Narzędzia nadzorcze do naprawy zagrożonego niewypłacalnością zakładu ubezpieczeń
Supervisory tools for repairing an insurance company at risk of insolvency

Summary/Abstract: The European Commission presented a proposal for a Directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of insurance and reinsurance undertakings. Legislative work is ongoing. When designing new regulations, it is necessary to take into account the tools that European insurance supervisory authorities already have at their disposal so that both sets do not contain contradictions. It is necessary to integrate all resolution powers into the existing ladder of supervisory interventions under the Solvency II Directive. The basic supervisory measures provided for in the Solvency II Directive, transposed into the Polish legal system by the Actof 11 September 2015 on insurance and reinsurance activity, are a recovery plan in the event of a breach of the SCR; a short-term realistic finance scheme in the event of a breach of the MCR; prohibition of profit distributions in case of violation of the SCR, MCR; appointing an administrator to oversee the implemen- tation of a recovery plan or short-term realistic finance scheme; restriction of free disposal of assets in case of violation of the MCR, withdrawal of authorization; receivership; withdrawal of authorization in one, several or all insurance groups, resulting in the inability to conclude new insurance contracts; prohibition on incurring liabilities in the event of withdrawal of the authorization; transferring the man- agement of the assets of the insurer to a designated person in the event of withdrawal of the authoriza- tion; compulsory winding-up. EIOPA’s data on “Failures and near misses” show that European insurance supervisors were largely able to deal with capital requirement breaches or threats of such breaches. The level of 99,5% certainty that an insurance company will not go bankrupt (recital 64 of the Solvency II Directive) seems to reflect reality quite accurately.

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