2017-10-12

Regulations amending Finansinspektionen’s regulations on non-life insurance contingency reserves (FFFS 2015:19)

Finansinspektionen issued these regulations to amend the standard rules for non-life insurance undertakings regarding the calculation of contingency reserves. The document updates Chapter 2, Section 4 by prescribing specific mathematical formulas for determining maximum branch amounts based on premium income and outstanding claims across various insurance categories. It also inserts a new Chapter 4, Section 3 that permits undertakings to utilize contingency reserves to cover solvency capital shortfalls, provided they notify the regulator beforehand. These provisions entered into force on January 1, 2016, with specific calculation rules applying from January 1, 2020.

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Finansinspektionen’s Regulatory Code Publisher: Finansinspektionen, Sweden, www.fi.se ISSN 1102-7460 This translation is furnished for information purposes only and is not itself a legal document. 1 Regulations amending Finansinspektionen’s regulations and general guidelines (FFFS 2013:8) regarding standard regulations for non-life insurance undertakings’ calculation of contingency reserves; decided 25/11/2015. Finansinspektionen prescribes the following pursuant to the Authorisation for Issuance of Contingency Reserves in Non-life Insurance Undertakings by Finansinspektionen Ordinance (2000:1127) in part that Chapter 1, section 1, Chapter 2, section 4 and the title for Chapter 4 shall have the following wording, and in part that a new section, Chapter 4, section 3, shall be inserted with the following wording. Chapter 1 Section 1 These regulations and general guidelines apply to non-life insurance undertakings that conduct non-life insurance business in accordance with the Insurance Business Act (2010:2043). The regulations shall also be applied to non-life insurance business that foreign insurers conduct in a branch in Sweden and that is covered by Chapter 39, sections 6 and 8 of the Income Tax Act (1999:1229). Chapter 2 Section 41 To determine the maximum amount for a branch of insurance, the following formulas apply. The premium income is indicated by P and provisions for outstanding claims by E. a. Direct insurance in Sweden, excluding credit insurance and suretyship insurance Insurance related to: – Sickness and accident insurance: 0.10P+0.20E – Worker's compensation insurance: 0.00P+0.45E

1 Under the amendment, the third paragraph is repealed. FFFS 2015:19 Published 07/12/2015

FFFS 2015:19 2 – Home insurance: 0.50P+0.25E – Commercial property and casualty insurance: 0.50P+0.20E – Motor vehicle insurance: 0.75P+0.40E – Third party motor insurance: 0.25P+0.15E – Marine insurance: 2.00P+0.20E – Aviation insurance: 2.00P+0.15E – Transport insurance: 0.50P+0.40E – Redundancy-pay insurance: 0.30P+0.15E – Hail damage insurance: 1.20P+0.15E – Livestock and domestic animal insurance: 0.50P+1.00E – unemployment insurance: 3.00P+0.00E b. Direct insurance abroad, excluding credit insurance and suretyship insurance Direct insurance provided by a Swedish non-life insurance undertaking through cross-border operations or from a fixed place of business (branch office or agency) abroad: 1.50P+0.45E c. Direct credit and suretyship insurance in Sweden or abroad 6.00P+0.00E d. Accepted reinsurance Where reinsurance is ceded by a Swedish insurance undertaking that is a part of the same group as the accepting non-life insurance undertaking, the same formula applies for the maximum amounts as that applicable if the transaction had been retained in the ceding undertaking, i.e. according to items a, b or c. Group refers here to a group as defined in the Swedish Companies Act (2005:551), the Economic Associations Act (1987:667) or the Insurance Business Act (2010:2043). Otherwise, the following applies: – credit reinsurance: 6.00P+0.00E – other insurance: 1.50P+0.45E Chapter 4 Special provisions regarding the contingency reserve Section 3 If a non-life insurance undertaking does not fulfil the solvency capital requirement in accordance with Chapter 8 of the Insurance Business Act (2010:2043), the undertaking may utilise all or part of the contingency reserve to cover the shortfall.

FFFS 2015:19 3 A non-life insurance undertaking shall notify Finansinspektionen before utilising the contingency reserve in accordance with the first paragraph.


These regulations enter into force on 1 January 2020 in respect of Chapter 2, section 4 and on 1 January 2016 for the remainder of the regulations and apply to the financial year that commences on each respective date of entry or later. ERIK THEDÉEN Sabina Arama Ström