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SCHEDULES

SCHEDULE 12U.K. Transfer schemes: certificates

Part IIIU.K. Insurance business transfers effected outside the United Kingdom

10(1)This paragraph applies to a proposal to execute under provisions corresponding to Part VII in a country or territory other than the United Kingdom an instrument transferring all the rights and obligations of the transferor under general or long-term insurance policies, or under such descriptions of such policies as may be specified in the instrument, to the transferee if [F1the condition in sub-paragraph (4)] is met in relation to it.U.K.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(4)The transferor is a Swiss general insurer and the transferee is [F5a UK authorised person as defined in section 105(8)].]

(5)In relation to a proposed transfer to which this paragraph applies, the [F6regulator which supervises the transferee's margin of solvency] may, if it is satisfied that the transferee possesses the necessary margin of solvency, issue a certificate to that effect.

(6)Necessary margin of solvency” means the margin of solvency which the transferee, taking the proposed transfer into account, is required by the [F7FCA or the PRA] to maintain.

(7)Swiss general insurer” has the same meaning as in paragraph 2.

(8)General policy” means a policy evidencing a contract which, if it had been effected by the transferee, would have constituted the carrying on of a regulated activity consisting of the effecting of contracts of general insurance.

(9)Long-term policy” means a policy evidencing a contract which, if it had been effected by the transferee, would have constituted the carrying on of a regulated activity consisting of the effecting of contracts of long-term insurance.