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Article 16

Comparing 30/06/1988 → 11/06/2005: 7 added, 4 removed, 3 changed Close comparison

((a))produce a certificate issued by the competent authorities of the head office Member State attesting that it possesses for its activites as a whole the minimum solvency margin calculated in accordance with Articles 16 and 17 of the first Directive and that the authorization, in accordance with Article 7 (1) of the said Directive, enables the undertaking to operate outside the Member State of establishment

((b))produce a certificate issued by the competent authorities of the Member State of establishment indicating the classes which the undertaking has been authorized to practice and attesting that those authorities do not object to the undertaking providing services

2.Each Member State shall institute the right to apply to the courts in the event of a refusal to issue the certificate referred to in paragraph 1 (a) or 1 (b).

4.This Article shall also apply where the Member State, in the territory of which an undertaking intends to provide services covering risks other than those referred to in Article 5 (d) of the first Directive, does not make access to such activity conditional on administrative authorization.

1.Within one month of the notification provided for in Article 14, the competent authorities of the home Member State shall communicate to the Member State or Member States within the territories of which an undertaking intends to carry on business under the freedom to provide services:

(a)a certificate attesting that the undertaking has the minimum solvency margin calculated in accordance with Articles 16 and 17 of Directive 73/239/EEC;

(b)the classes of insurance which the undertaking has been authorized to offer;

(c)((c)) state the nature of the risks which itthe undertaking proposes to cover in the Member State of the provision of servicesservices.

At the same time, they shall inform the undertaking concerned accordingly.

1. Each Member State within the territory of which an undertaking intendsintends, under the freedom to provide servicesservices, coveringto thecover risks referred to in Articleclass 510 (d)of point A of the firstAnnex to Directive shall73/239/EEC other than carrier's liability may require that the undertaking:

communicate the name and address of the representative referred to in Article 12a (4) of this Directive,

produce a declaration that the undertaking has become a member of the national bureau and national guarantee fund of the Member State of the provision of services.

2.Where the competent authorities of the home Member State do not communicate the information referred to in paragraph 1 within the period laid down, they shall give the reasons for their refusal to the undertaking within that same period. That refusal shall be subject to a right to apply to the courts in the home Member State.

3.The undertaking may commencestart activitiesbusiness as fromon the certified date on which theit authoritiesis informed of the Membercommunication Stateprovided of provision of services arefor in possessionthe first subparagraph of the documents referred to in paragraph 1.

Official text · consolidated version 11/06/2005 (in force) Open full page ↗
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