Insurance Company - Reporting

1.1

Unless otherwise stated, this Part applies to:

1. (1) all non-directive insurers, other than non-directive friendly societies; and
2. (2) subject to 1.2, a Swiss general insurer.

1.2

This Part only applies to a Swiss general insurer in respect of the activities of the firm carried on from a branch in the UK.

1.3

In this Part, the following definitions shall apply:

accident year basis

means business not accounted for on an underwriting year basis.

actuarial function

means the function of acting in the capacity of an actuary appointed by a firm under Actuarial Requirements 2.1(1) to perform the duties set out in Actuarial Requirements 5.

available assets

means the excess of a firm’s assets over its liabilities in each case valued in accordance with the Insurance Company – Overall Resources and Valuation Part and any specific valuation rule.

balancing category

means a PRA general insurance business reporting category to which any of the category numbers 409 or 709 has been allocated in column 1 of the table at 12.1.

category of business

means the category numbers as set out in column 2 of the table at 12.3.

category number

means the category number for the PRA general insurance business reporting category listed in column 1 of the table at 12.1.

Chief Executive Function

means the function set out in Large Non-Solvency II Firms – Senior Insurance Management Functions 3.1.

claim

means a claim against an insurer under a contract of insurance.

close links

means as defined in section 4F(3) of Schedule 6 to FSMA.

combined category

means a PRA general insurance business reporting category to which any of the category numbers 001, 002, 003, 110, 120, 180, 220, 260, 270, 280, 330, 350, 500 or 600 have been allocated in column 1 of the table at 12.1.

direct and facultative

means insurance business except reinsurance business that is not inwards facultative reinsurance business.

discounting

means discounting or deductions to take account of investment income within the meaning of paragraph 54 of the insurance accounts rules.

exemption category

means a PRA general insurance business reporting category to which the category numbers 114(p) or 710(p) have been allocated in column 1 of the table at 12.1.

financing arrangement

means any contract (other than a contract of insurance), agreement, correspondence (including side-letters) or understandings that amend or modify or purport to amend or modify any contract or its operation that has been entered into by the insurer, in respect of contracts of insurance written by the insurer, which when considered together with one or more other contracts or arrangements has the effect of increasing the capital resources of the insurer and which includes:

1. (1) the transfer of assets to the insurer, the creation of a debt to the insurer or the transfer from the insurer to another party of liabilities to policyholders (or any combination of these); and
2. (2) either an obligation for the insurer to return (with or without interest) some or all of such assets, a provision for the diminution of such debt or a provision for the recapture of such liabilities, in each case, in specified circumstances.

gross undiscounted provisions

means gross undiscounted reported claims outstanding plus gross undiscounted incurred but not reported claims plus gross provision for unearned premiums plus provision for unexpired risks.

Head of Third Country Branch function

means the function set out in Large Non-Solvency II Firms – Senior Management Functions 6.2.

home foreign business

means general insurance business carried on in the UK primarily relating to risks situated outside the UK, but excluding insurance business in category numbers 330, 340, 350, 500, 600 and 700 and the insurance business where the risk commences in the UK.

life protection reinsurance business

means reinsurance acceptance which are contracts of insurance:

1. (1) falling within long-term insurance business class 1; or
2. (2) falling within long-term insurance business class III and providing index-linked benefits;
3. that are not:
4. (3) a with-profits policy; or
5. (4) whole life assurances; or
6. (5) contracts to pay annuities on human life; or
7. (6) contracts which pay a sum of money on the survival of the life assured to a specific date or on his earlier death.

linked assets

means assets held to cover linked long-term liabilities under Insurance Company – Risk Management 4.2.

major cedants

means, in relation to a firm, another insurance undertaking from which (whether alone or with any insurance undertaking which is connected with the other insurance undertaking) the firm has accepted general insurance business under one or more reinsurance treaties for which the gross premiums receivable exceed the greater of:

1. (1) 5% of the gross premiums receivable by the firm in respect of general insurance business accepted under reinsurance treaties; and
2. (2) 2% of the gross premiums receivable by the firm in respect of general insurance business,

in the financial year in question or in any of the three preceding financial years of the firm.

major facultative reinsurance contract

means a contract under which general insurance business has been ceded by the firm on a facultative basis:

1. (1) under which the total amount of premiums payable to any reinsurer (being a major facultative reinsurer) is equal to not less than 0.5% of gross premiums receivable by the firm in respect of general insurance business; or
2. (2) in relation to which, in respect of any reinsurer (being a major facultative reinsurer) the aggregate of amounts in 4.22(1)(d) and (f) exceeds the sum of £4,000 and 1% of the firm’s liabilities arising from its general insurance business, net of reinsurance ceded.

major treaty reinsurer

means an insurance undertaking to which (whether alone or with any insurance undertaking which has close links with the other insurance undertaking):

1. (1) the firm has ceded general insurance business under one or more reinsurance treaties:
1. (a) in the case of proportional reinsurance, for which the total amount of the reinsurance premiums payable is equal to not less than 2% of the gross premiums receivable by the firm in respect of the general insurance business; or
2. (b) in the case of non-proportional reinsurance, for which the total amount of the reinsurance premiums payable is equal to not less than 5% of the total premiums payable by the firm in respect of all such non-proportional reinsurance,
2. in the financial year in question or in any of the five preceding financial years of the firm; or
3. (2) the aggregate of the amounts referred to in 4.21(1)(d) and (f) exceeds the sum of £20,000 and 5% of the firm’s liabilities arising from its general insurance business, net of reinsurance ceded.

marine mutual

means an insurer:

1. (1) whose insurance business is restricted to the insurance of its members or their associates against loss, damage, or liability arising out of marine adventures (including losses on inland waters or any risk incidental to any sea voyage); and
2. (2) whose articles of association, rules or bye laws provide for the calling of additional contributions from, or the reduction of benefits to, the majority of its members, in either case without limit, in order to ensure that the insurer has sufficient financial resources to meet any valid claims as they fall due.

miscellaneous category

means a PRA general insurance business reporting category to which category numbers 400 or 700 have been allocated in column 1 of the table in 12.1.

mixed insurer

means an insurer (other than a pure reinsurer) which carries on reinsurance business and where one or more of the following conditions is met in respect of its reinsurance acceptances:

1. (1) the premiums collected in respect of those acceptances during the previous financial year exceed 10% of its total premiums collected during that year; and
2. (2) the technical provisions in respect of those acceptances at the end of the previous financial year exceeded 10% of its total technical provisions at the end of that year.

overseas business

means ‘overseas life assurance business’ as defined in s61 of the Finance Act 2012.

permitted derivatives contract

means a contract involving a derivative or quasi-derivative that satisfied Insurance Company – Risk Management 6 – 8 (excluding 7.7), as applied in relation to linked assets.

PRA general insurance business reporting category

means a category of general insurance business that consists of the effecting or carrying out of contracts of general insurance falling within the description in column 2 of the table of reporting categories at 12.1.

receivable

means in relation to an insurer, a financial year and a premium, due to the insurer whether or not the premium is received during that financial year.

relevant company

means an insurer whose insurance business is restricted to reinsurance of the marine mutual on terms that provide the marine mutual can cancel the reinsurance arrangements at any time and can require the insurer immediately to transfer its assets and liabilities to the marine mutual.

reporting criteria

means the reporting criteria specified for that Form in column 3 in the table at 12.3.

reporting territory

means one of:

1. (1) ‘United Kingdom’ if the business is carried on in the UK and is not home foreign business;
2. (2) ‘Home Foreign’ if the business is home foreign business; or
3. (3) ‘Non-United Kingdom’ if the business is carried on outside the UK.

required category

means, in relation to a Form, a category number set out in column 2 of the table at 12.3 that:

1. (1) is, or is included in, a PRA general insurance business reporting category for which the table in 6.16 contains a tick in the row for that PRA general insurance business reporting category and in the column for that Form; and
2. (2) either:
1. (a) meets the reporting criteria specified in the entry in column 3 of the table at 12.3 that corresponds to the entry in column 2 for that the category of general insurance business and the entry in column 1 for that Form, or
2. (b) is required for that Form under 4.15 or 4.16.

return

means the documents required (taken together) to be deposited under 2.4.

risk category

means any PRA general insurance business reporting category that is not a combined category, or balancing category or exemption category.

Small Insurer Senior Management Function

means the function set out in Non-Solvency II Firms – Senior Management Functions 3.1.

specific valuation rule

means rules in the Non-Solvency II Firms Sector of the PRA Rulebook that provides in particular circumstances for a particular method of recognition or valuation.

UK life business

means long-term insurance business which is not overseas business or UK pension business.

UK pension business

means long-term insurance business which is ‘pension business’ as defined by the Finance Act 2012.

underwriting year basis

means as defined in 4.7.

whole life assurance

means a contract of insurance which, disregarding any benefit payable on surrender, secures a capital sum only on death or either on death or on disability, but does not include a term assurance.

with-profits actuary function

means the function of acting in the capacity of an actuary appointed by a firm under Actuarial Requirements 2.1(2) to perform the duties set out in Actuarial Requirements 6.

1.4

In this Part, any reference to a numbered class of insurance business are references to the class so numbered in Schedule 1 of the Regulated Activities Order.

2.1

A firm must, with respect to each financial year, prepare all relevant Forms, statements and documents as set out in this Part which must include, subject to 2.2 and Chapter 11, a revenue account for the year, a balance sheet as at the end of the year and a profit and loss account for the year.

2.2

An insurer not trading for profit must, with respect to each financial year, prepare an income and expenditure account for the year.

2.3

A firm’s financial year must be a 12 month period.

2.4

A firm must deposit with the PRA, in accordance with the rules in Chapter 9, one copy of every Form and document that they are required to complete under these rules.

2.5

Every firm must ensure that all Forms and statements to be deposited with the PRA are audited in accordance with the provisions of Chapter 7 by a person qualified in accordance with the Auditors Part of the PRA Rulebook, with the exception of the following documents and Forms:

1. (1) any directors certificates;
2. (2) Form 46;
3. (3) Form 50; and
4. (4) any statements required under 4.24 and 4.25.

2.6

A firm must provide to any person who so requests (or the person who has already been provided with a copy under (1) below):

1. (1) within 30 days of the date of request, a copy of any of the documents last deposited by the firm under 2.4 in respect of the financial year in question and the two financial years preceding the financial year in question;
2. (2) within 30 days of the date of deposit, a copy of any document deposited by the firm in accordance with 9.4 which corrects or makes good any document provided under (1); and
3. (3) within 30 days of the date of request, a copy of any report deposited with any such document under 9.5,

and the documents must be provided in the form requested (whether printed or electronic) and the firm may only make a charge to cover its reasonable costs, including those of printing and postage except in the case of (2).

2.7

A firm must ensure a directors certificate is completed and signed in accordance with this Part.

2.8

Subject to 2.9, the signatories of the documents to be deposited with the PRA are:

1. (1) if the firm is a large non-directive insurer:
1. (a) where there are more than two directors of the firm, at least two of those directors; or
2. (b) where there are not more than two directors, all the directors,
2. and the individual(s) approved to perform the Chief Executive Function; or
3. (2) if the firm is a small non-directive insurer:
1. (a) where there are more than two directors of the firm, at least two of those directors; or
2. (b) where there are not more than two directors, all the directors,
4. and the individual(s) approved to perform the Small Insurer Senior Management Function.

2.9

In respect of any document relating to insurance business carried on through a branch in the UK by a Swiss general insurer the signatories for the purposes of a directors certificate are:

1. (1) the authorised UK representative referred to in article 3(1)(a) of the Financial Services and Markets Act 2000 (Variation of Threshold Conditions) Order 2001 (2001/2507); and
2. (2) the individual(s) approved to perform the Head of Third Country Branch function.

3.1

A firm, other than a Swiss general insurer, must complete Form 3.

3.2

A Swiss general insurer must complete Form 10.

3.3

Subject to 3.4, a firm, other than a Swiss general insurer, must complete Forms 11 and 12 as follows:

1. (1) if a composite firm, Forms 11 and 12 must be completed separately for:
1. (a) the total general insurance business; and
2. (b) the total long-term insurance business which is class IV or supplementary accident and sickness insurance business or life protection reinsurance business written by a pure reinsurer or a mixed insurer; or
2. (2) for other firms, Forms 11 and 12 must be completed for:
1. (a) the total general insurance business; or
2. (b) the total long-term insurance business which is class IV, or supplementary accident and sickness insurance business or life protection reinsurance business written by a pure reinsurer or a mixed insurer as appropriate.

3.4

A firm does not need to complete Forms 11 and 12 in relation to long-term insurance business where:

1. (1) the gross annual premiums for:
1. (a) class IV business;
2. (b) life protection reinsurance business written by a pure reinsurer or a mixed insurer; and
3. (c) supplementary accident and sickness insurance,
2. in force on the valuation date do not exceed 1% of the gross annual premiums in force on that date for all long-term insurance business; and
3. (2) the amount of insurance health risk and life protection reinsurance capital component shown in Form 60 exceeds the amount that would be obtained if Forms 11 and 12 were to be completed for long-term insurance business.

3.5

Form 13 must be completed by every firm in respect of its total assets other than long-term insurance assets.

3.6

Subject to 3.9, for each Form 13 which a firm is required to complete under 3.5, the firm must complete Form 17 in respect of the same insurance business.

3.7

Form 15 must be completed by every firm except a firm not trading for profit which carried on only long-term insurance business during the relevant financial year.

3.8

A firm must complete Form 16.

3.9

A firm is not required to complete Form 17 where the sum of the total notional amounts for derivative contracts bought/long and sold/short would not exceed the lesser of:

1. (1) £100m; or
2. (2) 5% of assets not held to match linked liabilities for the total long-term insurance business assets or the total assets other than long-term insurance business assets.

3.10

Every firm must, in respect of the financial year in question, provide to the PRA when depositing documents under 2.4 a statement comprising a brief description of:

1. (1) any investment guidelines operated by the firm for the use of derivative or quasi-derivative contracts;
2. (2) any provision made by such guidelines for the use of contracts under which the firm had a right or obligation to acquire or dispose of assets which was not at the time when the contract was entered into, reasonably likely to be exercised and, if so, the circumstances in which, pursuant to that provision, such contracts would be used;
3. (3) the extent to which the firm was during the financial year a party to any contracts of the kind described in (2);
4. (4) the circumstances surrounding the use of any derivative or quasi-derivative held at any time during the financial year which required a significant provision to be made for it under Insurance Company – Risk Management 7.5, or (where appropriate) was not a permitted derivatives contract; and
5. (5) the total value of any fixed consideration received by the firm (whether in cash or otherwise) during the financial year in return for granting rights under derivative and quasi-derivatives and a summary of contracts under which such rights have been granted.

3.11

In respect of 3.10(4), when determining whether a required provision is ‘significant’, a firm must have regard to its obligations under the contract and the volatility of the assets identified by the firm as being suitable to cover such obligations, and the required provisions in respect of any one derivative contract must be treated as significant if:

1. (1) the aggregate provision required in respect of all contracts having a similar effect is significant; or
2. (2) the aggregate provision required in respect of all contracts with which it is connected is significant.

4.1

This Chapter applies only to a firm that carries on general insurance business.

4.2

A firm carrying on general insurance business, other than a Swiss general insurer, must complete Form 1.

4.3

A firm must complete Form 20 in respect of each required category of the whole of the general insurance business carried on by the firm.

4.4

A firm must complete Form 20A in respect of the whole general insurance business carried on by it.

4.5

A firm must prepare Forms 21, 22 and 23 for insurance business accounted for on an accident year basis in respect of each required category.

4.6

A firm must prepare Forms 24 and 25 for their insurance business accounted for on an underwriting year basis in respect of each required category.

4.7

A firm must account for insurance business on an underwriting year basis if it relates to risks in respect of which the claims outstanding for such insurance business are calculated using the method described in paragraph 58 of the insurance account rules.

4.8

Every firm which, in respect of any financial year, includes in Form 22 or 25 amounts relating to adjustments for discounting must prepare Form 30.

4.9

Every firm must prepare Forms 26 and 27 for treaty reinsurance business accounted for on an accident year basis in respect of each required category.

4.10

Every firm must prepare Forms 28 and 29 for treaty reinsurance business accounted for on an underwriting year basis in respect of each required category.

4.11

Every firm must prepare Forms 31 or 32 for direct and facultative insurance business accounted for on an accident year basis in respect of each required category.

4.12

Every firm must prepare Form 34 for direct and facultative insurance business accounted for on an underwriting year basis in respect of each required category.

4.13

A firm must allocate its general insurance business to one or more risk categories when completing the Forms required in 4.3 – 4.12.

4.14

For the purposes of allocation of general insurance business into risk categories under 4.13, where a contract of insurance falls within the description of more than one risk category:

1. (1) if the contract of insurance falls, to any extent, within the description of risk category 274, 590 or 690, a firm must allocate all the general insurance business represented by that contract of insurance to that risk category;
2. (2) subject to (3), in any other case, a firm must allocate all the general insurance business represented by the contract of insurance to the single risk category that, in the reasonable opinion of the firm’s governing body, best describes the risk covered by the contract of insurance;
3. (3) if:
1. (a) the premium payable under the contract of insurance is separable into the components relating to different risk categories; or
2. (b) in the reasonable opinion of the firm’s governing body, allocation under (2) would be misleading,

then the firm must apply a reasonable method to allocate the general insurance business represented by the contract of insurance amongst the appropriate risk categories and must apportion the amounts it reports in the Forms accordingly.

4.15

Unless the de minimis criteria in 4.16 are met, where:

1. (1) for the previous financial year, a firm was required to prepare a Form 20 to 34 for a category of business that was not category number 001 to 003, 409 or 709; and
2. (2) for the financial year in question, the reporting criteria for that Form are not met,

the business must be reported in the same category of business in the same Form for the financial year in question.

4.16

Where the conditions in 4.15 are met, a firm may only cease to report such business on that Form in that category of business if:

1. (1) the gross written premiums in the financial year in question and the gross undiscounted provisions at the end of that financial year for that category of business are each less than £0.5m; or
2. (2) the following conditions are met:
1. (a) the business in (1) has been reported on that Form for that category of business in each of the three previous financial years; and
2. (b) the gross written premiums in the financial year in question and the gross undiscounted provisions at the end of that financial year for that category of business are each less than 50% of the amounts respectively specified in the reporting criteria for that Form in respect of that category of business.

4.17

Subject to 4.18 and 4.19, if the total of all gross undiscounted provisions in Forms 26 to 29, 31, 32 and 34 is less than 80% of the firm’s total gross undiscounted provisions, the firm must prepare those Forms, as appropriate, for further categories of business in decreasing order of size, being measured in gross undiscounted provisions, until the 80% criterion is met.

4.18

A firm need not prepare Forms 26 to 29, 31, 32 or 34 for a category of business if:

1. (1) the firm’s gross written premiums in the financial year in question for that category of business are less than £1m; and
2. (2) the firm’s gross undiscounted provision at the end of the financial year in question for that category of business are less than £1m.

4.19

A firm need only prepare a Form 26 to 29, 31, 32 or 34 for a category of business if it is required to prepare a Form 20 for category number 110, 120, 160, 180, 220, 260, 270, 280, 330, 340, 350, 400, 500, 600 or 700 which includes that category of business.

4.20

A firm which, in respect of a financial year, prepares a Form under 4.9 to 4.12 containing figures in a currency other than sterling must prepare Form 36.

4.21

A firm must deposit with the PRA a statement relating to the financial year in question that:

1. (1) details:
1. (a) the full name of each of its major treaty reinsurers and their registered office or principal office in the country where it is incorporated (or, in the case of an unincorporated body, of the principal office) of each such reinsurer;
2. (b) whether (and, if so, how) the firm, at any time in the financial year, had close links with any such reinsurer;
3. (c) the amount of the reinsurance premiums payable in the financial year to each such reinsurer in respect of:
1. (i) general insurance business ceded under proportional reinsurance treaties; and
2. (ii) general insurance business ceded under non-proportional reinsurance treaties,
4. (d) the amount of any debt of each such reinsurer to the insurer in respect of general insurance business ceded under reinsurance treaties;
5. (e) the amount of any deposit received from each such reinsurer under reinsurance treaties; and
6. (f) the amount of any anticipated recoveries from each such reinsurer under reinsurance treaties to the extent that such recoveries have been taken into account by the insurer in determining the reinsurer’s share of technical provisions in respect of claims outstanding (except that, in respect of claims incurred but not reported, such recoveries need only be included to the extent that they are in respect of any specific occurrences for which provisions have been allocated by the insurer); or
2. (2) it has no major treaty reinsurer.

4.22

A firm must file with the PRA a statement relating to the financial year in question that:

1. (1) includes, in respect of each major facultative reinsurance contract, the following information about each major facultative reinsurer:
1. (a) its full name and the address of the registered office or of the principal office in the country where it is incorporated (or, in the case of an unincorporated body, the principal office);
2. (b) whether (and, if so, how) the firm had at any time in the financial year close links with such reinsurer;
3. (c) the amount of the reinsurance premiums payable in the financial year;
4. (d) the amount of any debt to the firm;
5. (e) the amount of any deposit received from reinsurers; and
6. (f) the amount of any anticipated recoveries to the extent that such recoveries have been taken into account by the firm in determining the reinsurers’ share of technical provisions in respect of claims outstanding (except that, in respect of claims incurred but not yet reported, such recoveries need only be included to the extent that they are in respect of any specific occurrences for which provisions have been allocated by the insurer); or
2. (2) it has no ‘major facultative reinsurer’.

4.23

A firm must file with the PRA a statement relating to the financial year in question detailing:

1. (1) the following information:
1. (a) the full name of each of its major cedants and the address of the registered office or of the principal office in the country where it is incorporated (or, in the case of an unincorporated body, the principal office);
2. (b) whether (and, if so, how) the firm had at any time in the financial year close links with any such cedant;
3. (c) the amount of the total of the gross premiums receivable in the financial year from each such cedant in respect of general insurance business accepted under reinsurance treaties;
4. (d) the amount of any deposit made with any such cedant; and
5. (e) the amount of any debt of each such cedant in respect of general insurance business accepted under reinsurance treaties; or
2. (2) that it has no major cedant.

4.24

A firm must deposit with the PRA, a statement regarding the general insurance business ceded, which includes the following information:

1. (1) subject to (2), for each contract of reinsurance entered into or modified during the financial year in question under which general insurance business has been ceded by the firm on a non-facultative basis, the firm must prepare a statement of:
1. (a) the type of business covered by reference to risk categories and if only part of a risk category is covered, a description of that part;
2. (b) the type of cover, including such details of the terms and conditions of the contract as are necessary for a proper understanding of the nature of the cover; and
3. (c) the period of cover.
2. (2) where the contract of reinsurance has been modified during the financial year in question:
1. (a) no information need be supplied pursuant to (1) in respect of a contract of reinsurance which was entered into before the beginning of the financial year of the firm to which the Insurance Companies (Accounts and Statements) Regulations 1996 first applied; and
2. (b) in any other case, the information to be supplied pursuant to (1) must be limited to any changes to the information previously supplied pursuant to that paragraph or its predecessor legislation in respect of that contract.
3. (3) for every contract reported pursuant to (1), whether in the return for the financial year in question or any previous return, the firm must also prepare, if relevant, a statement of:
1. (a) in the case of contracts which are subject to no or a limited number of reinstatements, any contract not previously reported pursuant to this provision (or its predecessor) under which it is anticipated that such limit will be exhausted by claims (including claims incurred but not reported, in respect of any specific occurrence for which provisions have been allocated);
2. (b) the percentage of cover, if in excess of 10% and if such information has not already been included in the return of the firm for any previous financial year, which has been ceded to reinsurers which have ceased to pay claims to their reinsureds in full, whether because of insolvency or for any other reason; and
3. (c) if the percentage specified in (b) has increased by more than 10 percentage points since the previous financial year in which it was included in the firm’s return, a statement of that percentage unless, in the opinion of the governing body, the likelihood of any claim being incurred under that policy is minimal.
4. (4) for each risk category, or part thereof, in respect of which separate non-facultative reinsurance cover has been obtained, the firm must prepare a statement of the ‘maximum net probable loss’ to the firm from any one contract of insurance effected by it and from all such contracts taken together.
5. (5) for the purposes of (4), the ‘maximum net probable loss’ is the maximum loss (net of reinsurance) arising from any one incident, or any one series of incidents from the same originating cause, which:
1. (a) the governing body at the time they decided upon the reinsurance cover in respect of the financial year in question, reasonably contemplated to be of a type which might take place during that financial year; or
2. (b) has actually occurred during the financial year in question.
6. (6) the disclosure required by (4) must be given in respect of all risk categories, or parts thereof, of the insurance business carried on by the firm whether or not the firm has purchased any reinsurance cover for that risk category, or part thereof, and in (5) deciding upon the reinsurance cover includes deciding not to obtain any reinsurance cover.
7. (7) for each combined category (other than category numbers 500 and 600) and risk category with category numbers 160, 350, 400, 510 to 590, 610 to 690 and 700 and separately for contracts of facultative and non-facultative reinsurance ceded in respect of the financial year in question the amount of the reinsurers share of gross premiums must be stated.

4.25

A firm must deposit with the PRA a statement regarding financial reinsurance in relation to any contract of insurance under which general insurance business has been ceded by the firm where:

1. (1) the value placed on future payments in respect of the contract in the return for the financial year in question is not commensurate with the economic value provided by that contract, after taking account of the level of risk transferred; or
2. (2) there are terms or foreseeable contingencies (other than the insured event) that have the potential to affect materially the value placed on the contract in the firm’s balance sheet at, or any time after, the end of the financial year in question,
3. and the statement must include the following information:
4. (3) the financial year of the return in which the contract was reported in the return;
5. (4) the financial effect of the contract of the insurer’s capital resources as shown in the return for the financial year in question;
6. (5) the amount of any undischarged obligation of the firm under the contract and a brief description of the conditions for the discharge of such obligation;
7. (6) how any undischarged obligations, including any contingent obligations, have been taken into account in determining the insurer’s capital resources; and
8. (7) a general description of how the firm makes the financial assessment that enables it to determine whether a contract satisfies the condition in (1), even if there are no contracts in respect of which information is required by (3) – (6).

4.26

In determining whether a contract of insurance meets one or both the conditions in 4.25, the firm must:

1. (1) treat as part of a contract any agreements, correspondence (including side letters) or understandings that amend or modify, or purport to amend or modify, the contract or its operation; and
2. (2) consider whether the contract meets the condition in 4.25(1) when considered together with one or more other contracts of insurance entered into between:
1. (a) the firm and the reinsurer under the first contract; or
2. (b) the firm and any other person, where it could reasonably be predicted, at the time the most recent contract was entered into, that the contracts when considered together would meet the condition in 4.25(1).

4.27

The statement required under 4.25 must also include the following information in relation to any financing arrangement:

1. (1) the financial year of the return in which the financing arrangement was first reported in the return;
2. (2) the financial effect of the financing arrangement on the insurer’s capital resources as shown in the return for the financial year in question;
3. (3) the amount of any undischarged obligation of the firm under the financing arrangement and a brief description of the conditions for the discharge of such obligation; and
4. (4) how any undischarged obligations, including any contingent obligations, have been taken into account in determining the insurer’s capital resources.

4.28

No information need be supplied pursuant to 4.25 or 4.27 in respect of a contract of insurance or financing arrangement if, when it is considered in aggregate with all such contracts with the same reinsurer or counterparty or any other person with whom the firm has entered into a contract:

1. (1) A is less than 1% of B in the return for the financial year in question; and
2. (2) the firm expects A to remain less than 1% of B for the foreseeable future,
3. where:
4. (3) A is the financial effect on the firm’s capital resources as a result of the existence of the contract(s); and
5. (4) B is the firm’s total gross amount of technical provisions.

4.29

Where the statement required under 4.25 and 4.27 includes information about a contract of insurance in respect of which information has been included in the statement required by 4.22 relating to the financial year in question, the firm must include in the statement under 4.25 and 4.27 a cross-reference to that other information.

5.1

This Chapter applies only to a firm that undertakes long-term insurance business.

5.2

A firm, except a firm to which 11.1 applies, must complete and file with the PRA the Forms as required in this Chapter.

5.3

A firm must complete Form 2.

5.4

A firm must complete Form 13 in respect of:

1. (1) its total long-term insurance assets; and
2. (2) the long-term insurance asset appropriated by it in respect of each long-term insurance fund or, where such assets have been appropriated for a group of funds, those assets.

5.5

A firm must complete Form 14 in respect of:

1. (1) its total long-term insurance liabilities and margins; and
2. (2) the long-term insurance liabilities and margins for each long-term insurance fund or where long-term insurance assets have been appropriated in respect of a group of funds.

5.6

A firm must ensure separate accounts are prepared in Form 40 in respect of:

1. (1) each long-term insurance fund maintained by it; and
2. (2) except where the information is provided by virtue of (1), each with-profits fund,

and where there is more than one Form 40 the firm must also prepare a summary Form 40 for the total long-term insurance business.

5.7

A firm must, in respect of the financial year in question prepare:

1. (1) Forms 41 to 43 in respect of each revenue account prepared separately under rule 5.6;
2. (2) summary Forms 41 to 43 if a summary Form 40 is required under 5.6; and
3. (3) Forms 44 to Form 60,

as appropriate, together with the information specified in relation to those Forms.

5.8

A firm must ensure that an investigation is made annually into its financial condition in respect of its long-term insurance business, in accordance with the methods and assumptions determined by the firm, by the person or persons who for the time being are appointed to perform the actuarial function.

5.9

When an investigation into the financial condition of the firm in respect of its long-term insurance business has been made other than under 5.8 either:

1. (1) with a view to the distribution of profits; or
2. (2) where the results of which are made public,

a firm must ensure a valuation report is prepared which includes a full description of each of the changes in the methods and assumptions used in the investigation for the purposes of rule 5.10 since the previous investigation under 5.8 (or if there has been no such change, a statement to that effect).

5.10

An investigation under 5.8 must include:

1. (1) a determination of the liabilities of the firm attributable to its long-term insurance business; and
2. (2) a valuation of any excess over those liabilities of the assets representing each long-term insurance fund and, where any rights of any long-term policy holders to participate in profits relate to particular parts of such a fund, a valuation of any excess of assets over liabilities in respect of those parts.

5.11

For the purposes of any investigation under 5.8, the value of any assets and the amount of any liabilities must be determined in accordance with the Insurance Company – Overall Resources and Valuation Part and any specific valuation rule.

5.12

Where an annual investigation into the financial condition of the firm has been made under 5.8, a valuation report must be prepared and contain the information as specified in the table at 5.13.

5.13

The following information must be provided in the reports required under 5.12, with the answers being numbered to accord with the numbers of the corresponding row below:

6.1

A firm must prepare every document and Form required pursuant to these rules in the manner set out by the PRA and must fairly state the information provided on the basis required by this Part.

6.2

Where a Form is referred to, a firm must submit the relevant data in that form.

6.3

Unless otherwise stated, when completing the documents specified under Chapters 3, 4, 5 and 10:

1. (1) the value or amount given for an asset or a liability of the firm is the value or amount of that asset or liability as determined in accordance with Insurance Company - Overall Resources and Valuation 3 – 8 and Insurance Company - Capital Resources Requirements 8 – 13 and 15 – 19 at the end of the financial year in question;
2. (2) no value shall be given to exposures in excess of the limits set out in Insurance Company – Exposure Limits 7.4;
3. (3) not withstanding (1) and (2) (but subject to the conditions set out in (4)), a firm must, for the purposes of an actuarial investigation, decide whether to assign to any of its assets the value given to the asset in question in the books or other records of the firm; and
4. (4) the conditions referred to in (3) are that:
1. (a) the election does not enable the firm to bring into account any asset that is not an admissible asset; and
2. (b) the value assigned to the aggregate of the firm’s assets is not higher than the aggregate of the value of those assets as determined in accordance with (1) and (2), without taking advantage of (3).

6.4

All amounts, descriptions or other text shown as supplementary notes to a Form must not be included on the face of that Form, but must be a separate statement. The title of that statement must identify the Form to which it relates.

6.5

Where a Form requires the ‘company registration number’, a firm must provide the full registration number given by the Registrar of Companies. If the firm does not have such a number, it must agree a suitable number with the PRA.

6.6

In respect of rule 6.5, a Swiss general insurer must use its F-series number issued by the Registrar of Companies.

6.7

A firm must complete boxes marked ‘GL/UK’ on a Form by inserting:

1. (1) ‘UK’ in the case of a Form prepared by a Swiss general insurer; and
2. (2) ‘GL’ in all other cases.

6.8

A firm must complete boxes marked ‘Period ended’ on a Form in numerals to show the date of the last day of the financial year in question.

6.9

Subject to 14.4, a firm must not complete a box which is shaded or not labelled on a Form.

6.10

Where the term ‘financial year’ is used on a form, this means the financial year in question.

6.11

A firm must express the currency of any asset, or the amount of any liability, denominated in a currency other than sterling in sterling as if conversion had taken place at the closing middle rate on the last day for which the appropriate rate is available in the financial year to which the asset or liability relates. The amount of any income or expenditure must be expressed in sterling using such bases of conversion as are in accordance with generally accepted accounting practice.

6.12

Where negative amounts are to be used, they must be shown in round brackets.

6.13

A firm must not restate comparatives unless restatement is necessary in order to allow the appropriate comparison to be made.

6.14

A firm must show amounts to the nearest £1,000.

6.15

Calculations must be performed using unrounded figures. Figures which are determined from other figures (whether or not on the same form) must be rounded after performing calculations on the unrounded component figures. Percentages and ratios must also be shown to two decimal places.

6.16

A firm must complete the following Forms set out against the relevant PRA general insurance business reporting categories:

6.17

In accordance with the table found at 12.3 a firm must complete a Form (specified in the first column) for a category of business if the criteria in the third column are met for that category of business.

6.18

For Forms 40 – 60, where neither the mathematical reserves nor the gross premiums with respect to the total overseas business exceeds £50m or 5% of the total mathematical reserves, a firm may treat that business:

1. (1) in the case of business which if it were business effected in the UK would be UK pension business; or
2. (2) otherwise, as UK life business.

6.19

With regard to long-term insurance business, Forms must not be completed on the basis of deposit accounting regardless of whether the firm uses this basis in accordance with international accounting standards.

6.20

Where a Form is to be submitted but all entries (including comparatives) would be blank, that Form may be omitted provided that a note coded FF00 (where F is the Form number) is included stating that this is why the Form has been omitted. Where a Form is omitted because of the operation of a de minimis limit, a note coded FF00 must be included stating that this is why the Form has been omitted. This note is not needed where a Form is omitted because the rules do not require it for a reason other than the operation of a de minimis limit.

7.1

The firm must ensure that a report is prepared by the auditor in relation to the audit in 2.5 and that this report is filed with the PRA.

7.2

The report required by 7.1 must, in addition to any statement required under 3.10, 4.21 – 4.23 and 5.12, state:

1. (1) whether, in the auditor’s opinion:
1. (a) the Forms, statements and documents have been properly prepared in accordance with this Part and the Insurance Company – Overall Resources and Valuation Part and any specific valuation rule; and
2. (b) the methods and assumptions determined by the firm and used to perform the actuarial investigation (as set out in the valuation reports) appropriately reflect the requirements of Insurance Company – Mathematical Reserves.
2. (2) that to the extent that any document, form, statement, analysis or report to be audited contains amounts or information abstracted from the actuarial investigation performed pursuant to 5.8 and 5.9, the auditor has obtained and paid due regard to advice from a suitably qualified actuary who is independent of the firm.

7.3

Where the auditors refer in their report or in any note attached to it any uncertainty, the report must state whether, in the auditors opinion, that uncertainty is material to determining whether the firm has available assets in excess of its CR Requirement.

7.4

For the purposes of rules 2.5 and 7.1, to the extent that any document to be audited, contains amounts or information abstracted from the actuarial investigation performed under 5.8, the firm must ensure that the auditor obtains and pays due regard to advice from a suitably qualified actuary who is independent of the firm.

7.5

Sections 498(1), (2) and (3) and 499(1) of the Companies Act 2006 apply as if:

1. 1) the reference to the profit and loss account in section 394 of the Companies Act 2006 included references to the revenue account; and
2. (2) the auditors of the firm were not under a duty for the purposes of preparing their report to carry out any investigation into information given in Forms 31, 32 and 34 relating wholly or partly to the number of claims notified or the amount of payments made prior to the financial year of the firm in which the Insurance Companies (Accounts and Statements) Regulations 1980 first applies.

7.6

Section 500(1) of the Companies Act 2006 applies as if the reference to a ‘parent company’ were references to the firm.

8.1

The certificate required by 2.7 must state:

1. (1) that the return has been properly prepared in accordance with the requirements in the Non-Solvency II Firms sector of the PRA Rulebook; and
2. (2) that the directors are satisfied that:
1. (a) throughout the financial year in question, the firm has complied in all material respects with the rules in the Non-Solvency II Firms sector of the PRA Rulebook; and
2. (b) it is reasonable to believe that the firm has continued so to comply subsequently, and will continue so to comply in the future.

8.2

A firm does not comply in all material respects with the requirements specified in 8.1(2) if it commits a breach of any of those rules which is significant, having regard to the potential financial loss to policyholders or to the firm, frequency of the breach, implications for the firm’s systems and controls and if there were any delays in identifying or rectifying the breach.

8.3

Subject to 8.4 and 8.5, if the firm carries on long-term insurance business, the certificate required by rule 2.7 must also state that:

1. (1) in the directors’ opinion, premiums for contracts entered into during the financial year and the resulting income earned are sufficient, under reasonable actuarial methods and assumptions, and taking into account the other financial resources of the firm that are available for the purpose, to enable the firm to meet its obligations in respect of those contracts and, in particular, to establish adequate mathematical reserves;
2. (2) the sum of the mathematical reserves and the deposits received from reinsurers as shown in Form 14 constitute proper provision at the end of the financial year in question for the long-term insurance liabilities (including all liabilities arising from deposit back arrangements, but excluding other liabilities which had fallen due before the end of the financial year) including any increase in those liabilities arising from a distribution of surplus as a result of an actuarial investigation as at that date into the financial condition of the long-term insurance business;
3. (3) the with-profits fund has been managed in accordance with COBS 20.3 of the FCA Handbook; and
4. (4) the directors have, in preparing the return, taken and paid due regard to:
1. (a) advice from every actuary appointed by the firm to perform the actuarial function; and
2. (b) if applicable, advice from every actuary appointed by the firm to perform the with-profits actuary function.

8.4

Where, in the opinion of those signing the certificate, the circumstances are such that any of the statements required by 8.1, 8.2 and 8.3 cannot truthfully be made, the relevant statements must be omitted.

8.5

Where, by virtue of 8.4, any statements have been omitted from the certificate, this fact, and the reasons for omission, must be set out in a note to the certificate.

9.1

A firm must deposit one copy of every Form and document required by these rules with the PRA by:

1. (1) electronic means made available by the PRA; or
2. (2) email to InsuranceData@bankofengland.co.uk in a form which is capable of being readily used or translated by the PRA. The title of the email must be: <firm name> PRA returns <dd/mm/yyyy>.

9.2

One copy of every Form and document required by these rules must be deposited with the PRA within 3 months following the financial year end.

9.3

If the due date for deposit of documents required by 9.2 falls on a day which is not a business day, the documents must be submitted no later than the first business day after the due date.

9.4

If within 24 months of the date of deposit, the PRA notifies the firm that a document deposited appears to it to be inaccurate or incomplete, the firm must consider the matter and within one month of the date of notification it must correct any inaccuracies and make good any omissions and deposit the relevant parts of the documents again.

9.5

A firm must deposit with the PRA when filing the documents required by this Part, any statement or report on the affairs of the firm made or submitted:

1. (1) to the firm’s shareholders or policyholders; or
2. (2) to the firm’s policyholders who have a with-profits policy under COBS 20.4.7R or SUP 4.3.16AR(4) of the FCA Handbook,

in respect of the financial year to which the documents relate.

9.6

Where a statement or report has not been made or submitted at the time the revenue account and balance sheet are deposited, it must be deposited as soon as possible thereafter.

9.7

Documents deposited in electronic form by email, except scanned documents containing signatures, must be created directly from the word processing or spreadsheet software and not by scanning a printed copy.

10.1

This Chapter applies only to firms that are a marine mutual.

10.2

A firm may complete an abbreviated return which comprises:

1. (1) Forms 1, 3, 11 and 12; and
2. (2) Forms M1 to M5

and, all rules other than Chapter 1, 2.5 to 2.7, 3.10, 3.11, 6.3, 6.4, 6.18, Chapter 9 and Chapter 10 do not apply.

10.3

A firm must annex to the documents provided under 10.2:

1. (1) a description of the significant reinsurance arrangements which will be in operation in the financial year following the financial year in question;
2. (2) in respect of insurance business ceded by way of non-facultative reinsurance in respect of the financial year in question or any previous financial year ended on or after 20 February 1998, a statement of:
1. (a) in the case of contracts which are subject to no or a limited number of reinstatements, any contract not previously reported to the PRA under which it is anticipated that any such limit will be exhausted by such claims (including claims incurred but not reported, in respect of any specific occurrence for which provisions have been allocated);
2. (b) the percentage of cover, if in excess of 10% and if such information was not included in the return of the marine mutual for the previous financial year which has been ceded to reinsurers which have ceased to pay claims to their reinsureds in full, whether because of insolvency or for any other reason; and
3. (c) if the percentage specified in (b) has increased by more than 10% since the previous financial year in which it was included in the firm’s return, that percentage unless, in the opinion of the directors, the likelihood of any claim being incurred under that policy is minimal;
3. (3) a statement concerning:
1. (a) the default rates of members (or adjusted default rates, as the case may be), on the supplementary calls collectable during the financial year in question and the two previous financial years respectively; and
2. (b) the total amount of each such call, the financial year to which it relates, the amount paid and the amount remaining outstanding; and
4. (4) a copy of the rules of association of the firm in force on the date of deposit of the return, unless there has been no change in a copy of the rules deposited with the return for a previous financial year

10.4

A firm must, with effect from the date of its deposit of returns with the PRA until the date of deposit of the return for the following financial year, provide the PRA with written notice of:

1. (1) any change which is proposed in the rules of association of the firm, not less than 14 days before the change is put to a meeting;
2. (2) any change which has been made in the rules of association, within 7 days of the change;
3. (3) any significant change in the reinsurance arrangements, a description of which has been annexed to the return in accordance with 10.3(2)(a), within 7 days of the change;
4. (4) a fall in tonnage entered by its members of 10% net or more since the end of the financial year in question, within 7 days of the firm becoming aware of this; and
5. (5) whether tonnage entered by its members who have withdrawn from membership or who have defaulted on their obligations has increased so as to exceed 10% or more of total tonnage entered, whether before, on or after the date of deposit of the return, within 7 days of the date of deposit or of the firm becoming aware of this, whichever is earlier.

10.5

A firm must annex to the return provided under 10.2, a directors’ certificate to:

1. (1) confirm that:
1. (a) the return has been prepared in accordance with the rules in the Non-Solvency II Firms sector of the PRA Rulebook;
2. (b) the directors are satisfied that throughout the financial year in question, the marine mutual has complied in all material respects with the requirements in Non-Solvency II Firms sector of the PRA Rulebook and that it is reasonable to believe that the marine mutual has continued so to comply subsequently, and will continue so to comply in future;
3. (c) each member of the marine mutual has accepted those parts of the marine mutual’s rules which oblige that member to pay its share of any supplementary calls for the year and of calls to meet the CR Requirement (including any sum needed to make good failure by other members to pay calls made on them); and
4. (d) the marine mutual is empowered to make supplementary calls on its members which, if met, would produce sufficient assets to meet the CR Requirement; and
2. (2) give information about the number of:
1. (a) members of the marine mutual which are not reinsured members;
2. (b) fixed premium members (on which supplementary calls may not be made);
3. (c) reinsured members (being members whose contract of insurance with the marine mutual is a contract of reinsurance); and
4. (d) the tonnage of shipping attributable to each of the above classes of members, taken separately, and covered by the marine mutual at the end of the financial year in question.

10.6

Where, in the opinion of the directors, the circumstances are such that any of the matters specified in 10.5(1) or (2) cannot be confirmed or provided, the relevant statements or information must be omitted and the reasons for omission must be explained in a note to the certificate.

10.7

A firm must annex to the return provided under 10.2, an auditors’ report which confirms the documents and Forms have been properly prepared and where there is any uncertainty, the uncertainty is material to determining whether the marine mutual has available assets in excess of its CR Requirement.

10.8

In completing the Forms required under rule 10.2, a firm must disregard reinsurance arrangements with any relevant company and must treat income and expenditure and assets and liabilities of any relevant company as, respectively, income and expenditure and assets and liabilities of the firm.

10.9

Where ‘source’ appears at the head of a column on a form, the information to be included in the preceding columns of a particular line is to be taken from those items in the return to which reference is made on that line in the column headed ‘source’. No entries are to be made in the column headed ‘source’.

11.1

This Chapter applies only to a firm that is a long-term insurer which:

1. (1) has transferred all of its long-term insurance business to another firm;
2. (2) has no intention to carry on further long-term insurance business; and
3. (3) is not carrying on general insurance business.

11.2

A firm must provide to the PRA within 3 months of the date of the transfer, Forms 40, 41, 42, 43, 45 and 46 in respect of the period from the financial year most recently ended to the date of transfer together with:

1. (1) a directors certificate that states that the Forms have been properly prepared in accordance with the requirements in these rules and that the directors are satisfied that throughout the financial year in question, the firm has complied in all material respects with the requirements in Non-Solvency II Firms sector of the PRA Rulebook; and
2. (2) a statement that no long-term insurance business has been carried on by the firm since then, the firm has no intention to carry on further any such business and the firm is not carrying on general insurance business.

11.3

The Forms provided under 11.2 must be audited by a person qualified to do so, in accordance with the rules in the Auditors Part of the PRA Rulebook, who must include an annex to those documents a report that must specify whether, in the auditors opinion, the Forms audited have been properly prepared in accordance with this Part.

12.1

The following table details the PRA General Insurance Business Reporting Categories:

12.2

Groups of categories of general insurance business to which categories in 12.1 are to be allocated for the purpose of reporting in the return:

12.3

The following table details the criteria (if any) for whether a Form is required for a category of business:

12.4

For the purposes of column 2 of the table in 12.3:

1. (1) a currency in which a contract of insurance is denominated is:
1. (a) the currency in which the contract requires settlement of claims or the successor to that currency;
2. (b) the currency in which the firm records claim payments under the contract, if the contract permits settlement of claims in more than one currency or if it is the firm’s internal practice to convert claim payments to that currency; or
3. (c) the currency in which the firm maintains records of the development of premiums or claims under the contract in order to determine the technical provisions.

12.5

A list of currency codes and country codes required for Forms 26 to 29, 31, 32 and 34 is as follows:

12.6

The reporting territory codes required for Forms 30, 31, 32 and 34 must be in accordance with the following:

12.7

The groups of classes of general insurance business are as follows:

13.1

The Forms can be found here.

14.1

14.2 and 14.3 apply where, immediately before 1 January 2016, a waiver given in relation to a rule listed in column A of the table in 14.3 and any condition of that waiver had effect and such waivers had not expired by 1 July 2016.

14.2

Each waiver given by the PRA to a firm in relation to the whole or any part of a rule included in column A of the table in 14.3 is to be treated as a waiver in relation to the relevant whole or part of the equivalent rule listed in the same row in column B of the table.

14.3

14.4

For financial years ending on or before 1 July 2017, 6.9 does not apply in respect of those figures that were included in the previous financial year returns which need to be included in the shaded boxes of the Forms as comparatives.