Composites

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1

Application

1.1

Unless otherwise stated, this Part applies to:

  1. (1) a UK Solvency II firm;
  2. (2) in accordance with Insurance General Application 3, the Society; and
  3. (3) in accordance with Insurance General Application 3, managing agents.

2

Long-Term and General Insurance Activities to Be Separately Managed

2.1

This Chapter:

  1. (1) applies to a composite firm other than a pure reinsurer; and
  2. (2) does not apply to a managing agent which manages one or more syndicates, all of which carry on reinsurance exclusively.

2.2

A composite firm must separately manage the activities relating to its general insurance business and the activities relating to its long-term insurance business in such a way that:

  1. (1) its long-term insurance business and its general insurance business are distinct from one another;
  2. (2) the interests of policyholders of contracts of long-term insurance are not prejudiced by activities relating to the firm’s general insurance business and the interests of policyholders of contracts of general insurance are not prejudiced by activities relating to the firm’s long-term insurance business; and
  3. (3) profits from the activities relating to the composite firm’s long-term insurance business benefit policyholders of contracts of long-term insurance as if the composite firm was engaged only in long-term insurance business.

[Note: Art. 74(1) of the Solvency II Directive]

3

Minimum Financial Obligations: General Provisions

3.1

This Chapter:

  1. (1) applies to a composite firm, other than a pure reinsurer; and
  2. (2) does not apply to a managing agent which manages one or more syndicates, all of which carry on reinsurance exclusively.

3.2

A composite firm must maintain separate accounts for each of its long-term insurance business and its general insurance business to show the sources of the results for each activity separately.

3.3

For the purposes of 3.2, the firm must:

  1. (1) break down, according to origin, all income (including premiums, recoverables from reinsurance contracts and investment income) and all expenditure (including insurance settlements, additions to technical provisions, reinsurance premiums and operating expenses) in respect of its general insurance business and its long-term insurance business, respectively; and
  2. (2) if items are shared between the firm’s long-term insurance business and its general insurance business, apportion those items appropriately between the two activities and enter them into the accounts on the basis of that apportionment.

[Note: Art. 74(6) of the Solvency II Directive]

3.4

The firm must record the methods on the basis of which the apportionment referred to in 3.3(2) has been made and be able to demonstrate to the PRA the appropriateness of those methods of apportionment.

4

Minimum Financial Obligations: Calculation of Notional Minimum Capital Requirement

4.1

This Chapter:

  1. (1) applies to a composite firm, other than a pure reinsurer; and
  2. (2) does not apply to managing agents.

4.2

Without prejudice to the SCR Rules and the Minimum Capital Requirement Part, the firm must calculate on the basis of the accounts referred to in 3.2:

  1. (1) a notional long-term insurance MCR with respect to its long-term insurance business, calculated as if the firm carried on long-term insurance business only; and
  2. (2) a notional general insurance MCR with respect to its general insurance business, calculated as if the firm carried on general insurance business only.

[Note: Art. 74(2) of the Solvency II Directive]

4.3

The firm must cover:

  1. (1) its notional long-term insurance MCR with eligible own funds attributable to its long-term insurance business, as identified on the basis of the accounts referred to in 3.2; and
  2. (2) its notional general insurance MCR with eligible own funds attributable to its general insurance business, as identified on the basis of the accounts referred to in 3.2.

[Note: Art. 74(3) of the Solvency II Directive]

4.5

The firm must prepare a statement on the basis of the accounts referred to in 3.2 identifying the eligible own funds covering the notional long-term insurance MCR and the notional general insurance MCR, respectively.

[Note: Art. 74(6) of the Solvency II Directive]

4.6

Provided the firm satisfies the requirements in 4.3 and 4.4, and subject to the requirement in 4.7, a firm may use:

  1. (1) eligible own funds attributable to its general insurance business that are in excess of its notional general insurance MCR; and
  2. (2) eligible own funds attributable to its long-term insurance business that are in excess of its notional long-term insurance MCR;

to cover part or all of the difference between the firm’s SCR and the sum of its notional general insurance MCR and notional long-term insurance MCR.

[Note: Art. 74(4) of the Solvency II Directive]

4.7

For the purposes of 4.6, a firm must notify the PRA before using:

  1. (1) eligible own funds referred to in 4.6(1) to cover the portion of the difference referred to in 4.6 that relates to the difference between the notional long-term insurance SCR and the notional long-term insurance MCR; or
  2. (2) eligible own funds referred to in 4.6(2) to cover the portion of the difference referred to in 4.6 that relates to the difference between the notional general insurance SCR and the notional general insurance MCR.

[Note: Art. 74(4) of the Solvency II Directive]

4.8

If a composite firm is in breach of either 4.3(1) or 4.3(2), Undertakings In Difficulty 4.1 applies to the activity in respect of which the breach has occurred, as if the words ‘MCR’ in Undertakings In Difficulty 4.1 were substituted with the words ‘notional long-term insurance MCR’ or ‘notional general insurance MCR’, as applicable, regardless of whether any breach has occurred in respect of the other activity.

[Note: Art. 74(7) of the Solvency II Directive]

4A

Notional General Insurance Minimum Capital Requirement

4A.1

This Chapter:

  1. (1) applies to a composite firm, other than a pure reinsurer; and
  2. (2) does not apply to managing agents.

4A.2

The notional general insurance MCR must be equal to the following: 

\[\mathrm{NMCR_{gi}\ =\ max(NMCR_{(combined,gi)},\ AMCR_{gi})}\]

where:

  1. (1) NMCR(combined,gi) denotes the notional combined general insurance minimum capital requirement prescribed in 4A.3; and
  2. (2) AMCRgi denotes:
    1. (a) the absolute floor prescribed in Minimum Capital Requirement 3.2(1); or
    2. (b) where Minimum Capital Requirement 3.2(5) applies, the sum of the absolute floor prescribed in Minimum Capital Requirement 3.2(2).

4A.3

The notional combined general insurance minimum capital requirement must be equal to the following:

\[\mathrm{NMCR_{(combined,gi)}\ =\ min(max(NMCR_{(linear,gi)},\ 0.25 \cdot \ (NSCR_{gi}\ +\ Addon_{gi})),\ 0.45 \cdot \ (NSCR_{gi}\ +\ Addon_{gi}))}\]

where:

  1. (1) NMCR(linear,gi) denotes the notional linear minimum capital requirement for general insurance business prescribed in 4A.4;
  2. (2) NSCRgi denotes the notional general insurance SCR; and
  3. (3) Addongi denotes the part of any capital add-on imposed by the PRA, which has been apportioned by PRA to the general insurance business of the firm.

4A.4

The notional linear minimum capital requirement for general insurance business must be equal to the following:

\[\mathrm{NMCR_{(linear,gi)}\ =\ MCR_{(gi,gi)}\ +\ MCR_{(l,gi)}}\]

where:

  1. (1) MCR(gi,gi) denotes the linear formula component for general insurance and reinsurance obligations relating to general insurance business calculated in accordance with 4A.5; and
  2. (2) MCR(l,gi) denotes the linear formula component for long-term insurance and reinsurance obligations relating to general insurance business calculated in accordance with 4A.5.

4A.5

MCR(gi,gi) and MCR(l,gi) must be calculated in the same way as MCR(linear,gi) and MCR(linear,l) referred to in Minimum Capital Requirement 3B and 3C respectively, but the technical provisions or premiums written used in the calculation must only relate to the firm’s general insurance and reinsurance obligations.

4B

Notional Long-term Minimum Capital Requirement

4B.1

This Chapter:

  1. (1) applies to a composite firm, other than a pure reinsurer; and
  2. (2) does not apply to managing agents.

4B.2

The notional long-term insurance MCR must be equal to the following:

\[\mathrm{NMCR_{l}\ =\ max(NMCR_{(combined,l)},\ AMCR_{l})}\]

where:

  1. (1) NMCR(combined,l) denotes the notional combined long-term insurance minimum capital requirement prescribed in 4B.3; and
  2. (2) AMCRl denotes the absolute floor prescribed in Minimum Capital Requirement 3.2(2).

4B.3

The notional combined long-term insurance minimum capital requirement must be equal to the following:

\[\mathrm{NMCR_{(combined,l)}\ =\ min(max(NMCR_{(linear,l)},\ 0.25\ \cdot \ (NSCR_{I}\ +\ Addon_{l})),\ 0.45\ \cdot \ (NSCR_{I}\ +\ Addon_{l})}\]

where:

  1. (1) NMCR(linear,l) denotes the notional linear minimum capital requirement for long-term insurance business prescribed in 4B.4;
  2. (2) NSCRl denotes the notional long-term insurance SCR; and
  3. (3) Addonl denotes the part of any capital add-on imposed by the PRA, which has been apportioned by PRA to the long-term insurance business of the firm.

4B.4

The notional linear minimum capital requirement for long-term insurance business must be equal to the following:

\[\mathrm{NMCR_{(linear,l)}\ =\ MCR_{(gi,l)}\ +\ MCR_{(l,l)}}\]

where:

  1. (1) MCR(gi,l) denotes the linear formula component for general insurance and reinsurance obligations relating to long-term insurance business calculated in accordance with 4B.5; and
  2. (2) MCR(l,l) denotes the linear formula component for long-term insurance and reinsurance obligations relating to long-term insurance business calculated in accordance with 4B.5.

4B.5

MCR(gi,l) and MCR(l,l) must be calculated in the same way as MCR(linear,gi) and MCR(linear,l) referred to in Minimum Capital Requirement 3B and 3C respectively, but the technical provisions or premiums written used in the calculation must only relate to long-term insurance and reinsurance obligations.

4C

Notional Solvency Capital Requirement

4C.1

This Chapter:

  1. (1) applies to a composite firm, other than a pure reinsurer; and
  2. (2) does not apply to managing agents.

4C.3

The notional general insurance SCR must be equal to the following:

\[{\mathrm{NSCR}}_{\mathrm{gi}}\mathrm{\ =\ }\frac{{\mathrm{NMCR}}_{\mathrm{(linear,l)}}}{{\mathrm{NMCR}}_{\left(\mathrm{linear,gi}\right)\mathrm{\ } }\mathrm{+\ } {\mathrm{NMCR}}_{\mathrm{(linear,l)}}}\mathrm{\cdot \ SCR}\]

where:

  1. (1) SCR denotes the firm’s SCR, which must for the purposes of this Chapter exclude any capital add-on;
  2. (2) NMCR(linear,gi) denotes the notional linear general insurance minimum capital requirement for general insurance business prescribed in 4A.4; and
  3. (3) NMCR(linear,l) denotes the notional linear minimum capital requirement for long-term insurance business prescribed in 4B.4.

4C.4

The notional long-term insurance SCR must be equal to the following:

\[{\mathrm{NSCR}}_{\mathrm{l}}\mathrm{\ =\ }\frac{{\mathrm{NMCR}}_{\mathrm{(linear,l)}}}{{\mathrm{NMCR}}_{\left(\mathrm{linear,gi}\right)\mathrm{\ } }\mathrm{+\ } {\mathrm{NMCR}}_{\mathrm{(linear,l)}}}\mathrm{\cdot \ SCR}\]

where:

  1. (1) SCR denotes the SCR, excluding any capital add-on;
  2. (2) NMCR(linear,gi) denotes the notional linear general insurance minimum capital requirement for general insurance business prescribed in 4A.4; and
  3. (3) NMCR(linear,l) denotes the notional linear minimum capital requirement for long-term insurance business prescribed in 4B.4.

5

Links Between General Insurers and Long-Term Insurers

5.1

If a general insurer and a long-term insurer have financial, commercial or administrative links with each other, each of those firms must ensure that its accounts are not distorted by an agreement between them or by any arrangement which could affect the apportionment of expenses and income.

[Note: Art. 73(4) of the Solvency II Directive]

6

Lloyd’s

6.1

This Chapter applies to managing agents.

6.2

A managing agent must not permit both general insurance business and long-term insurance business to be carried on together through any syndicate managed by it, except where:

  1. (1) the long-term insurance business to be carried on by that syndicate is or is to be restricted to reinsurance; or
  2. (2) the general insurance business to be carried on by that syndicate is or is to be restricted to effect contracts of insurance or carry out contracts of insurance in general insurance business class 1 (accident) or class 2 (sickness).

[Note: Art. 73(2) of the Solvency II Directive]