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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 4 November 2015

European Union (Insurance and Reinsurance) Regulations 2015 [S.I. No. 485 of 2015] (Solvency II Regulations)

Comparing proposed amendment...
Introductory Text
Part 1 Preliminary (regs. 1-11)
In force
Regulation 1 Citation and commencement
In force
Regulation 2 Object of Regulations
In force
Regulation 3 Interpretation
In force
Regulation 4 Exclusion of small undertakings
In force
Regulation 5 Exclusion of mutual undertakings
In force
Regulation 6 Exclusions: insurance forming part of social security system
In force
Regulation 7 Exclusions: non-life operations
In force
Regulation 8 Exclusions: assistance activity
In force
Regulation 9 Exclusions: life operations and organisations
In force
Regulation 10 Exclusions: reinsurance
In force
Regulation 11 Insurance and reinsurance undertakings closing their activity
Part 2 Authorisation (regs. 12-26)
In force
Regulation 12 Prohibition against carrying on insurance etc. without authorisation
In force
Regulation 13 Deemed authorisation for existing undertakings
In force
Regulation 13A Conditions for application of Regulation 13B
In force
Regulation 13B Regulations applicable to a person to whom Regulation 13A applies
In force
Regulation 14 Authorisation
In force
Regulation 15 Scope of authorisation
In force
Regulation 16 Ancillary risks
In force
Regulation 17 Conditions for authorisation
In force
Regulation 18 Close links
In force
Regulation 19 Policy conditions and scales of premiums
In force
Regulation 20 Economic requirements of the market
In force
Regulation 21 Scheme of operations
In force
Regulation 22 Shareholders and members with qualifying holdings
In force
Regulation 23 Prior consultation with authorities of other Member States
In force
Regulation 24 Decision on application for authorisation
In force
Regulation 25 Notification of authorisation to EIOPA
In force
Regulation 26 Power to impose conditions
Part 3 Supervision (regs. 27-42)
In force
Regulation 27 Main objective of supervision
In force
Regulation 28 Financial stability and pro-cyclicality
In force
Regulation 29 General principles of supervision
In force
Regulation 30 Scope of supervision
In force
Regulation 31 Transparency and accountability
In force
Regulation 32 Prohibition of refusal of reinsurance and retrocession contracts
In force
Regulation 33 Supervision of branches established in another Member State
In force
Regulation 34 Information to be provided for supervisory purposes
In force
Regulation 35 Annual and quarterly information etc.: transitional deadlines
In force
Regulation 36 Directors' accuracy certificates
In force
Regulation 37 Auditor's report
In force
Regulation 38 Supervisory review process
In force
Regulation 39 Capital add-on
In force
Regulation 40 Supervision of outsourced functions and activities
In force
Regulation 41 Transfer of insurance portfolio
In force
Regulation 42 Transfer of portfolio by reinsurance undertaking
Part 4 Conditions governing business (regs. 43-75)
Chapter 1 Responsibilities of board of directors (reg. 43)
In force
Regulation 43 Responsibility of board of directors
Chapter 2 System of governance (regs. 44-51)
In force
Regulation 44 General governance requirements
In force
Regulation 45 Fit and proper requirements
In force
Regulation 46 Risk management
In force
Regulation 47 Own risk and solvency assessment
In force
Regulation 48 Internal control
In force
Regulation 49 Internal audit
In force
Regulation 50 Actuarial function
In force
Regulation 51 Outsourcing
Chapter 3 Public disclosure (regs. 52-58)
In force
Regulation 52 Report on solvency and financial condition: contents
In force
Regulation 53 Report on solvency and financial condition: transitional deadlines
In force
Regulation 54 Information for EIOPA
In force
Regulation 55 Report on solvency and financial condition: applicable principles
In force
Regulation 56 Report on solvency and financial condition: updates and additional voluntary information
In force
Regulation 57 Report on solvency and financial condition: policy and approval
In force
Regulation 58 Annual reports
Chapter 4 Qualifying holdings (regs. 59-75)
In force
Regulation 59 Interpretation
In force
Regulation 60 Acquisitions
In force
Regulation 61 Disposals
In force
Regulation 62 Insurance and reinsurance undertakings to provide information on certain acquisitions and disposals
In force
Regulation 63 Period for assessment of proposed acquisition
In force
Regulation 64 Assessment of proposed acquisitions
In force
Regulation 65 Bank to co-operate with other authorities
In force
Regulation 66 Bank may fix period for completion of acquisition
In force
Regulation 67 Notice of Bank's decision
In force
Regulation 68 Bank may oppose certain acquisitions
In force
Regulation 69 Decision to oppose proposed acquisition to be appealable
In force
Regulation 70 Circumstances in which proposed acquisition may not be completed
In force
Regulation 71 Effect of Companies Act 2014
In force
Regulation 72 Insurance and reinsurance undertakings to provide information about shareholdings etc
In force
Regulation 73 Power of Court to make certain orders
In force
Regulation 74 Determination of voting rights for certain purposes
In force
Regulation 75 Notifications submitted before 1 January 2016
Part 5 Exchange of information and promotion of supervisory convergence (regs. 76-77)
In force
Regulation 76 Co-operation with EIOPA
In force
Regulation 77 Exchange of information with other authorities
Part 6 Duties of auditors (reg. 78)
In force
Regulation 78 Duties of auditors
Part 7 Pursuit of life and non-life activity (regs. 79-81)
In force
Regulation 79 Pursuit of life and non-life insurance activity
In force
Regulation 80 Separation of life and non-life insurance management
In force
Regulation 81 Linked life insurance and non-life insurance undertakings
Part 8 Valuation of assets and liabilities, technical provisions, own funds, solvency capital requirement, minimum capital requirement and investment rules (regs. 82-140)
Chapter 1 Valuation of assets and liabilities (reg. 82)
In force
Regulation 82 Valuation of assets and liabilities
Chapter 2 Technical provisions (regs. 83-101)
In force
Regulation 83 General provisions
In force
Regulation 84 Calculation of technical provisions
In force
Regulation 85 Extrapolation of relevant risk-free interest rate term structure
In force
Regulation 86 Matching adjustment to relevant risk-free interest rate term structure
In force
Regulation 87 Calculation of matching adjustment
In force
Regulation 88 Volatility adjustment to relevant risk-free interest rate term structure
In force
Regulation 89 Technical information produced by EIOPA
In force
Regulation 90 Review of long-term guarantee measures and measures on equity risk
In force
Regulation 91 Other elements to be taken into account in calculation of technical provisions
In force
Regulation 92 Valuation of financial guarantees and contractual options included in insurance and reinsurance contracts
In force
Regulation 93 Segmentation
In force
Regulation 94 Recoverables from reinsurance contracts and special purpose vehicles
In force
Regulation 95 Data quality and application of approximations, including case-by-case approaches, for technical provisions
In force
Regulation 96 Comparison against experience
In force
Regulation 97 Appropriateness of level of technical provisions
In force
Regulation 98 Increase of technical provisions
In force
Regulation 99 Transitional measure on risk-free interest rates
In force
Regulation 100 Transitional deduction
In force
Regulation 101 Phasing-in plan on transitional measures
Chapter 3 Own funds (regs. 102-112)
Determination of own funds (regs. 102-106)
In force
Regulation 102 Own funds
In force
Regulation 103 Basic own funds
In force
Regulation 104 Ancillary own funds
In force
Regulation 105 Supervisory approval of ancillary own funds
In force
Regulaion 106 Surplus funds
Classification of own funds (regs. 107-111)
In force
Regulation 107 Characteristics and features used to classify own funds into tiers
In force
Regulation 108 Main criteria for classification into tiers
In force
Regulation 109 Transitional provision for own funds
In force
Regulation 110 Classification of own funds into tiers
In force
Regulation 111 Classification of specific insurance own-fund items
Eligibility of own funds (reg. 112)
In force
Regulation 112 Eligibility and limits applicable to Tiers 1, 2 and 3
Chapter 4 Solvency Capital Requirement (regs. 113-138)
General provisions (regs. 113-115)
In force
Regulation 113 General
In force
Regulation 114 Calculation of Solvency Capital Requirement
In force
Regulation 115 Frequency of calculation etc
Standard formula (regs. 116-124)
In force
Regulation 116 Structure of standard formula
In force
Regulation 117 Design of Basic Solvency Capital Requirement
In force
Regulation 118 Transitional provisions on standard parameters
In force
Regulation 119 Calculation of Basic Solvency Capital Requirement
In force
Regulation 120 Calculation of equity risk sub-module: symmetric adjustment mechanism
In force
Regualtion 121 Capital requirement for operational risk
In force
Regulation 122 Adjustment for loss-absorbing capacity of technical provisions and deferred taxes
In force
Regulation 123 Simplifications in standard formula
In force
Regulation 124 Significant deviations from assumptions underlying standard formula calculation
Internal model (regs. 125-138)
In force
Regulation 125 General provisions for approval of full and partial internal models
In force
Regulation 126 Specific provisions for approval of partial internal models
In force
Regulation 127 Policy for changing full and partial internal models
In force
Regulation 128 Responsibilities of board of directors
In force
Regulation 129 Reversion to standard formula
In force
Regulation 130 Non-compliance
In force
Regulation 131 Significant deviations from assumptions underlying standard formula calculation
In force
Regulation 132 Use test
In force
Regulation 133 Statistical quality standards
In force
Regulation 134 Calibration standards
In force
Regulation 135 Profit and loss attribution
In force
Regulation 136 Validation standards
In force
Regulation 137 Documentation standards
In force
Regulation 138 External models and data
Chapter 5 Minimum Capital Requirement (regs. 139-140)
In force
Regulation 139 General provisions
In force
Regulation 140 Calculation of Minimum Capital Requirement
Part 9 Investments (regs. 141-143)
In force
Regulation 141 Prudent person principle
In force
Regulation 142 Limits on freedom of investment
In force
Regulation 143 Investment in tradable securities or other financial instruments based on repackaged loans
Part 10 Undertakings in Difficulty or in Irregular Situation (regs. 144-153)
In force
Regulation 144 Identification and notification of deteriorating financial conditions by undertaking
In force
Regulation 145 Non-compliance with technical provisions
In force
Regulation 146 Non-compliance with Solvency Capital Requirement
In force
Regulation 147 Derogation from non-compliance with Solvency Capital Requirement
In force
Regulation 148 Non-compliance with Minimum Capital Requirement
In force
Regulation 149 Transitional arrangements regarding compliance with Minimum CapitalRequirement
In force
Regulation 150 Prohibition of free disposal of assets located within the State
In force
Regulation 151 Supervisory powers in deteriorating financial conditions
In force
Regulation 152 Recovery plan and finance scheme
In force
Regulation 153 Withdrawal of authorisation
Part 11 Right of establishment and freedom to provide services (regs. 154-175)
Chapter 1 Establishment by insurance undertakings (regs. 154-159)
In force
Regulation 154 Branch establishment in another Member State
In force
Regulation 155 Communication of information to other Member State
In force
Regulation 156 Change of particulars where the State is home Member State
In force
Regulation 157 Branch establishment in the State
In force
Regulation 158 Change of particulars where the State is host Member State
In force
Regulation 159 Rights acquired by existing branches
Chapter 2 Freedom of insurance undertakings to provide services (regs. 160-164)
General (regs. 160-163)
In force
Regulation 160 Prior notification of intention to do business in another Member State
In force
Regulation 161 Changes in nature of risks or commitments
In force
Regulation 162 Carrying on business in the State
In force
Regulation 163 Rights acquired by existing insurance undertakings
Third party motor vehicle liability (reg. 164)
In force
Regulation 164 Compulsory insurance on third party motor vehicle liability
Chapter 2A Notification and collaboration platforms (regs. 164A-164B)
In force
Regulation 164A Notification
In force
Regulation 164B Collaboration platforms
Chapter 3 Competencies of supervisory authorities of host Member State (regs. 165-172)
Insurance (regs. 165-170)
In force
Regulation 165 Language
In force
Regulation 166 Prior notification and prior approval
In force
Regulation 167 Non-compliant insurance undertakings authorised in another Member State
In force
Regulation 168 Non-compliant insurance undertakings authorised by Bank
In force
Regulation 169 Advertising
In force
Regulation 170 Taxes on premiums
Reinsurance (regs. 171-172)
In force
Regulation 171 Non-compliant reinsurance undertakings authorised in another Member State
In force
Regulation 172 Non-compliance by reinsurance undertaking authorised by Bank
Chapter 4 Statistical information (reg. 173)
In force
Regulation 173 Statistical information on cross-border activities
Chapter 5 Winding-up proceedings (regs. 174-175)
In force
Regulation 174 Winding-up of insurance undertakings
In force
Regulation 175 Winding-up of reinsurance undertakings
Part 12 Branches of undertakings established outside European Union (regs. 176-188)
Chapter 1 Taking up of business (regs. 176-184)
In force
Regulation 176  Principle of authorisation and conditions
In force
Regulation 177 Scheme of operations of branch
In force
Regulation 178 Transfer of portfolio
In force
Regulation 179 Technical provisions
In force
Regulation 180 Solvency Capital Requirement and Minimum Capital Requirement
In force
Regulation 181 Advantages to undertakings authorised in more than one Member State
In force
Regulation 182 Accounting, prudential and statistical information and undertakings in difficulty
In force
Regulation 183 Separation of non-life and life business
In force
Regulation 184 Withdrawal of authorisation for undertakings authorised in more than one Member State
Chapter 2 Reinsurance (regs. 185-186)
In force
Regulation 185 Equivalence
In force
Regulation 186 Principle and conditions for conducting reinsurance activity
Chapter 3 Subsidiaries (regs. 187-188)
In force
Regulation 187 Information from Member States to Commission and EIOPA
In force
Regulation 188 Third-country treatment of Community insurance and reinsurance undertakings
Part 13 Applicable law and conditions of direct insurance contracts (regs. 189-194)
Chapter 1 Compulsory insurance (reg. 189)
In force
Regulatiion 189 Related obligations
Chapter 2 Conditions of insurance contracts and scales of premiums (regs. 190-191)
In force
Regulation 190 Non-life insurance
In force
Regulation 191 Life insurance
Chapter 3 Information for policy holders (regs. 192-194)
Non-life insurance (regs. 192-193)
In force
Regulation 192 General information for policy holders
In force
Regulation 193 Additional information in case of non-life insurance offered under right of establishment or freedom to provide services
Life insurance (reg. 194)
In force
Regulation 194 Cancellation period
Part 14 Provisions specific to non-life insurance (regs. 195-211)
Chapter 1 General provision (reg. 195)
In force
Regulation 195 Policy conditions
Chapter 2 Community co-insurance (reg. 196-203)
In force
Regulation 196 Community co-insurance operations
In force
Regulation 197 Rules that are to apply only to leading insurance undertaking
In force
Regulation 198 Participation in Community co-insurance
In force
Regulation 199 Technical provisions
In force
Regulation 200 Statistical data
In force
Regulation 201 Treatment of co-insurance contracts in winding-up proceedings
In force
Regulation 202 Exchange of information between supervisory authorities
In force
Regulation 203 Co-operation on implementation
Chapter 3 Legal expenses insurance (regs. 204-210)
In force
Regulation 204 Scope of Chapter
In force
Regulation 205 Separate contracts
In force
Regulation 206 Management of claims
In force
Regulation 207 Free choice of lawyer
In force
Regulation 208 Exception to free choice of lawyer
In force
Regulation 209 Arbitration
In force
Regulation 210 Conflict of interest
Chapter 4 Health insurance (reg. 211)
In force
Regulation 211 Health insurance as an alternative to social security
Part 15 Provisions specific to life insurance (reg. 212)
In force
Regulation 212 Premiums for new business
Part 16 Provisions specific to reinsurance (regs. 213-214)
In force
Regulation 213 Finite reinsurance
In force
Regulation 214 Special purpose vehicles
Part 17 Supervision of insurance and reinsurance undertakings in a group (regs. 215-268)
Chapter 1 Definitions and scope (regs. 215-220)
In force
Regulation 215 Definitions
In force
Regulation 216 Cases of application of group supervision
In force
Regulation 217 Scope of group supervision
In force
Regulation 218 Ultimate parent undertaking at EU level
In force
Regulation 219 Ultimate parent undertaking at national level
In force
Regulation 220 Parent undertaking covering several Member States
Chapter 2 Financial position (regs. 221-247)
Group solvency (regs. 221-244)
In force
Regulation 221 Supervision of group solvency
In force
Regulation 222 Frequency of calculation
In force
Regulation 223 Choice of method of calculation
In force
Regulation 224 Inclusion of proportional share
In force
Regulation 225 Elimination of double use of eligible own funds
In force
Regulation 226 Elimination of the intra-group creation of capital
In force
Regulation 227 Valuation
In force
Regulation 228 Related insurance undertakings and reinsurance undertakings
In force
Regulation 229 Intermediate insurance holding companies
In force
Regulation 230 Equivalence concerning related third-country insurance undertakings and reinsurance undertakings
In force
Regulation 231 Related credit institutions, investment firms and financial institutions
Entered into force
Regulation 232 Non-availability of necessary information
In force
Regulation 233 Calculation method 1 (default method): accounting consolidation-based method
In force
Regulation 234 Group internal model
In force
Regulation 235 Transitional measure on partial internal group model
In force
Regulation 236 Group capital add-on
In force
Regulation 237 Calculation method 2 (alternative method): deduction and aggregation method
In force
Regulation 238 Group solvency of insurance holding company or mixed financial holding company
In force
Regulaion 239 Subsidiaries of insurance or reinsurance undertaking: conditions
In force
Regulation 240 Subsidiaries of insurance or reinsurance undertaking: decision on application
In force
Regulation 241 Subsidiaries of insurance or reinsurance undertaking: determination of Solvency Capital Requirement
In force
Regulation 242 Subsidiaries of an insurance or reinsurance undertaking: non-compliance with the Solvency and Minimum Capital Requirements
In force
Regulation 243 Subsidiaries of insurance or reinsurance undertaking: end of derogations for subsidiary
In force
Regulation 244 Subsidiaries of an insurance holding company or mixed financial holding company
Risk concentration and intra-group transactions (regs. 245-246)
In force
Regulation 245 Supervision of risk concentration
In force
Regulation 246 Supervision of intra-group transactions
Risk management and internal control (reg. 247)
In force
Regulation 247 Supervision of system of governance
Chapter 3 Measures to facilitate group supervision (regs. 248-263)
In force
Regulation 248 Group supervisor
In force
Regulation 249 Rights and duties of group supervisor and other supervisors
In force
Regulation 250 Co-operation and exchange of information between supervisory authorities
In force
Regulation 251 Consultation between supervisory authorities
In force
Regulation 252 Requests from group supervisor to other supervisory authorities
In force
Regulation 253 Co-operation with authorities responsible for credit institutions and investment firms
In force
Regulation 254 Professional secrecy and confidentiality
In force
Regulation 255 Access to information
In force
Regulation 256 Annual and quarterly information: transitional deadlines
In force
Regulation 257 Verification of information
In force
Regulation 258 Group solvency and financial condition report
In force
Regulation 259 Group solvency and financial condition report: transitional deadlines
In force
Regulation 260 Group structure
In force
Regulation 261 Persons running insurance holding companies and mixed financial holding companies to be fit and proper
In force
Regulation 262 Qualifications, reputation and experience of persons running insurance holding companies and mixed financial holding companies
In force
Regulation 263 Enforcement measures
Chapter 4 Third countries (regs. 264-267)
In force
Regulation 264 Parent undertakings outside EU: verification of equivalence
In force
Regulation 265 Parent undertakings outside EU: equivalence
In force
Regulation 266 Parent undertakings outside EU: absence of equivalence
In force
Regulation 267 Parent undertakings outside EU: levels
Chapter 5 Mixed-activity insurance holding companies (reg. 268)
In force
Regulation 268 Intra-group transactions
Part 18 Reorganisation and winding-up of insurance undertakings (regs. 269-299)
Chapter 1 Scope and definitions (regs. 269-270)
In force
Regulation 269 Scope of Part
In force
Regulation 270 Definitions
Chapter 2 Reorganisation measures (regs. 271-274)
In force
Regulation 271 Adoption of reorganisation measures - applicable law
In force
Regulation 272 Information to supervisory authorities
In force
Regulation 273 Publication of decisions on reorganisation measures
In force
Regulation 274 Information to known creditors - right to lodge claims
Chapter 3 Winding-up proceedings (regs. 275-284)
In force
Regulation 275 Commencement of winding-up proceedings
In force
Regulation 276 Information to supervisory authorities
In force
Regulation 277 Treatment of insurance claims
In force
Regulation 278 Provisions supplementary to Regulation 277
In force
Regulation 279 Withdrawal of authorisation
In force
Regulation 280 Publication of decisions on winding-up proceedings
In force
Regulation 281 Information to known creditors
In force
Regulation 282 Right to lodge claims
In force
Regulation 283 Languages and form
In force
Regulation 284 Regular information to creditors
Chapter 4 Common provisions (regs. 285-299)
In force
Regulation 285 Effects on certain contracts and rights
In force
Regulation 286 Rights in rem of third parties
In force
Regulation 287 Reservation of title
In force
Regulation 288 Set-off
In force
Regulation 289 Regulated markets
In force
Regulation 290 Regulations 286 to 289: savings
In force
Regulation 291 Detrimental acts
In force
Regulation 292 Protection of third-party purchasers
In force
Regulation 293 Lawsuits pending
In force
Regulation 294 Administrators and liquidators: proof of appointment
In force
Regulation 295 Administrators and liquidators: exercise of powers in other Member States
In force
Regulation 296 Administrators and liquidators: exercise of powers in the State
In force
Regulation 297 Registration in public register
In force
Regulation 298 Professional secrecy
In force
Regulation 299 Treatment of branches of third-country insurance undertakings
Part 19 Other provisions (regs. 300-318)
Chapter 1 Offences (regs. 300-306)
In force
Regulation 300 Offence of making false or misleading application for authorisation
In force
Regulation 301 Advertising offence
In force
Regulation 302 Offence of providing false or misleading information
In force
Regulation 303 Liability of officers of undertaking for offences committed by undertaking
In force
Regulation 304 Summary proceedings
In force
Regulation 305 Penalties for offences
In force
Regulation 306 Continuing contravention
Chapter 2 Co-operation, fees and notices (regs. 307-309)
In force
Regulation 307 Co-operation between Member States and Commission
In force
Regulation 308 Bank's power to charge fees
In force
Regulation 309 Service of notice or other document by the Bank
Chapter 3 Amendments (regs. 310-318)
In force
Regulation 310 Insurance Act 1936
In force
Regulation 311 Amendments of Central Bank Act 1942
In force
Regulation 312 Amendment of Insurance Act 1964
In force
Regulation 313 Amendments of Insurance (No. 2) Act 1983
In force
Regulation 314 Amendments of Insurance Act 1989
In force
Regulation 315 Amendment of Central Bank Act 1997
In force
Regulation 316 Amendment of Companies Act 2014
In force
Regulation 317 Amendment of European Communities (Fourth Motor Insurance Directive) Regulations 2003
In force
Regulation 318 Transitional provisions
Schedule 1 Classes of non-life insurance
In force
Schedule 1, Part 1 Classes
In force
Schedule 1, Part 2 Authorisations for more than one class of insurance
In force
Schedule 2 Classes of life insurance
Schedule 3 Solvency Capital Requirement (SCR) Standard Formula
In force
Schedule 3, Part 1 Calculation of the Basic Solvency Capital Requirement
In force
Schedule 3, Part 2 Calculation of the non-life underwriting risk module
In force
Schedule 3, Part 3 Calculation of the life underwriting risk module
In force
Schedule 3, Part 4 Calculation of the market risk module
Given under