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Directive 2009/138/EC of the European Parliament and of the CouncilShow full title
Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (Text with EEA relevance)
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- Revised 13/01/20192.65 MB
- Revised 09/07/20182.68 MB
- Revised 12/01/20172.47 MB
- Revised 31/03/20151.88 MB
- Revised 23/05/20142.78 MB
- Revised 19/12/20132.57 MB
- Revised 01/07/20132.56 MB
- Revised 15/09/20122.56 MB
- Revised 09/12/20112.55 MB
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Changes over time for: Article 139
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Article 139U.K.Non-Compliance with the Minimum Capital Requirement
1.Insurance and reinsurance undertakings shall inform the supervisory authority immediately where they observe that the Minimum Capital Requirement is no longer complied with or where there is a risk of non-compliance in the following three months.
2.Within one month from the observation of non-compliance with the Minimum Capital Requirement, the insurance or reinsurance undertaking concerned shall submit, for approval by the supervisory authority, a short-term realistic finance scheme to restore, within three months of that observation, the eligible basic own funds, at least to the level of the Minimum Capital Requirement or to reduce its risk profile to ensure compliance with the Minimum Capital Requirement.
3.The supervisory authority of the home Member State may also restrict or prohibit the free disposal of the assets of the insurance or reinsurance undertaking. It shall inform the supervisory authorities of the host Member States accordingly. At the request of the supervisory authority of the home Member State, those authorities shall, take the same measures. The supervisory authority of the home Member State shall designate the assets to be covered by such measures.
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