TITLE IIICONDITIONS GOVERNING THE BUSINESS OF REINSURANCE

CHAPTER 3Rules relating to the solvency margin and to the guarantee fund

Section 2Required solvency margin

Article 39Required solvency margin for a reinsurance undertaking simultaneously conducting non-life and life reinsurance

1.

The home Member State shall require every reinsurance undertaking conducting both non-life and life reinsurance business to have an available solvency margin to cover the total sum of required solvency margins in respect of both non-life and life reinsurance activities which shall be determined in accordance with Articles 37 and 38 respectively.

2.

If the available solvency margin does not reach the level required in paragraph 1 of this Article, the competent authorities shall apply the measures provided for in Articles 42 and 43.