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Version date: 1 August 2004 - onwards
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Schedule 2, Part 6 Amendment of European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994)

 Section 10(3).

Item

Provision affected

Amendment

1.

Article 5

Repeal the Article.

2.

Article 36

Substitute the following Article for Article 36:

 

 

"Failure to comply with technical reserves requirements (including mathematical reserves).

36. (1) If an insurance undertaking whose head office is located in the State fails to comply with Article 12, the Bank may, after notifying the supervisory authorities of the Member States in which the commitments underwritten by the undertaking exist, give the undertaking a direction in writing prohibiting it from freely disposing of its assets.

 

 

(2) If the solvency margin of an insurance undertaking whose head office is located in the State falls below the minimum amount required under sub-article 2 (ii) of Article 7, the Bank shall give the undertaking a direction in writing requiring the undertaking to submit to the Bank for its approval a plan for restoring the undertaking to a sound financial

Comparing proposed amendment...