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Article 277 - Assessment of a significant deviation as regards the governance

Comparing 18/01/2015 → 02/04/2016: 0 added, 0 removed, 5 changed Close comparison

For the purposes of Article 37(1)(c) of Directive 2009/138/EC, in concluding that the system of governance of an insurance or reinsurance undertaking deviates significantly from the standards laid down in Title I, Chapter IV, Section 2 of that Directive, supervisory authorities shall take into account all relevant factors including all of the following:

(a)((a)) the effect of the deviation from the governance standards as laid down in Title I, Chapter IV, Section 2 of Directive 2009/138/EC on the sound and prudent management of the business and whether the deviation arises from an inadequate implementation of a requirement relating to the system of governance or a failure to implement such a requirement;

(b)((b)) the likelihood and severity of any adverse impact on policyholders and beneficiaries;

(c)((c)) the different ways of organising an effective system of governance which is proportionate to the nature, scale and complexity of the risks inherent in the business of the undertaking;

(d)((d)) the probable financial loss the undertaking could incur as a consequence of the deviation;

(e)((e)) the anticipated duration of the deviation.

Official text · consolidated version 02/04/2016 (no longer in force) Open full page ↗
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