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引用次数: 0
摘要
欧盟保险和再保险审慎监管框架--偿付能力 II 框架以各种形式存在等效概念。虽然《偿付能力 II》中的等效性并不给予或不应等同于利用《偿付能力 II》中等效性工具的市场参与者的市场准入,但等效性在保险中发挥着重要作用,特别是在集团层面的偿付能力资本计算、集团监管以及《偿付能力 II》下再保险的认可方面。由此可以得出结论,等效性是当前框架的重要组成部分。本文讨论了等效性在框架和实践中的应用,虽然应用可能很复杂,但却是不可或缺的。同时,《偿付能力 II》框架内或更广泛的国际层面上的其他机制也影响着当前的状况,并可能影响等效性在未来的发展。虽然从本质上讲,等效性也有政治因素,但这些工具仍以(详细的)偿付能力 II 规则为坚实基础,并在实践中相应应用。
The concept of equivalence is present in various forms in the Solvency II framework, the EU prudential regulatory framework for insurance and reinsurance. While equivalence in Solvency II does not grant, or should not be equated to, market access for market participants that make use of the equivalence instruments within Solvency II, equivalence plays an important role in insurance, in particular in the solvency capital calculation at group level, in group supervision and for the recognition of reinsurance under Solvency II. The conclusion can be drawn that equivalence is an essential building block of the current framework. The application of equivalence in the framework and in practice is discussed in this contribution, and while the application might be complex, it is indispensable. At the same time, other mechanisms, either within the Solvency II framework or more broadly at international level, influence the current state and might affect the evolution of equivalence going forward. While, inherently, there is a political component to equivalence as well, the instruments remain firmly based in (detailed) Solvency II rules and are applied accordingly in practice.
期刊介绍:
The European Business Organization Law Review (EBOR) aims to promote a scholarly debate which critically analyses the whole range of organizations chosen by companies, groups of companies, and state-owned enterprises to pursue their business activities and offer goods and services all over the European Union. At issue are the enactment of corporate laws, the theory of firm, the theory of capital markets and related legal topics.