Restrukturyzacja i uporządkowana likwidacja zakładów ubezpieczeń w prawie krajowym Państw Członkowskich UE – analiza porównawcza
Resolution of insurance undertakings in national law of EU Member States – a comparative analysis

Summary/Abstract: One of the key lessons learnt from the global financial crisis is the necessity to introduce resolution reg­ ulations for financial institutions, including insurance undertakings. Even though it has been a decade since the publication of international recommendations on resolution, only three Member States in the European Union have implemented comprehensive resolution frameworks for insurers. The aim of this article is to analyze and compare national legal resolution frameworks adopted in Romania, France and the Netherlands, taking into account the recommendations of the Financial Stability Board. The analysis covers key building blocks of the resolution regulations, i.e. institutional arrangements, plan­ ning, objectives and conditions for resolution, resolution tools and financing. The conducted research shows that in many aspects the analyzed national regulations are similar. Nevertheless, the greatest di­ vergencies have been observed in relation to resolution tools and resolution funding, which suggests the need for a Union harmonized approach towards resolution of insurers.

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