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Application provision

1.1 This rule is effective from 23:00 on 31/12/2020.

This Part applies to SRO insurers.

1.1

31/12/2020

This rule is effective from 23:00 on 31/12/2020.

This Part applies to SRO insurers.

1.2

31/12/2020

This rule is effective from 23:00 on 31/12/2020.

In this Part, the following definitions shall apply:

end date

means the end of the relevant period determined in accordance with regulation 41 of the EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018.

material transaction

means a transaction (when aggregated with any similar transactions) in which:

    1. (1) the price actually paid or received for the transfer of assets or liabilities or the performance of services; or
    2. (2) the price which would have been paid or received had that transaction been negotiated at arm's length between unconnected parties; 
    3.       exceeds:
      1. (a) in the case of a firm which carries on long-term insurance business, but not general insurance business, the sum of €20,000 and 5% of the firm's liabilities arising from its long-term insurance business, excluding linked long-term liabilities and net of reinsurance ceded; or
      2. (b) in the case of a firm which carries on general insurance business, but not long-term insurance business, the sum of €20,000 and 5% of the firm's liabilities arising from its general insurance business, net of reinsurance ceded; or
      3. (c) in the case of a firm which carries on both long-term insurance business and general insurance business:
        1. (i) where the transaction is in connection with the firm's long-term insurance business, the sum of €20,000 and 5% of the firm's liabilities arising from its long-term insurance business, excluding linked long-term liabilities and net of reinsurance ceded; and
        2. (ii) in all other cases, the sum of €20,000 and 5% of the firm's liabilities arising from its general insurance business, net of reinsurance ceded.
      4.       and
      5. (d) a reference to the “firm's liabilities” is to be interpreted as a reference only to the liabilities relevant to the operations permitted under regulation 28 or 34 of Part 6 of the EEA Passport Rights (Amendment etc. and Transitional Provisions (EU Exit) Regulations 2018.

scheme of operations

  1. means a scheme which:
    1. (1) describes the nature of the risks which the insurer is underwriting, or intends to underwrite, and the guiding principles which it intends to follow in reinsuring or covering those risks; and
    2. (2) contains the information required under 3.1.