Financial Services and Markets Act 2000

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 any of the conditions in sub-paragraphs (2), (3) or (4) is met in relation to it.U.K.

(2)The transferor is an EEA firm falling within paragraph 5(d) [F1or (da)] of Schedule 3 and the transferee is an authorised person whose margin of solvency is supervised by the [F2FCA or the PRA].

[F3(3)The transferor is a company authorised in an EEA State other than the United Kingdom under Article 162 of the Solvency 2 Directive and the transferee is a UK authorised person which has received authorisation under Article 14 of the Solvency 2 Directive.]

[F4(4)The transferor is a Swiss general insurer and the transferee is a UK authorised person which has received authorisation under Article 14 of the Solvency 2 Directive.]

(5)In relation to a proposed transfer to which this paragraph applies, the [F5regulator 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 [F6FCA 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.