as a member of the representative body or of the supervisory board of an insurance undertaking or as the principal agent of a branch in the Scope of this Regulation by insurance undertakings established outside the scope of this Regulation
1.
in drawing up or establishing the annual accounts
a)
does not apply the prescribed form, contrary to the first sentence of paragraph 2,
b)
Contrary to § 4, § 5 (1) or (2), § 54 in conjunction with Section 55 (1) to (6) or § 56 (1) to (5), § 55 (7) or § 56 (6), an indication is not made, not correct, or not in the prescribed manner,
c)
a provision in Sections 6 to 50 on the information to be included in individual items in the balance sheet or in the profit and loss account,
d)
a provision of sections 51 to 53 of which additional explanations, additional mandatory particulars or information in the Annex are contrary to the provisions of the Annex,
2.
in the case of the establishment of the management report of a provision of section 57 of this Directive, to be contrary to the provisions of Section
3.
in the preparation of the consolidated financial statements
a)
it does not apply the prescribed form, contrary to the first sentence of Article 58 (1),
b)
a provision in section 58 (4) (2) concerning the information to be included in individual items of the consolidated balance sheet or the consolidated profit and loss account, or
c)
Contrary to Article 59 (2) to (4), an indication is not or is not correct or
4.
Contrary to § 60, an indication is not included in the group management report.

Section 10
Final provisions

Unofficial table of contents

Section 64 Transitional provisions

(1) § 61 (1) (4) and Section I (1) and II (3) (1) sentence 2 of the annex to § 29 in the version in force of 1 January 2002 are for the first time on the annual accounts and consolidated financial statements for the period after 31 December 2001 the beginning of the financial year. The quotas determined in accordance with Section II (3) (1) sentence 2 of the annex to § 29 shall be allowed to continue to be written in the light of the threshold value in force until 31 December 2001. (2) § 6 (1), § § 47, 48 and 55 (3) and the Formsheets 2 to 4 as well as the model 1 in the version of the Accounting Law Modernisation Act of 25 May 2009 (BGBl. 1102) as well as the Form 1 with the amendments made by the Accounting Law Modernisation Act and Article 4 (2) of the Regulation amending Accounting Regulations of 9 June 2011 (BGBl. 1041) shall be applied for the first time to annual financial statements for financial years beginning after 31 December 2009, in the case of Article 66 (3), sentence 6 of the Introductory Act to the Commercial Code after 31 December 2008. The form sheets 1 to 4 as well as the model 1 in the version valid until 28 May 2009 shall be applied last year to annual and consolidated financial statements for the financial year commencing before 1 January 2010. To the extent that this Regulation refers to the provisions of the Commercial Code as amended by the Accounting Law Modernisation Act, the provisions of Articles 66 and 67 of the Introductory Act to the Commercial Code shall apply. Transitional arrangements accordingly. Article 66 (3) sentence 6 of the Introductory Act to the Commercial Code applies accordingly. (3) § 28 (6) to (8) shall be applied for the first time on annual and consolidated financial statements for financial years ending after 23 December 2009. The forms 1 to 4, as amended by the Regulation amending the Insurance Company Accounting Regulation, as well as amending other accounting regulations of 18 December 2009 (BGBl. (4) § 51 (4) (2) (c), as amended by Article 7 (2) of the German Micro-Capitals-Balance Sheet Law of 20 December 2012 (BGBl). I p. 2751) shall be applied for the first time to annual financial statements for financial years beginning after 31 December 2012. (5) § 7, Form 1 as well as the model 1 in the version of the AIFM Implementation Act of 4 July 2013 (BGBl. I p. 1981) are to be applied for the first time on annual and consolidated financial statements for financial years beginning after 21 July 2013. (6) (In force on 1.1.2016) (7) § § 51, 52 and § 59, paragraph 1, as amended by the Accounting Directive of 17 July 2015 (BGBl. I p. 1245) shall be applied for the first time on annual and consolidated financial statements for financial years beginning after 31 December 2015. Unofficial table of contents

Section 65 Entry into force, external force

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex (to § 29)
Rules on the formation of fluctuation provisions

Source of the original text: BGBl. I 1994, 3396-3398;
with regard to of the individual amendments. Footnote I
Education, height, supply, deprivation, resolution
1.
In each of the insurance branches of the self-concluded and covered damage and accident insurance business (excluding the life and health insurance business acquired in revelation), a provision is made to compensate for the damage caused by the insurance business. to form fluctuations in the course of the damage in future years (fluctuation reserve) in accordance with the provisions of this Annex, if the contributions earned exceed EUR 125,000 on average over the last three financial years, including the balance sheet year, the standard deviation of the damage rates of the Observation period of the average damage ratio is at least 5 per cent and the sum of the damage and cost ratio at least once in the observation period 100 of the hundred of the earned contributions of a financial year has passed.
2.
(1) The nominal amount of the fluctuation reserve shall be four-and-a-half times, in the hail, credit and deposit and loss-of-confidence insurance, the six times the standard deviation of the damage rates of the observation period from the average damage ratio multiplied by the earned contributions of the accounting year. (2) The average loss rate is less than the marginal damage rate, the three-fold difference between the limit rate and the average rate of damage is the average. Claims ratio multiplied by the earned contributions of the accounting year from the to withdraw the amount determined in accordance with paragraph 1. Sentence 1 shall not apply to hail insurance.
3.
In each accounting year, the fluctuation reserve shall be supplied, irrespective of the occurrence of an excess or lower damage, to 3.5 from the hundred of their respective target amount until it is reached or reached again.
4.
In the case of underdamage in a financial year, the amount to be calculated in accordance with the second sentence of section II no. 7 shall be added to the fluctuation reserve until its nominal amount is reached or reached again.
5.
Where a surplus has occurred during a financial year, the amount of the fluctuation reserve to be calculated in accordance with the second sentence of Section II (8) shall be deducted. If the average loss rate falls below the limit rate, the amount to be paid shall be reduced by 60 per cent of the difference between the limit rate and the average rate multiplied by the contributions earned in the accounting year. Failure rate.
6.
If, after the withdrawal of a suture in accordance with point 5, the fluctuation reserve exceeds the desired amount, it shall be resolved by the amount exceeding the desired amount.
7.
(1) If the conditions for the formation of a fluctuation reserve as set out in point 1 are no longer satisfied, the fluctuation reserve shall be dissoled. The resolution may be distributed evenly over the accounting year and the following four financial years. (2) The resolution referred to in paragraph 1 shall not be disbanded if the insurance undertaking has included the financial statements of the accounting year in the period of observation shall be obliged to again form a fluctuation reserve in accordance with point 1 in the following financial year. The fluctuation reserve shall then be continued at the level in which it would be required, taking into account the annual financial statements of the financial year, in the following financial year, in accordance with the provisions of points 2 to 6. The corresponding values of the accounting year shall be used as a earned contribution, damage and cost ratio of the following financial year.
Section II
Definitions
1.
(1) An insurance branch according to the provisions of this Annex is provided if, in accordance with § 4 (1) sentence 1 No. 1, § 5 (1), § 6 sentence 1 No. 3 of the Insurance Reporting Regulation, a separate (2) In any case, the insurance sector shall be considered to be the insurance sector within the meaning of the provisions of this Annex, without prejudice to any further breakdown
1.
the fire industry insurance, including fire service interruption insurance,
2.
the Agricultural Fire Insurance,
3.
the security deposit insurance,
4.
the Delkredereversicherung,
5.
trust-based insurance,
However, the security deposit and delcretion insurance only applies to the extent to which the policyholder carries on a commercial, mining or freelance activity (insurance branch 20 of Appendix 1, Section C of the Insurance Reporting Regulation). (3) Where, for other classes of insurance, types and subtypes of insurance within the meaning of the Insurance Reporting Regulation, separate technical profit and loss accounts are voluntarily set up for the purposes of the fluctuation reserve, such shall also be considered as insurance branches within the meaning of Provisions of this Annex. (4) As an insurance sector within the meaning of the provisions of this Annex, the following shall not apply:
1.
the self-completed and the revelation taken over
a)
Total fire insurance,
b)
Total credit and security insurance,
c)
other non-life insurance, including those covered by a separate technical profit and loss account in accordance with § 4 (2) sentence 2 of the Insurance Reporting Regulation,
d)
Other expertise,
2.
the self-contained motor insurance,
3.
the total self-contained insurance,
4.
the overall insurance cover taken into account.
2.
The standard deviation of the damage rates of the observation period in accordance with the provisions of this Appendix is the square root of the sum value of the squared deviations in the observation period, which is the result of the 1 reduced number of the observed differences. Financial years of the observation period. Deviation is the difference between the damage ratio of a financial year of the observation period and the average damage rate of the observation period.
3.
(1) The period of observation within the meaning of the provisions of this Annex shall be the fifteen financial years preceding the accounting year, in each case the fifteen, in the case of hail, credit and deposit insurance, as well as the loss of confidence insurance. Business years with earned contributions of 125,000 euros and less are not considered. For these financial years, the first sentence of Section III (1) (1) and (2) must be followed. In addition, in the case of credit and deposit insurance as well as the loss of confidence, business years which started before 1 January 1966 remain unaccounted for during the observation period. In the case of Section I No. 7 (2), the accounting year counts for the period of fifteen or thirty years. (2) An insurance undertaking does not yet have an insurance branch during the entire observation period in the sense of the Paragraph 1, but at least ten financial years before the balance sheet year, all financial years shall be considered as the observation period.
4.
(1) The injury rate for a business or financial year within the meaning of the provisions of this Appendix is the ratio of the expenses for the insurance cases, including claims for claims, the expenses for the performants-dependent, as far as required by law, and the non-performanted contribution refund, the expenses for repurchases and repayments and the changes in the contribution margin, minus the technical interest rate, each for its own invoice, to the earned contributions of the business or The average damage ratio is the arithmetic average of the damage rates of the observation period.
5.
For the purposes of the provisions of this Annex, the limit charge rate shall be calculated for the self-concluded business from the difference between 95 of the hundred for the self-concluded legal protection business of 98 of the hundred and for that in recooler inherited business 99 of the hundred and the average cost ratio.
6.
(1) The cost ratio within the meaning of the provisions of this Appendix is the ratio of the expenses for the insurance business plus the fire protection tax, as well as other expenses incurred in its intended use for the prevention of damage, and (2) The average cost ratio is the arithmetic average of the cost ratios of the accounting year and the previous two years of business.
7.
A sub-damage occurs if the damage ratio of the accounting year is less than the average damage ratio. The amount of the damage results from the difference between these two quotas multiplied by the earned contributions of the accounting year.
8.
A surplus is available if the claims ratio of the accounting year exceeds the average damage ratio. The amount of the surplus shall be determined by the difference between these two quotas multiplied by the contributions earned in the accounting year.
9.
(1) The contributions of a business or financial year in accordance with the provisions of this Appendix are the respective booked contributions (including the ancessional benefits of the policyholders and the insurance business acquired in the recover). (2) In the case of mutual insurance associations, in which the collection of surpluses is based on the changes in the contribution surpluses. (2) business plan shall not be excluded, shall be deemed to be earned of the balance sheet year, the contributions made in advance in the balance-sheet year, plus 10% of the total of the following financial years in the ten financial years preceding the accounting year multiplied by the contributions of the (3) The after-school quota for a financial year is the ratio of the amount collected in the financial year to the contributions of the financial year collected in advance.
Section III
Re-admission and breakdown of insurance branches
1.
(1) In an insurance sector within the meaning of the provisions of this Annex, for which, for the first time under the provisions of the Insurance Reporting Regulation or Section II (2) (2), a separate insurance technical benefit and If the loss account is to be determined not to determine the damage rates required for an observation period of at least ten years from its own business records in whole or in part, the following shall be the case for the missing financial years: Claims quotas from the annual reports of the Bundesanstalt für Financial services supervisor (BaFin) and/or the former Federal Insurance Supervisory Authority (Bundessupervisory Office for Insurance). If such quotas are not available, appropriate other statistical sources shall be used with the consent of the BaFin. As soon as a period of observation of at least 10 years is available, the procedure referred to in Section II (2) shall apply. (2) Where paragraph 1 is applied, the cost ratios of previous financial years to be calculated for the calculation of the average cost ratio shall be: not to determine their own business records, the average cost ratio shall be the cost ratio of the respective accounting year. As soon as at least three financial years, including the accounting year, are available, the procedure under Section II (6) (2) shall be applied.
2.
(1) For classes, types and subtypes of insurance referred to in Section II (1) (3), a separate equalization reserve may be formed only if the provisions of this Appendix to the formation of the fluctuation reserve are required. Calculations can be made for a minimum period of ten years from the existing business records. The fluctuation reserve of the insurance branch, which includes the type of insurance and the subspecies referred to in the first sentence, is the ratio of the nominal amounts of the excluded type of insurance to those of the rest of the insurance sector. (2) For the purposes of the application of paragraph 1, the breakdown of the classes of insurance shall be maintained for the purpose of the fluctuation reserve. A further breakdown of the new classes of insurance is permitted.
Section IV
Transitional arrangements
Section III (1) (1) and (2) shall also apply, by way of derogation from point 2 (1), to an insurance sector within the meaning of the Insurance Reporting Regulation of 29 March 2006 (BGBl. 622), for which separate technical profit and loss accounts are voluntarily drawn up for the purposes of the fluctuation reserve referred to in Section II (1) (3) sentence 1. Unofficial table of contents

Form 1

(Content: non-representable form)

(Fundstelle: BGBl. I 1994, p. 3399-3401;
with regard to of the individual amendments. Footnote)
Unofficial table of contents

Form 2

(Content: non-representable form)

(Fundstelle: BGBl. 3402-3404;
with regard to of the individual amendments. Footnote)
Unofficial table of contents

Form 3

(Content: non-representable form)

(Fundstelle: BGBl. 3405-3407;
with regard to of the individual amendments. Footnote)
Unofficial table of contents

Form 4

(Content: non-representable form)

(Fundstelle: BGBl. 3408-3411;
with regard to of the individual amendments. Footnote)
Unofficial table of contents

Sample 1

(Content: non-representable pattern)

(Fundstelle: BGBl. I 1994, p. 3412;
as regards the individual amendments, see Footnote)

Unofficial table of contents

Sample 2

(Fundstelle: BGBl. I 1994, p. 3413;
with regard to of the individual amendments. Footnote)

(Content: non-representable pattern) Unofficial table of contents

Sample 3

(Fundstelle: BGBl. I 1994, p. 3414-3416;
with regard to of the individual amendments. Footnote)

(Content: non-representable pattern) Unofficial table of contents

Sample 4

(Fundstelle: BGBl. I 1994, p. 3417;
with regard to of the individual amendments. Footnote)

(Content: non-representable pattern) Unofficial table of contents

Sample 5 Movement of the stock of death money insurance, further capital insurance and additional insurance in the fiscal year ...

(Fundstelle: BGBl. I 1994, p. 3418;
with regard to of the individual amendments. Footnote)

(Content: non-representable pattern) Unofficial table of contents

Sample 6

(Fundstelle: BGBl. I 2001, p. 3421)

(Content: non-representable pattern)