Coverage regulatory information, October 2020 # 4 | Hogan Lovells

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The latest regulatory developments of curiosity to insurers and their intermediaries. Features updates from the Uk PRA and FCA, and HM Treasury’s simply call for evidence on the assessment of British isles Solvency II. See also our Basic regulatory information in the Associated Materials hyperlinks.

Contents

  • Brexit: PRA and FCA Expensive CEO letter on final preparations for conclude of transition time period
  • COVID-19: FCA update on BI coverage examination scenario
  • Uk Solvency II review: HM Treasury phone for evidence

Brexit: PRA and FCA Expensive CEO letter on last preparations for end of transition period of time

The United kingdom Prudential Regulation Authority (PRA) and Fiscal Perform Authority (FCA) have printed a joint Dear CEO letter that they have sent to coverage companies concerning final preparations for the conclusion of the Brexit transition period.

In the letter, the regulators condition it is critical that firms carry on to make on their preparatory operate to make sure that they, and, to the extent achievable, their customers, are all set for a vary of scenarios at the finish of the changeover period of time. Final ways by person firms are necessary to guarantee their preparedness. Actions will range involving companies and may vary concerning United kingdom companies and EEA corporations running in the United kingdom.

The Expensive CEO letter sets out essential parts necessitating closing preparations, such as:

  • contingency organizing and continuity of cross-border enterprise in regard of EU liabilities
  • the conditional Component VII “preserving provision”, which presents up to two decades from the conclusion of the transition period of time for events to attain a British isles court purchase under the Monetary Expert services and Marketplaces Act (FSMA) sanctioning the transfer of insurance business enterprise
  • information, specially in the absence of a knowledge adequacy conclusion
  • EEA financial institution account closures
  • EEA passporting companies and
  • momentary permissions regime (TPR) firms’ Part 4A software for authorisation submission timeline.

This is not an exhaustive listing of all the issues that may occur. The PRA and FCA admit that they are conscious coverage corporations are also working on other issues joined to the stop of the transition period of time. Their expectation is that companies will continue these efforts to address firm-particular threats and that they will continue to keep FCA and PRA supervisors informed.

In a associated statement, the FCA indicates that other firms could find it handy to think about this Expensive CEO letter to insurers, the Expensive CEO letter despatched to banking companies, and statements issued by the Money Policy Committee (FPC) and the European Supervisory Authorities (ESAs) (connected in the assertion), to support them put together for the conclusion of the transition period.

COVID-19: FCA update on BI insurance coverage take a look at case

The FCA has updated its webpage on the business enterprise interruption (BI) coverage take a look at case to publish, amid other items, the Significant Court docket declarations manufactured in the exam scenario, and the apps by the FCA and other people for permission to charm to the Supreme Court docket.

Uk Solvency II critique: HM Treasury get in touch with for proof

HM Treasury has released a call for proof relating to its critique of the Solvency II routine for insurance coverage firms. The purpose of the critique is to ensure that the UK’s prudential regulatory regime for the insurance policy sector is much better tailor-made to aid the unique capabilities of the sector and the British isles regulatory strategy. When the federal government and the PRA keep on to assistance the fundamental concepts and framework fundamental the EU Solvency II routine, they look at that there are particular areas of the routine that could much better reflect the specific buildings, products and small business products of the United kingdom coverage sector.

The evaluate will contemplate how the present-day prudential regulatory framework can be improved to guarantee that it gives for an proper amount of cash for the full insurance coverage sector, a high degree of policyholder defense and appropriate benchmarks of governance, hazard management and transparency. The contact for evidence is the to start with stage of the critique.

The deadline for responses to the simply call for evidence is 19 January 2021.

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