Insurance Regulatory Update, April 2018

AC
Arthur Cox
Contributor
Arthur Cox is one of Ireland’s leading law firms. For almost 100 years, we have been at the forefront of developments in the legal profession in Ireland. Our practice encompasses all aspects of corporate and business law. The firm has offices in Dublin, Belfast, London, New York and Silicon Valley.
This is the new April edition of the Arthur Cox Insurance Regulatory Update, the monthly bulletin of the Arthur Cox Insurance Group focused on recent developments in insurance regulation, law and practice.
Ireland Insurance
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KEY STORIES IN DOMESTIC NEWS

CENTRAL BANK PUBLISHES GUIDANCE ON THE APPROVAL AND SUPERVISION OF SPVs UNDER SOLVENCY II

This guidance, published on 17 April, clarifies that special purpose vehicles (SPVs) (as defined in the European Union (Insurance and Reinsurance) Regulations 2015) proposing to (i) assume risks from a (re)insurer through reinsurance contracts or (ii) assume insurance risks through similar arrangements are required to seek prior authorisation from the Central Bank

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CENTRAL BANK PUBLISHES FEEDBACK ON THEMED INSPECTION OF SOLVENCY II REGULATORY REPORTING

On 16 April, the Insurance Directorate issued a Dear CEO letter outlining the results of its themed inspection of Solvency II regulatory reporting. While many firms are still embedding their regulatory reporting processes and controls, the level of resubmissions remains unacceptably high.

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RESPONSES TO CENTRAL BANK (NATIONAL CLAIMS INFORMATION DATABASE) BILL 2017 CONSULTATION

On the 13 April, the Department of Finance published the responses of key industry stakeholders including Insurance Ireland, ISME, Self-Insured Taskforce and CSNA to the Central Bank's consultation paper. A number of issues were highlighted by Insurance Ireland, who support the establishment of a National Claims Information Database.

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KEY STORIES IN EUROPEAN AND INTERNATIONAL NEWS

EIOPA DEFINES ITS SUPERVISORY CONVERGENCE PRIORITIES

In 2018-2019 EIOPA has identified its top three priority areas:

  • Implementation of the common supervisory culture and new supervisory tools;
  • Risks to the internal market and the level playing field that may lead to supervisory arbitrage; and
  • Supervision of emerging risks

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EIOPA PUBLISHES STRATEGY ON CONDUCT OF BUSINESS SUPERVISION

On 24 April, EIOPA published its strategy for conduct of business supervision, which has been updated to take into account the impact of regulatory developments including the Insurance Distribution Directive (IDD), the regulation on key information documents for packaged retail and insurance-based investment products, the Solvency II Directive and Brexit.

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ECON PUBLISHES DRAFT REPORT ON RELATIONSHIP BETWEEN THE EU AND THIRD COUNTRIES CONCERNING FINANCIAL SERVICES REGULATION AND SUPERVISION

The European Parliament's Committee on Economic and Monetary Affairs (ECON) has published a draft report containing a motion for a European Parliament resolution calling on the Commission to adopt a legislative act establishing a clear legal framework for determining and granting 'equivalence'.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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Insurance Regulatory Update, April 2018

Ireland Insurance
Contributor
Arthur Cox is one of Ireland’s leading law firms. For almost 100 years, we have been at the forefront of developments in the legal profession in Ireland. Our practice encompasses all aspects of corporate and business law. The firm has offices in Dublin, Belfast, London, New York and Silicon Valley.
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