1. Where an own-fund item has been issued by a related third-country insurance or reinsurance undertaking, the participating undertaking shall classify the own-fund item using the criteria for classification set out in Title I, Chapter IV, Section 2. provided that all of the following additional requirements are met:
(a) undertakings comply with the requirements set out in Articles 71, 73 and 77 of this Regulation;
(b) the own-fund item is free from encumbrances and is not connected with any other transaction, which when considered with the own-fund item, could result in that own-fund item not satisfying the requirements set out in Article 94 of Directive 2009/138/EC at group level.
2. For the purposes of point (a) of paragraph 1:
(a) the term "Solvency Capital Requirement" in Articles 71, 73 and 77 of this Regulation shall mean the group Solvency Capital Requirement;
(b) the term "Minimum Capital Requirement" in Articles 71, 73 and 77 of this Regulation shall mean both the capital req
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