Report On Insurance And Reinsurance Undertaking The Solvency And Financial Position Of Preparing The Legislative Provisions

Original Language Title: Ziņojuma par apdrošināšanas un pārapdrošināšanas sabiedrības maksātspēju un finansiālo stāvokli sagatavošanas normatīvie noteikumi

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Read the untranslated law here: https://www.vestnesis.lv/op/2015/158.2


Financial and capital market Commission, the provisions of regulations no 128 in Riga august 12, 2015 (financial and capital market Commission Council meeting Protocol No 28 2. p.)
Report on insurance and reinsurance undertaking the solvency and financial position of preparing the legislative provisions Issued pursuant to the financial and capital market Commission of the law article 7 paragraph 1, first subparagraph, and article 17, paragraph 2 (I). General questions 1. "report on the insurance and reinsurance undertaking the solvency and financial position of preparing regulations" (hereinafter-the rules) are binding on insurance and reinsurance company (hereinafter-company) in preparing the report on the solvency of the company and the financial situation of the individual and group level, as well as providing the public with such information. Preparing a report on the company's solvency and financial position (hereinafter the report), in addition to the rules that the company respects the delegated regulation of the European Commission (EU) 2015/35, complementary to the European Parliament and Council directive 2009/138/EC relating to the taking-up and pursuit of the business of insurance and reinsurance (Solvency II) (hereinafter regulation 2015/35) of section I of chapter XII. 2. participation in insurance or reinsurance company, insurance holding company or a mixed financial holding company, the application of the provisions of the group level, also comply with title II of regulation by 2015/35 requirements of chapter V of the report on the solvency of the Group and the financial position or the single report on solvency and financial condition. 3. the information contained in the message shall conform to the following principles: 3.1 it reflects the company's mode of operation, size and complexity, and particularly the risks specific to the public; 3.2. it shall be publicly available, complete in all material aspects, as well as comparable and consistent in the long term; 3.3. it is appropriate, reliable and comprehensive. 4. the company will approve disclosure under the policy requirements and establishes the procedure for the conformity of the information disclosed in the report of the evaluation, such as determined by the examination of the information disclosed and the regularity of the procedure URu.tml. Having regard to the essential features of action (for example, transaction amount, transaction in different countries), the company assesses whether there is a need to publicise the message for more information than is provided in part II of the rules, and do it more frequently than once a year.
5. the company shall, at least once a year, but no later than 14 weeks after the end of the reporting year a public report, drawn up in accordance with the requirements of the rules for State review the year end date. A report on the Group's solvency and financial condition or a single report on the solvency and financial position of the insurance or reinsurance undertaking of the participating insurance holding company or a mixed financial holding company's public at least once a year in 2015/362 of regulation 35.369. article or the time limits laid down. 6. the publication of the Report of the society shall be determined in accordance with regulation 35 of the 2015/mentioned in article 301. 7. Approve the company's Management Board, and the public only after receiving confirmation. 8. All the information included in the report, as far as possible, the public one in the media and in the workplace. Equivalent to the information that is made public in accordance with the financial and capital market Commission (hereinafter the Commission) on 13 January 2006 the Regulation No 21 "insurance company, insurer of the Member not affiliate, reinsurance and the reinsurers Affiliate Member annual report and the consolidated annual report of the legislative provisions", regulated market or other requirements may be considered to be made in accordance with the requirements of this regulation and is not made public. In this case, the firm provides a clear indication of the location where the available information referred to in this paragraph.
II. the content of the information to be disclosed 9. Society, taking into account annex to Regulation XX in 2015/35 the specified message structure, message to the public the following information: 9.1 description of the operation and the results according to 2015/35 referred to in article 293. The application of the provisions of the group level, in addition to provide information about the legal group and organisational structure and management system, t.sk. representative of all subsidiaries, affiliates and branches within the Group; 9.2. Description of the system of Government and an assessment of its compliance with the company's risk profile in accordance with regulation 35 of the 2015/mentioned in article 294; 9.3. separately for each category of risk-exposure, significant concentrations of risk, hedging techniques, stress test and sensitivity analysis of risk description in accordance with regulation 35 of the 2015/referred to in article 295; 9.4. separately on the balance sheet, the assets and the rest of the technical provisions for liabilities – the solvency requirements in the evaluation of the methods used and assumptions, as well as the description for an explanation of any major differences in their evaluation of the financial statements in the methods used and assumptions according to 2015/35 referred to in Article 296; 9.5. capital management the description in accordance with regulation 35 of the 2015/297, referred to in article revealing the following information at least: 9.5.1. own capital structure, amount and quality of the item. In addition to providing analysis of major changes, compared with the previous report of the information disclosed and explains any substantial differences in the value of the element compared with the list of reported financial statements, solvency 9.5.2. capital requirements and the minimum amount of capital requirements at the end of the reporting period. Separately the amount of the solvency capital requirement, calculated using a standard formula, or full or partial internal model, as well as the amount of additional capital requirements in accordance with the Commission's assessment of the specific parameter or the impact that the public must be used in accordance with the decision of the Commission in situations where significant deviations from the established standard formulas underlying assumptions. The company provides a brief description of the reasons for the Commission's decision, if solvency 9.5.3. capital requirements for calculating the full or partial internal model, then describe the main differences between the standard formula and the internal model used, assumptions, 9.5.4. any non-compliance with the minimum capital requirement, or any significant non-compliance with the solvency capital requirement of about the period for which the report is made public, explaining its reasons and consequences, as well as non-compliance taken prevention measures. Information is also provided, if such discrepancies at the date of issue of the report has already been resolved. 10. Any significant events that affect the rules of 9, 14 and 15 if referred to the relevance of the information disclosed, joining the company immediately in case of public information on these developments and their impact on society. 11. Significant event, considering 2015/35 of the regulation referred to in article 291, the criteria, at least consider the following situation: 11.1 the minimum is found to fulfil the capital requirements and the company has not submitted a plan to the Commission, the minimum capital requirements to ensure compliance within one month from the date of failure were found; 11.2. the solvency capital requirement and the public execution is not submitted to the Commission of the recovery plan for solvency capital requirements to ensure compliance within two months of the date on which the failure was found. 12. the situation referred to in paragraph 11.1. the company shall immediately disclose information on the levels, as well as explains the causes and effects of the t.sk. indicate any measures taken by the company to improve the situation. If, despite the plan, non-compliance with the minimum capital requirement shall not prevent the three months after its detection, the following information is discovered after the end of that period, explaining the emergence of causes and effects, t.sk. the payments, as well as indicate the measures planned to improve the situation. 13. the situation referred to in paragraph 11.2. the company shall immediately disclose information on the levels, as well as explains the causes and effects of the t.sk. indicate any measures taken by the company to improve the situation. If, in spite of the recovery plan, non-compliance with the solvency capital requirement is not resolved within six months of its detection, it is discovered after the end of that period, explaining the emergence of causes and effects, t.sk. the payments, as well as indicate the measures planned to improve the situation.
III. Exemptions from disclosure

14. Company authorisation by the Commission may not disclose the information in the report is: 14.1 protected. Information is considered protected, if by revealing such information, the company's competitors are gaining significant benefits and weakens the competitiveness of the company; 14.2. confidential. Information shall be considered confidential if there is a public commitment to policyholders and business partners who are under obligations of confidentiality. 15. Rule 14. in the cases referred to in point a company report found the fact that the Commission has authorized the information not be made public, and explain the reason.
16. To rule 9.5. information referred to in paragraph 1 shall not apply to the provisions referred to in point 14 exemptions from disclosure.
IV. Closing questions 17. Society for the first time information is prepared and a public report in accordance with the requirements of the rules for the State of 31 December 2016. 18. During the transition period (from 1 January 2016 to 2020 January 1) the company shall, by way of derogation from the provisions in paragraph 5 of that report the disclosure date, subject to the following terms: 18.1. report on the State of the 2016 December 31 public no later than 20 weeks after the end of the reporting year; 18.2. the report on the State of the 2017 31 December the public no later than 18 weeks after the end of the reporting year; 18.3. the report on the State of the 2018 31 December the public no later than 16 weeks after the end of the reporting year; 18.4. the report on the State of the 2019 on 31 December the public no later than 14 weeks after the end of the reporting year.
Informative reference to European Union directives, the regulations include provisions resulting from: 1) European Parliament and Council directive 2009/138/EC relating to the taking-up and pursuit of the business of insurance and reinsurance (Solvency II); 2) directive of the European Parliament and of the Council of the EU of 2014/51/amending Directive 2003/71/EC and directive 2009/138/EC and Regulation (EC) No 1060/2009, (EU) no 1094/2010 and (EU) No 1095/2010 of the European supervisory authority (European insurance and occupational pensions authority) and the European supervisory authority (European Securities and markets authority) powers. Financial and capital market Commission President k. Zakuli States