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S.I. No. 437/1986 - European Communities (Life Assurance Accounts, Statements and Valuations) Regulations, 1986.

S.I. No. 437/1986 - European Communities (Life Assurance Accounts, Statements and Valuations) Regulations, 1986. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1986 S.I. No. 437/1986 - European Communities (Life Assurance Accounts, Statements and Valuations) Regulations, 1986. S.I. No. 437/1986 - European Communities (Life Assurance Accounts, Statements and Valuations) Regulations, 1986. AmendmentsLeasuithe ARRANGEMENT OF REGULATIONS. PART I PRELIMINARY Article 1. Citation. 2. Application. 3. Interpretation: General. 4. Direction by the Minister. PART II. GENERAL. 5. Periodic actuarial investigation. 6. Amount of liabilities and value of assets. 7. Accounts and returns laid before Annual General Meeting. 8. Modification of Insurance Acts in relation to accounts and other documents. 9. Deposit of documents with Minister. 10. Lodging of documents; laying before Oireachtas. 11. Penalties. PART III. ACCOUNTS AND STATEMENTS. Article 12. Application. 13. Annual accounts. 14. Contents and form of accounts. 15. Revenue account. 16. Additional information. 17. Profit and loss account. 18. Balance sheet. 19. Periodic actuarial investigation. 20. Signature of documents. 21. Audit and auditors' report. 22. Certificates. 23. Transitional provisions. PART IV. DETERMINATION OF LIABILITIES. 24. Application. 25. Life assurance business. 26. Life assurance liabilities. 27. Nature and term of assets. 28. Avoidance of future valuation strain. 29. Valuation of future premiums. 30. Acquisition expenses. 31. Rates of interest. 32. Rates of mortality and disability. 33. Expenses. 34. Options. 35. Contracts not to be treated as assets. 36. No credit for profits from voluntary discontinuance. PART V. VALUATION OF ASSETS. 37. Interpretation: Part V. 38. Application. 39. Shares in and debts due from dependants. 40. Valuation of assets and liabilities of dependants for the purposes of Article 39. 41. Debts and other rights. 42. Land. 43. Equipment. 44. Unlisted securities. 45. Recognised unit trusts. 46. Listed investments. 47. Life interests, reversionary interests etc. 48. Other assets. 49. Assets to be taken into account only to a specified extent. PART VI. IMPLICIT ITEMS. Article 50. Application. 51. Valuation. 52. Information to be submitted. 53. Future profits: Items comprising the estimated annual profit. 54. Future profits: Average period left to run. 55. Future profits: The multiplying factor. 56. Zillmerising. 57. Hidden reserves. PART VIII. REINSURANCE, MATCHING, LOCALISATION, DOCUMENTS OF TITLE, REGISTER. 58. Interpretation: Part VII. 59. Reinsurance. 60. Matching. 61. Localisation. 62. Documents of title. 63. Register. SCHEDULES Schedule 1 Summary of accounts to be completed annually (Forms 1 to 24). Schedule 2 Forms of account and additional information (Forms 1 to 21). Schedule 3 Certificates by auditors, directors and actuary (Forms 22 to 24). Schedule 4 Abstract of valuation report prepared by the appointed actuary (Forms 25 to 30). Schedule 5 Statement of life assurance business by the appointed actuary (Forms 31 to 44). Schedule 6 Value of dependants. Schedule 7 Assets to be taken into account only to a specified extent. S.I. No. 437 of 1986. EUROPEAN COMMUNITIES (LIFE ASSURANCE ACCOUNTS, STATEMENTS AND VALUATIONS) REGULATIONS, 1986. I, MICHAEL NOONAN, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and the Industry, Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1986 (S.I. 41 of 1986), and for the purpose of giving effect to Council Directive 79/267/EEC* hereby make the following Regulations: *OJ L63, 13.3.1979, pp 1-18. PART I. PRELIMINARY 1 Citation. 1. These Regulations may be cited as the European Communities (Life Assurance Accounts, Statements and Valuations) Regulations, 1986. 2 Application. 2.

(1)These Regulations apply to the accounts, statements and valuations (as hereinafter specified) of every undertaking authorised to transact life assurance business, in respect of the financial year of the undertaking ending in the year in which these Regulations are made (or such later financial year as the Minister may, in respect of a particular undertaking, by direction prescribe) and all subsequent financial years.
(2)These Regulations do not apply to a Community undertaking (other than an Irish head office undertaking) or to a Community deposit undertaking, in relation to life assurance business carried on by it outside the State. 3 Interpretation: General. 3.
(1)In these Regulations, except where the context otherwise requires— "appointed actuary" means the person appointed to act as actuary to an undertaking to carry out any function relating to the business of that undertaking which is required by the Insurance Acts and Regulations to be undertaken by an actuary, being a person having the qualifications and experience prescribed by or under the said Acts and Regulations; "authorisation" means an authorisation under the Regulations of 1984; "capital at risk" has the meaning assigned to it in the Regulations of 1984; "cede" and "cession" in relation to reinsurance, include retrocede and retrocession; "charges for management" means amounts chargeable in respect of the management of an internal linked fund in accordance with the conditions of those contracts of insurance under which property linked benefits are linked to the value of the fund or units of the fund; "claim" means a claim against an undertaking under a contract of insurance; "claims payable" means the amount due to be paid by an undertaking during a financial year in respect of claims whether or not paid during that year; "commission payable" means, in relation to a financial year of an undertaking, the amounts, whether or not paid during that year, which are recorded during that year as due to intermediaries and cedants in respect of the inception, amendment or renewal of contracts of insurance; "community undertaking" means a life assurance undertaking whose head office is in a member State; "community branch undertaking" means a life assurance undertaking having its head office in the territory of another member State; "community deposit undertaking" means a life assurance under-taking whose head office is not situated in the territory of another member State and whose required community minimum solvency margin is supervised in another member State in accordance with Article 30 of the Directive; "contract of insurance" includes a contract of reinsurance; "deposit back arrangement" in relation to any contract of reinsurance means an arrangement whereby an amount is deposited by the reinsurer with the cedant; "designated assets" has the meaning assigned to it in Article 38
(9); "the Directive" means the EEC Council Directive 79/267/EEC; "direction" means a direction issued by the Minister in accordance with Article 4; "External branch undertaking" means a life assurance undertaking whose head office is not situated in the territory of a member State and which is not a Community deposit undertaking or an Irish deposit undertaking; "financial year" means, in relation to an undertaking, the period in respect of which the accounts of the undertaking are made up, whether that period is a year or not; "gross premiums" in relation to a financial year— (
  1. a)means premiums after deduction of discounts, refunds, and rebates of premium but before deduction of premiums for reinsurance ceded and of commission payable by the undertaking, and (
  2. b)includes premiums receivable by the undertaking under reinsurance contracts accepted by the undertaking; "guarantee fund" has the same meaning as in the Regulations of 1984; "implicit items" has the meaning assigned to it in Article 50; "industrial assurance business" has the meaning assigned to it in the Regulations of 1984; "insurance" includes assurance; "the Insurance Acts and Regulations" means the Insurance Acts, 1909 to 1985, regulations made under them and regulations relating to insurance business made under the European Communities Act, 1972 ; "insurance agent" means any person who holds an appointment in writing from an insurer to act on behalf of the insurer in relation to a person proposing to effect a policy of insurance, but does not include an insurance broker or an employee of an insurer when the employee is acting for that insurer; "insurance broker" means an insurance broker or a person acting in an equivalent or corresponding capacity, but does not include an insurance agent or an employee of an insurer when the employee is acting for that insurer; "insurer" means the holder of an authorisation under the Regulations of 1984; "intermediary" means an insurance broker, an insurance agent or a person acting in any equivalent or corresponding capacity and any other person acting on behalf of the holder of an authorisation (other than an employee of such holder), or of another person in relation to the insurance business of such holder; "internal linked fund" means an account to which an undertaking appropriates certain linked assets and which may be sub-divided into units the value of which is determined by the undertaking by reference to the value of those linked assets; "Irish deposit undertaking" means a life assurance undertaking whose head office is not situated in the territory of another member State and whose required community minimum solvency margin is supervised in the State in accordance with Article 30 of the Directive; "Irish head office undertaking" means a life assurance undertaking whose head office is in the State; "life assurance" means insurance of a class specified in Schedule 1 to the Regulations of 1984; "life assurance business assets" and "life assurance business liabilities" mean respectively assets of a life assurance undertaking which are, for the time being, identified as representing the life assurance fund or funds maintained by the undertaking in respect of its life assurance business and liabilities of the undertaking which are attributable to its life assurance business; "life assurance liabilities" means liabilities of a life assurance undertaking arising under or in connection with contracts for life assurance business including liabilities arising from deposit back arrangements; "linked assets" means life assurance business assets of an undertaking which are, for the time being, identified in the records of the undertaking as being assets by reference to the value of which property linked benefits are to be determined; "linked contract" means a contract falling within Class III of life assurance business as specified in Schedule I to the Regulations of 1984 and "non-linked contract" shall be construed accordingly; "management expenses" means expenses incurred in the administration of an undertaking or its business which are not commission payable; "mathematical reserves" means the provision made by a life assurance undertaking to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangements) arising under or in connection with contracts for life assurance business; "minimum guarantee fund" has the same meaning as in the Regulations of 1984; "minimum solvency margin" has the same meaning as in the Regulations of 1984; "the Minister" means the Minister for Industry and Commerce; "permanent health contracts" means contracts falling within Class IV of Schedule I to the Regulations of 1984; "permanent health insurance" has the meaning assigned to it in the Regulations of 1984; "premiums" includes the consideration for the granting of an annuity; "premiums receivable" means— (
  3. a)in the case of a linked contract the liability under which has been valued on the basis of premiums actually received by the undertaking in a financial year, the amount of premiums received in respect of that contract, and (
  4. b)in any other case, the premiums recorded in the undertaking's books, in respect of a financial year as due to it in respect of contracts commencing in that year or contracts commencing in earlier financial years but not accounted for in the undertaking's revenue account prior to that financial year, whether or not received by the undertaking during that financial year, after deducting discounts, refunds and rebates of premiums as recorded in respect of the same period; and for the purpose of determining whether a premium is due no account shall be taken of any credit arrangements made in respect thereof; "profit and loss account" in relation to an undertaking not trading for profit, means an income and expenditure account; "property linked benefits" means benefits provided for under any contract the effecting of which constitutes the carrying on of life assurance business, and which are determined by reference to the value of, or the income from, property of any description (whether or not specified in the contract) or by reference to fluctuations in, or an index of, the value of property of any description (whether or not specified in the contract); "receivable" in relation to income during a financial year, means, unless otherwise specified, such amounts as become due to the undertaking, whether or not received by the undertaking during that year, including (where appropriate) income which has accrued; "the Regulations of 1984" means the European Communities (Life Assurance) Regulations, 1984 (S.I. 57 of 1984); "reinsurance" includes reassurance; "reinsurance" and "reinsurer" include retrocession and retrocessionaire, respectively; "reinsurance premiums payable" means the premiums recorded in an undertaking's books during a financial year as due by it to reinsurers in respect of reinsurance contracts commencing in that year or reinsurance contracts commencing in earlier financial years but not accounted for in the undertaking's revenue account prior to that financial year, whether or not paid by the undertaking during that financial year, after deducting discounts, refunds and rebates of premiums as recorded in the same period, and for the purpose of determining whether a premium is due no account shall be taken of any credit arrangement made in respect thereof; "required minimum solvency margin" means the greater of the appropriate required solvency margin and the amount of the appropriate minimum guarantee fund and "required Community minimum solvency margin" and "required Irish minimum solvency margin" shall be construed accordingly; "supervisory authority" means, in respect of any territory, the authority charged by law with the duty of supervising the activities of undertakings in that territory; "undertaking" means the holder of an authorisation under the Regulations of 1984; "unit of account" for the purposes of the Regulations of 1984 and these Regulations, means the ECU used by the European Monetary Co-operation Fund; the conversion value of which, to the currency of the State, shall be, as from 31 December of each year, the rate published in the Official Journal of the Communities for the last day of the preceding October for which conversion values of the ECU were published for the currencies of all States that were then member States; "the valuation date" in relation to an actuarial investigation, means the date to which the investigation relates; "zillmerising" means the method known by that name for modifying the net premium reserve method of valuing a life assurance policy by increasing the part of the future premiums for which credit is taken so as to allow for initial expenses.
(2)For the purposes of supplying any information under any Schedule to these Regulations (or in any Form therein) words and expressions used in any such Schedule (or in any Form therein) shall, unless otherwise specified, have the meanings assigned to them in the appropriate Part of these Regulations.
(3)In these Regulations, any reference to life assurance business shall, in relation to a Community branch undertaking and a Community deposit undertaking, be taken to refer to life assurance business carried on by it through an agency or branch in the State; and accordingly, any reference to, or requirement imposed in respect of the accounts and balance sheets (including any notes, statements, reports and certificates annexed thereto) shall be taken as referring to, or imposing the requirement in respect of business carried on through that agency or, as the case may be, that branch.
(4)In these Regulations, any reference to life assurance business shall— (
  1. a)in relation to an External branch undertaking, be taken to refer to its entire life assurance business and to any life assurance business carried on by it through an agency or branch in the State; and (
  2. b)in relation to an Irish deposit undertakings, be taken to refer to its entire life assurance business and to any life assurance business carried on by it through an agency or branch in any member State; and accordingly, any reference to, or requirement imposed in respect of, the accounts and balance sheets (including any notes, statements, reports and certificates annexed thereto) relevant to life assurance business shall be taken as referring to or, as the case may be, imposing the requirement in respect of— (
  3. i)accounts prepared in respect of its entire life assurance business, and (
  4. ii)accounts prepared in respect of the life assurance business carried on, in the case of an External branch undertaking, by the agency or branch in the State and, in the case of an Irish deposit undertaking, by the agencies or branches in question in the member State taken together.
(5)In these Regulations, a reference to a Part, Article or Schedule is to a Part, Article or Schedule of these Regulations and a reference to a paragraph is to the paragraph of the Article in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(6)In these Regulations, any reference to a numbered Form is a reference to the Form so numbered in Schedules 1 to 5 below. 4 Direction by the Minister 4.
(1)The Minister may, on the application or with the consent of any undertaking, issue a direction in writing that specified provisions of these Regulations shall not apply to the undertaking or shall apply to it with such modifications as may be specified in the direction.
(2)A direction may be subject to conditions.
(3)A direction may be revoked at any time by the Minister and the Minister may at any time vary the direction on the application or with the consent of the undertaking to which it applies.
(4)A direction shall, subject to paragraph
(3), apply for such period of time as shall be stated in the direction. PART II. GENERAL. 5 Periodic actuarial investigation 5.
(1)Every undertaking which carries on life assurance periodic business— (
  1. a)shall, once in every period of 12 months, cause an investigation to be made into its financial condition in respect of that business by the person who for the time being is its appointed actuary; and (
  2. b)when such an investigation has been made, or when at any other time an investigation into the financial condition of the undertaking has been made with a view to the distribution of profits, or the results of which are made public, shall cause an abstract of the actuary's report of the investigation to be made.
(2)An investigation to which subparagraph
(1)(
  1. b)of this Article relates shall include— (
  2. a)a valuation of the liabilities of the undertaking attributable to its life assurance business; and (
  3. b)a determination of any excess over those liabilities of the assets representing the fund or funds maintained by the undertaking in respect of that business and, where any rights of life assurance policyholders to participate in profits relate to particular parts of such a fund, a determination of any excess of assets over liabilities in respect of each of those parts.
(3)At least once in every period of 5 years an undertaking to which paragraph
(1)applies shall prepare a statement of its life assurance business at the date to which the accounts of the undertaking are made up for the purposes of an investigation in pursuance of subparagraph (a) of that paragraph.
(4)For the purposes of any investigation to which this Article applies, the amount of any liabilities and the value of any assets shall be determined in accordance with Parts IV and V, as appropriate. 6 Amount of liabilities and value of assets 6. Unless otherwise provided in these Regulations, in the documents which an undertaking is required to prepare in accordance with these Regulations— (
  1. a)the amount or value given for a liability or an asset of the undertaking shall be the amount or value of that liability or asset as determined in accordance with the provisions of Parts IV and V, as appropriate; (
  2. b)where there are no applicable valuation regulations, then, (
  3. i)in the case of asset of the undertaking other than a linked asset, the value given shall be the value which the asset would have if valuation regulations were applicable, and (
  4. ii)in the case of a linked asset of the undertaking, the value given shall be the value of that asset as determined in accordance with generally accepted accounting concepts, bases and policies or other generally accepted methods appropriate for insurance undertakings. 7 Accounts and returns laid before Annual General Meeting 7.
(1)Every undertaking shall forward to the Minister each year two copies of the accounts and returns laid before its annual general meeting (or the annual general meeting of the body of which it is a branch or agency) for that year.
(2)The accounts and returns referred to in paragraph
(1)shall be forwarded not later than one month after the annual general meeting. 8 Modification of Insurance Acts in relation to accounts and other documents
  1. The accounts, balance sheets, notes, statements, reports and certificates set out in Schedules 1 to 5 are in substitution for the accounts, balance sheets, abstracts or statements specified in the Insurance Acts 1909 to 1985, insofar as they relate to undertakings authorised or deemed to be authorised under the Regulations of
  2. 9 Deposit of documents with Minister. 9.
(1)Every account, balance sheet, note, statement, report and certificate required by Part III to be prepared shall be printed and five copies thereof shall be deposited with the Minister within six months after the close of the period to which the account, balance sheet, note, statement, report or certificate relates: provided that, if in any case it is made to appear to the Minister that the circumstances are such that a period longer than six months should be allowed, the Minister may extend that period by such period not exceeding three months as he thinks fit.
(2)One of the copies of any document deposited under paragraph
(1)shall be signed by the appropriate person or persons described in Article 20.
(3)The Minister shall consider the documents deposited under paragraph
(1), and if any such document appears to him to be inaccurate or incomplete in any respect he shall communicate with the undertaking with a view to the correction of any such inaccuracies and the supply of deficiencies.
(4)There shall be deposited with every revenue account and balance sheet of an undertaking any report on the affairs of the undertaking submitted to the shareholders or policyholders of the undertaking in respect of the financial year to which the revenue account and balance sheet relate.
(5)In these Regulations, any reference to an account or balance sheet includes a reference to any note, statement, report of certificates annexed thereto giving information authorised or required by virtue of Part III of these Regulations to be so given. 10 Lodging of documents; laying before Oireachtas 10.
(1)Any document submitted to the Minister under these Regulations shall be lodged in the Companies Registration Office and shall there be open to inspection by any person, and copies of such documents may be procurred by any person on payment of such fees as the Minister may from time to time fix.
(2)The Minister shall, as soon as may be, lay before each House of the Oireachtas copies of all documents submitted to him under these Regulations and may append to such documents any explanatory statement by or commentary which he thinks fit. 11 Penalties. 11.
(1)A person (within the meaning of the Regulations of 1984) who fails to comply with any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding IR£1,000.
(2)Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
(3)A prosecution for an offence under these Regulations may be brought by the Minister. PART III. ACCOUNTS AND STATEMENTS. 12 Application. 12. This Part applies with respect to the accounts and statements (as hereinafter specified) required to be prepared by every undertaking pursuant to Article 23
(1)and
(2)of the Regulations of 1984 and these Regulations. 13 Annual accounts. 13. Every undertaking shall, in respect of each financial year of the undertaking, prepare such of the accounts prescribed in Schedule 1 as are appropriate to the undertaking. 14 Contents and form of accounts. 14. Every account, balance sheet, note, statement, report and certificate required to be prepared by an undertaking pursuant to Article 13 shall be prepared in the manner hereinafter specified and shall fairly state the information provided on the basis required by these Regulations. 15 Revenue account 15. The revenue account required to be prepared by every undertaking pursuant to Article 13 shall comply with the requirements of Schedule 2 and shall be in Form 1 completed (as may be appropriate) as specified in the instructions to that Form so, however, that— (
  1. i)every such undertaking shall prepare a separate account in Form 1 in respect of each life assurance business fund maintained by it, and (
  2. ii)where there is more than one fund for life assurance business or for industrial assurance business, the undertaking shall also prepare a summary form for life assurance business or for industrial assurance business as the case may require. 16 Additional information. 16. Every undertaking shall, in accordance with Article 13 and Schedule 2, including the instructions thereto, prepare— (
  3. a)in respect of life assurance business— (
  4. i)Forms 2 to 4 and 6, and (
  5. ii)Such of Forms 8 to 14 and 21 as are appropriate; and (
  6. b)in respect of industrial assurance business— (
  7. i)Forms 2, 3, 5 and 7 to 9, and (
  8. ii)Such of Forms 10 to 14 and 21 as are appropriate. 17 Profit and loss account. 17. The profit and loss account required to be prepared by every undertaking under Article 13 shall comply with the requirements of Schedule 2 and shall be prepared in Form 18. 18 Balance sheet. 18. The balance sheet required to be prepared by every undertaking in accordance with Article 13, shall comply with the requirements of Schedule 2 and shall be in Forms 15 to 17, 19 and 20 completed (as may be appropriate) as specified in the instructions to those Forms. 19 Periodic actuarial investigation. 19. Save in relation to subparagraph (
  9. a)(
  10. ii)of this paragraph, for the purposes of Article 5, life assurance business and industrial assurance business shall be treated separately and— (
  11. a)the abstract of the report of the actuary on life assurance business— (
  12. i)shall comply with the requirements of Schedule 4 and shall contain the information (together with such of Forms 25 to 28 as may be appropriate) specified in that Schedule, and (
  13. ii)except in the case of a Community branch undertaking and a Community deposit undertaking shall also include Form 30 and, where appropriate, Form 29; and (
  14. b)the statement of life assurance business shall comply with the requirements of Schedule 5 and shall contain the information (together with Forms 31 to 44) specified in that Schedule. 20 Signature of documents. 20.
(1)One of the copies of any document required to be prepared in accordance with this Part, except an auditors' report, shall be signed by persons described in paragraph
(2)or
(3).
(2)In respect of any document relating to business carried on through an Irish head office undertaking, the copy shall be signed by— (
  1. a)in any case— (
  2. i)where there are more than two directors of the undertaking, at least two of those directors and, where there are not more than two directors, all the directors; and (
  3. ii)the chief executive, if any, of the undertaking or (if there is no chief executive) the secretary; and (
  4. b)in the case of an abstract or statement under Article 5, the actuary who made the investigation to which the abstract relates or by reference to which the statement was prepared.
(3)In respect of any document relating to business carried on through an agency or branch in the state by a Community branch undertaking, Community deposit undertaking or an External branch undertaking or through agencies or branches in any Member State taken together by an Irish deposit undertaking, the copy shall be signed by— (a) in any case— (i) the authorised agent referred to in Article 12
(1)(d) or 28
(1)(d) of the Regulations of 1984 or, where the representative is a legal person, the person designated in Article 12
(2)of the Regulations of 1984; and (ii) an officer or employee of the undertaking who, either alone or jointly with others, is responsible for the conduct of the whole of the insurance business carried on by the undertaking in the State and employed at the office of the undertaking in accordance with Article 4
(2)(
  1. b)of the Regulations of 1984; and (iii) a member of the board of directors or governing body of the undertaking; and (
  2. b)in the case of an abstract or statement under Article 5, the actuary who made the investigation to which the abstract relates or by reference to which the statement was prepared.
(4)One of the copies of any auditors' report shall be a copy signed by the auditor. 21 Audit and auditors' report. 21. The documents referred to in Articles 15, 16, 17 and 18 and the certificate referred to in Article 22 (a), shall be audited by a person duly qualified under the Companies Acts, 1963 to 1986, who shall make a report in Form 22 in accordance with the requirements of Part I of Schedule 3. 22 Certificates 22. There shall be annexed to the documents referred to in Articles 15, 16, 17 and 18— (
  1. a)a certificate in accordance with the requirements of Part 2 of Schedule 3 and shall be in Form 23 which shall be signed by the persons required by Article 20 to sign the documents to which the certificate relates; and (
  2. b)a certificate in accordance with the requirements of Part 3 of Schedule 3 and shall be in Form 24 which shall be signed by the appointed actuary. 23 Transitional provisions. 23.
(1)An undertaking shall not be required to include in any account or balance sheet prepared in accordance with this Part, any information relating to the financial year of the undertaking immediately preceding that financial year to which these Regulations first apply.
(2)Any reference in any provision of these Regulations to a document submitted to the Minister or prepared in respect of a financial year of an undertaking which is a financial year of the undertaking preceding that to which these Regulations first apply shall be construed as a reference to the document so submitted or prepared in accordance with the corresponding provisions of the Insurance Acts and Regulations previously in force. PART IV. DETERMINATION OF LIABILITIES. 24 Application. 24. This Part applies with respect to the determination of the amount of liabilities of undertakings for the purposes of any investigation to which Article 5 applies and for all other purposes of the Insurance Acts and Regulations. 25 Life assurance business. 25.
(1)Subject to this Part, the amount of liabilities of an undertaking shall be determined in accordance with generally accepted accounting concepts, bases and policies or other generally accepted methods appropriate for undertakings.
(2)In determining under paragraph
(1)the amount of liabilities of an undertaking, all contingent and prospective liabilities shall be taken into account but not liabilities in respect of share capital. 26 Life assurance liabilities.
  1. The determination of the amount of life assurance liabilities ( other than liabilities which have fallen due for payment before the valuation date) shall be made on actuarial principles and shall make proper provision for all liabilities on prudent assumptions in regard to the relevant factors; and that amount shall in the aggregate not in any case be less than the amount calculated in accordance with Articles 27 to
  2. 27 Nature and term of assets.
  3. The determination of the amount of life assurance liabilities shall take into account the nature and term of the assets representing the life assurance fund and the value placed upon them and shall include appropriate provision against the effects of possible future changes in the value of the assets on their adequacy to meet the liabilities. 28 Avoidance of future valuation strain.
  4. The amount of the liability determined in respect of a group of contracts shall not be less than such amount as, if the assumptions adopted for the valuation were to remain unaltered and were fulfilled in practice, would enable liabilities similarly determined at all times in the future to be covered from resources arising solely from the contracts and the assets covering the amount of the liability determined at the current valuation. 29 Valuation of future premiums. 29.
(1)The method of valuation adopted in determining the amount of the liability under each category of contract shall be such that it is generally accepted actuarially as an appropriate method to use in determing the liability under contracts of the category in question.
(2)Where further specified premiums are payable by the policyholder under a contract (not being a linked life assurance contract) under which benefits (other than benefits arising from a distribution of profits) are determined from the outset in relation to the total premiums payable thereunder, then, subject to Article 30— (
  1. a)where the premiums under the contract are at a uniform rate throughout the period for which they are payable, the premiums to be valued shall be not greater than such level premiums as, if payable for the same period as the actual premiums under the contract and calculated according to the rates of interest and rates of mortality or disability which are to be employed in calculating the liability under the contract, would have been sufficient at the outset to provide for the benefits under the contract according to the contingencies upon which they are payable, exclusive of any additions for profits, expenses or other charges; (
  2. b)where the premiums under the contract are not at a uniform rate throughout the period for which they are payable, the premiums to be valued shall be not greater than such premiums as would be determined on the principles set out in subparagraph (
  3. a)of this paragraph modified as appropriate to take account of the variations in the premiums payable by the policyholder in each year; save that a premium to be valued shall in no year be greater than the amount of the premium payable by the policyholder.
(3)Where the terms of the contract have changed since the contract was first made (the terms of the contract being taken to change for the purposes of this paragraph if the change is indicated in an endorsement on the policy but not if a new policy is issued), then, for the purposes of paragraph
(2), it shall be assumed that those changes from the time they occurred were provided for in the contract at the time it was made.
(4)For contracts falling within paragraph
(2), the provisions of that paragraph may be departed from where the nature of the business is such that an alternative valuation method is considered more appropriate, provided that in the aggregate, the mathematical reserves determined are not less than those calculated in accordance with Articles 27 to 36.
(5)Where under a contact (not being a linked life assurance contract)— (
  1. a)each premium paid increases the benefits (other than benefits arising from a distribution of profits) provided under the contract, or (
  2. b)the amount of a premium payable in future is not determinable until it comes to be paid, future premiums and the corresponding liability may be left out of account so long as adequate provision is made against any risk that the increase in the liabilities of the company resulting from the payment of future premiums might exceed the amount of the premiums. 30 Acquisition expenses. 30.
(1)In order to take account of acquisition expenses, the maximum annual premium to be valued under Article 29 may (subject to paragraph
(2)) be increased by an amount not greater than the equivalent, taken over the whole period of premium payments and calculated according to the rates of interest and rates of mortality or disability employed in valuing the contract, of 3.5 per cent (or the defined percentage, if it is lower than 3.5 per cent) of the relevant capital sum under the contract.
(2)For the purposes of paragraph
(1)"the defined percentage" is the percentage arrived at by taking (for all contracts of the same type as the contract in question for which an adjustment is made) the average of the percentages of the relevant capital sum under each such contract that represent the acquisition costs for which, after allowing for the effects of taxation, allowance is made in the premiums.
(3)The increase permitted by paragraph
(1)shall be subject to the limitation that the amount of a future premium valued shall not in any event be greater than the amount of the premium actually payable by the policyholder.
(4)For the purposes of this Article— (a) in the case of contracts other than temporary assurances, the relevant capital sum under a contract shall be arrived at in accordance with Article 56
(1); (b) in the case of temporary assurances, the relevant capital sum shall be the sum assured on the valuation date. 31 Rates of interest. 31.
(1)In determining the rates of interest to be used in calculating the present value of future payments by or to an undertaking, regard shall be had to the yields on the existing assets attributed to the life assurance business and, to the extent appropriate, to the yield which it is expected will be obtained on sums to be invested in the future.
(2)For the purposes of paragraph
(1), the assumed yield on an asset attributed to the life assurance business, before any adjustment to take account of the effect of taxation, shall not exceed the yield on that asset calculated in accordance with paragraphs
(3)to
(6), reduced by 7.5 per cent of that yield.
(3)For the purpose of calculating the yield on an asset— (
  1. a)the asset shall be valued in accordance with Part V excluding any provision under which assets may be taken at lower book values for the purposes of any investigation to which Article 5 applies, and (
  2. b)where a particular asset is required to be taken into account only to a specified extent by the operation of Article 49, the future income to be taken into account (whether interests, dividends or repayments of capital) shall be correspondingly reduced.
(4)For fixed interest investments (that is to say, investments which are fixed interest securities as defined in Article 37
(1)) the yield on an asset, subject to paragraph
(6), shall be that annual rate of interest which if used to calculate the present value of future payments of interest before the deduction of tax and the present value of repayments of capital, would result in the sum of those amounts being equal to the value of the asset.
(5)For variable interest investments (that is to say, investments which are not fixed interest securities as defined in Article 37
(1)) the yield on an asset, subject to paragraph
(6), shall be the ratio to the value of the asset of the income before deduction of tax which would be received in the period of twelve months following the valuation date on the assumption that the assets will be held throughout that period and that the factors which affect income will remain unchanged, so however that account shall be taken of any changes in those factors known to have occurred by the valuation date and in particular, without prejudice to the generality of the foregoing, of— ( a ) any known changes in the rental income from property or in dividends on equity shares, ( b ) any forecast changes in dividends which have been publicly announced by the valuation date, ( c ) the effect of any alterations in capital structure, and ( d ) the value (at the most recent date for which it is known at the valuation date) of any determinant of the amount of any future interest payment, the said value being deemed to remain unaltered for all subsequent dates.
(6)In calculating the yield on an asset under this Article— (
  1. a)if the asset does not consist of equity shares or land, an adjustment shall be made to exclude that part of the yield estimated to represent compensation for the risk that the income from the asset might not be maintained or that capital repayments might not be received as they fall due; (
  2. b)for assets which are equity shares or land, adjustments to yields shall be made as appropriate to exclude that part, if any, of the total yield from those assets, taken together, that is needed to compensate for the risk that the aggregate income from those assets taking one year with another might not be maintained; ( c ) in making these adjustments, regard shall be had wherever possible to the yields on risk-free investments of a similar term in the same currency.
(7)To the extent that it is necessary to make an assumption about the yields which will be obtained on sums to be invested in future, the yield assumed on any investment to be made more than three years after the valuation date shall not exceed 7.5 per cent per annum (before any adjustment to take account of the effect of taxation) or such other lower percentage as the Minister may from time to time determine.
(8)In no case shall a rate of interest determined for the purposes of paragraph
(1)exceed the adjusted overall yield on assets calculated as the weighted average of the reduced yields on the individual assets arrived at under paragraph
(2); and when that weighted average is calculated— ( a ) the weight given to each investment shall be its value as an asset determined in accordance with Part V excluding any provision under which assets may be taken at lower book value for the purposes of any investigation to which Article 5 applies, and ( b ) except in relation to the rate of interest used in valuing payments of property linked benefits both the yield and the value of any linked assets shall be omitted from the calculation.
(9)For the purpose of determining the rates of interest to be used in valuing a particular category of contracts the assets may, where appropriate, be notionally apportioned between different categories of contracts and in such cases the limit under paragraph
(8)shall be applied on the basis of the overall yield on the assets apportioned to the contracts in question. 32 Rates of mortality and disability. 32. The amount of the liability in respect of any category of contract shall, where relevant, be determined on the basis of appropriate rates of mortality and disability that take into account— ( a ) relevant published tables of rates of mortality and disability, and ( b ) the rates of mortality and disability experienced in connection with any similar contracts issued by the undertaking in the past. 33 Expenses. 33.
(1)Provision shall be made for meeting the expenses likely to be incurred in future in fulfilling the existing contracts, taking account of the effect of taxation as appropriate, but credit may be taken to the extent appropriate for the fractions of future premiums left out of account pursuant to Article 29
(2).
(2)The provision mentioned in paragraph
(1)shall have regard to, among other things, the undertaking's actual expenses in the last twelve months before the valuation date and the contingency that the undertaking may cease to transact new business. 34 Options. 34.
(1)Provision shall be made to cover any increase in liabilities caused by policyholders exercising options under their contracts.
(2)Where a contract includes an option whereby the policyholder could secure a guaranteed cash payment within twelve months following the valuation date, the provision for that option shall be such as to ensure that the value placed on the contract is not less than the amount required to provide for the payments that would have to be made if the option were exercised. 35 Contracts not to be treated as assets.
  1. No contract for life assurance business shall be treated as an asset. 36 No credit for profits from voluntary discontinuance.
  2. Allowance shall not be made in the valuation for the voluntary discontinuance of any contract if the amount of the liability so determined would thereby be reduced. PART V. VALUATION OF ASSETS. 37 Interpretation: Part V 37.
(1)In this Part, unless the context otherwise requires— "approved financial institution" means any of the following— ( a ) the Central Bank of Ireland, ( b ) a trustee savings bank within the meaning of the Trustee Savings Bank Acts, 1863 to 1979, ( c ) a licensed bank within the meaning of section 9 of the Central Bank Act, 1971 , ( d ) the European Investment Bank, the Commission of the European Communities, and the European Coal and Steel Community, ( e ) the Post Office Savings Bank, ( f ) a building society within the meaning of the Building Societies Acts, 1976 to 1984, ( g ) The Agricultural Credit Corporation plc, ( h ) Industrial Credit Corporation plc; "approved securities" means any of the following— ( a ) securities of the Government (including Savings Certificates), ( b ) securities guaranteed as to capital and interest by the Minister for Finance, ( c ) debentures, debenture stock, certificates of charge or other forms of security issued by and charged on all or any of the property or revenues of the Electricity Supply Board, Coras Iompair1 Éireann, The Agricultural Credit Corporation plc, Bord na Mona, Aer Linte Eireann Teoranta, Aer Lingus Teoranta, Aer Rianta Teoranta, The Housing Finance Agency, Bord Gais Eireann, An Post, Bord Telecom Eireann, Irish Telecommunications Investments Limited and Industrial Credit Corporation plc. ( d ) stocks, securities or mortgages issued by and charged on all or any of the property or revenues of a local authority, ( e ) land bonds issued under the Land Purchase Acts, ( f ) any loan to, or deposit with, an approved financial institution, being an investment authorised by section 1 (inserted by section 1 of the Trustee (Authorised Investments) Act, 1958 ) of the Trustee Act, 1893, as varied by order under section 2 of the said Act of 1958, ( g ) securities issued and guaranteed by the Government of a member State and, with the approval of the Minister, like assets outside a member State. "asset" includes part of an asset; "Associated Bank" means an associated bank within the meaning of section 12 of the Central Bank Act, 1942 ; "company" includes any body corporate; "computer equipment" means the electro-mechanical and electronic units which made up a computer configuration; "debenture" includes debenture stock and bonds, whether constituting a charge on assets or not, and loan stock or notes; "debenture option" means a right exercisable within a specified period, at the option of the holder of the right, to acquire or dispose of any debenture at a specified price; "debt" includes an obligation to pay a sum of money under a negotiable instrument; "dependent" has the meaning assigned to it in paragraph
(2); "equity share" means a share of equity share capital; "equity share capital", in relation to a company, means its issued share capital excluding any part thereof which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution; "fixed interest securities" means securities which under their terms of issue provide for fixed amounts of interest; "industrial and provident society" means any society registered (or deemed to be registered) under the Industrial and Provident Societies Acts, 1893 to 1978; "listed" means, in relation to an investment— ( a ) that there has been granted and not withdrawn a listing in respect of that investment on a recognised stock exchange, or ( b ) that dealings in that investment are effected in a securities market recognised by the Minister, being a market in which prices of all securities in which there are dealings are publicly listed and which are supervised by a public body, and "unlisted" shall be construed accordingly; "local authority" means any of the following authorities in the State— ( a ) a County Council, ( b ) a Corporation of a County Borough, ( c ) the Corporation of Dun Laoghaire; "middle market quotation" means— ( a ) in relation to an investment for which two prices are quoted in the official list published for the relevant market, the average of the two prices so quoted for the relevant date or, if no official list has been published for that day, for the most recent day prior to that day for which the official list has been published, and ( b ) in relation to an investment for which one price is quoted in the official list published for the relevant market, the price so quoted for the relevant date or, if no official list has been published for that day, for the most recent day prior to that day for which the official list has been published, and ( c ) in any other case, the nearest equivalent to the average referred to in paragraph (
  1. a)which is published or can be reasonably ascertained from information which is published; "non-life insurance" means insurance of a class specified in Schedule I to the Regulations of 1976; "non-life insurance business amount" means the aggregate of the undertaking's non-life insurance business liabilities less the aggregate of the following— ( a ) the amount of any non-life insurance business liabilities of the undertaking to related companies, other than insurance liabilities, and ( b ) the value of the debts due or to become due to and other rights of the undertaking under contracts of reinsurance ceded by it (but excluding any rights of recovery in respect of insurance liabilities already discharged by the undertaking) which are non-life insurance business assets of the undertaking; "non-life insurance business assets" and "non-life insurance business liabilities" mean respectivley assets of a non-life insurance undertaking which are, for the time being, identified as representing the non-life insurance liabilities of the undertaking in respect of its non-life insurance business and liabilities of the undertaking which are attributable to its non-life insurance business; "price earnings ratio" means— ( a ) for the industrial sector, the price earnings ratio (net) estimated in respect of the Industrial Group index of the Irish Times Cara Indices, and ( b ) for the non-industrial sector, the price earnings ratio (net) estimated in respect of the Financial Group index of the Irish Times Cara Indices, or ( c ) with the consent of the Minister, the price earnings ratio (net) estimated in respect of the appropriate group index of recognised share indices outside the State; "proper valuation" means, in relation to land, a valuation made by a qualified valuer not more than one year before the relevant date which determined the amount which would be realised at the time of the valuation on an open-market sale of the land free from any mortgage or charge; "qualified valuer", in relation to any particular type of land in any particular area, means— ( a ) a person who is a fellow of the Society of Chartered Surveyors in the Republic of Ireland or the Royal Institution of Chartered Surveyors and either— (
  2. i)has knowledge of and experience in the valuation of that particular type of land in that particular area, or (
  3. ii)has knowledge of and experience in the valuation of land and has taken advice from a valuer who he is satisfied has knowledge of and experience in the valuation of that particular type of land in that particular area, or (
  4. b)a person who is approved for the time being by the Minister for the purposes of these Regulations; "recognised stock exchange" is a stock exchange recognised by the Minister; "the Regulations of 1976" means the European Communities (Non-Life Insurance) Regulations, 1976 (S.I. 115 of 1976); "related company" means, in relation to an insurance undertaking— ( a ) a dependent of the insurance undertaking, or ( b ) a company of which the insurance undertaking is a dependant, or ( c ) a dependent of a company of which the insurance undertaking is a dependant; "relevant dateratio" means, in relation to the valuation of any asset for any purpose for which this Part applies, the date when the asset falls to be valued for that purpose; "securities" has the meaning assigned to it by section 2 of the Central Bank Act, 1971 ; "share" includes stock; "share option" means a right exercisable within a specified period, at the option of the holder of the right, to acquire or dispose of any share at a specified price; "traded option" means a share or debenture option in respect of which permission to deal has been granted on the traded option market of a recognised stock exchange, or an option exchange recognised by the Minister;
(2)For the purposes of these Regulations, a company is a dependant of an other company if— ( a ) that other company, either alone or with any associate or associates, is entitled to exercise, or control the exercise of 20 per cent or more of the equity voting rights at any general meeting of the first-mentioned company, or ( b ) the first-mentioned company is a dependant of any company which is that other company's dependant. 38 Application. 38.
(1)Subject to paragraph
(2), this Part applies with respect to the determination of the value of assets of undertakings for the purposes of any investigation to which Article 5 applies and for all other purposes of the Insurance Acts and Regulations.
(2)Where an undertaking has entered into any contracts providing for the payment of property linked benefits, this Part shall not apply with respect to the determination of the value of the linked assets by reference to the value of which those benefits are to be determined.
(3)Any asset to which this Part applies (other than cash) for the value of which no provision is made in this Part shall be left out of account for the purpose of representing the life assurance business amount as defined in Article 49
(5).
(4)Where in accordance with this Part the value of any asset is to be not greater than any specified amount and, in all the circumstances of the case, it appears that the asset is of a lesser value than that amount, such lesser value shall be the value of the asset.
(5)Notwithstanding paragraph
(1)(but subject to the conditions set out in paragraph
(6)), an undertaking may, for the purposes of an investigation to which Article 5 applies, elect to assign to any of its assets the value given to the asset in question in the books or other records of the undertaking.
(6)The conditions referred to in paragraph
(5)are— (
  1. a)that the election shall not enable the undertaking to bring into account any asset for the valuation of which no provision is made in this Part; (
  2. b)that the value assigned to the aggregate of the assets shall not be higher than the aggregate of the value of those assets as determined in accordance with Articles 39 to 49.
(7)(
  1. a)If the Minister is not satisfied as to the valuation of any asset or assets submitted to him he shall notify the undertaking accordingly. (
  2. b)Failing agreement between the undertaking and the Minister on the value placed on the asset or assets by the undertaking, the Minister may call on an independent expert for the purposes of expressing an opinion on the value of the asset or assets in question. (
  3. c)The independent expert appointed in accordance with subparagraph (
  4. b)shall have regard to the provisions of these Regulations. (
  5. d)The valuation placed on the asset or assets by the independent expert shall be final. (
  6. e)The costs of any such independent valuation shall be borne by the undertaking.
(8)Notwithstanding the provision of paragraph
(7), the Minister may appoint an independent expert for the purpose of expressing an opinion on the value of any asset or assets of an undertaking.
(9)For the purposes of these Regulations— "designated assets" means assets which are admissible in accordance with this Part as representing the life assurance business amount as defined in Article 49
(5). 39 Shares in and debts due or to become due from dependants. 39.
(1)In this Article, Article 40 and Schedule 6— "insurance undertaking" means the holder of an authorisation under the Regulations of 1984 or the Regulations of 1976.
(2)The value of any share in a dependant of an insurance undertaking shall be not greater than that part of the net asset value of the dependent which would be payable in respect of the share if the dependent were in liquidation and the net asset value were the amount distributable to the shareholders in the winding-up.
(3)In this Article, "net asset value" means, in relation to a dependant, the amount by which the value of its assets, as determined in accordance with Article 40, exceeds the amount of its liabilities as determined in the case of a dependant which is an insurance undertaking, in accordance with Article 40.
(4)The value of any debt due, or to become due to an insurance undertaking from a dependant (other than a debt to which Article 41
(2)or
(3)applies) shall be the amount which would reasonably be expected to be recovered in respect of that debt (due account being taken of any security held in respect thereof) if the dependant were in liquidation and— (
  1. a)in the case of a dependant which is an insurance undertaking, the amount realised from its assets and the amount of its liabilities in the liquidation were equal to the value of those assets and the amount of those liabilities, as determined in accordance with Article 40, and (
  2. b)in the case of a dependant which is not an insurance undertaking, the amount realised from its assets in the liquidation were equal to the value of those assets, as determined in accordance with the said Article 40.
(5)Any share in a dependant— (a) in which there is no excess of assets over liabilities as is mentioned in paragraph
(2), or (b) in relation to which an insurance undertaking cannot reasonably ascertain the amount of the liabilities of the dependant for the purposes of paragraph
(2), shall be left out of account for the purposes for which this Part applies.
(6)Where an insurance undertaking is unable to determine the value of any debt due or to become due to the undertaking from a dependant because it cannot reasonably ascertain the amount of the liabilities of the dependant for the purpose of ascertaining what would reasonably be expected to be recovered in respect of that debt in accordance with paragraph
(3), the debt shall be left out of account for the purposes for which this Part applies. 40 Valuation of assets and liabilities of dependants for the purposes of Article 39. 40.
(1)This Article shall apply with respect to the determination of the value of the assets and the amount of the liabilities of a dependent for the purposes of Article 39.
(2)In the case of a dependant which is an insurance undertaking, (a) subject to paragraph
(4)and paragraph 3 of Schedule 6, the value of its assets shall be determined in accordance with this Part; (
  1. b)subject to paragraph (c), (d), (e), and (f), the amount of its liabilities shall be determined in accordance with Part IV; (
  2. c)where the dependant carries on non-life insurance business, its non-life insurance business liabilities shall be deemed to include an amount equal to whichever is the greater of 400,000 units of account or 20 per cent of the non-life insurance premium income; (
  3. d)where the dependant carries on life assurance business, its life assurance business liabilities shall be deemed to include whichever is the greatest of the following three amounts— (
  4. i)an amount ("the first amount") which is one-sixth of the solvency margin that would be arrived at by regarding the dependant as having its head office in the State (whether it has or not and applying Article 18 of the Regulations of 1984; (
  5. ii)an amount which is six times the first amount, reduced by the implicit figure within the meaning of subparagraph (e); (iii) 800,000 units of account; (
  6. e)for the purposes of subparagraph (
  7. d)(
  8. ii)the implicit figure is— (
  9. i)in the case of a dependant having its head office in the State, the amount of any implicit items relating to future profits, zillmerising or hidden reserves which the dependant is permitted to count by virtue of a direction under Article 4 and the application of Article 17
(2)(
  1. e)of the Regulations of 1984 and Part VI of these Regulations; (
  2. ii)in the case of a dependant having its head office elsewhere than in the State, the amount of any implicit items relating to future profits or zillmerising which would be arrived at by regarding the dependant as having its head office in the State and as having received a direction under Article 4 and by applying Article 17
(2)(
  1. e)of the Regulations of 1984 and part VI of these Regulations; (
  2. f)in any case where the dependant is required to establish a life assurance business fund or funds under the Insurance Acts and Regulations its life assurance business liabilities shall be deemed to be not less than the value of the assets representing that fund or funds.
(3)In the case of a dependant which is not an insurance undertaking— (
  1. a)the value of its assets shall be determined in accordance with this Part, subject to the provisions of and the modifications provided for in paragraphs 3 and 4 of Schedule 6. (
  2. b)subject to paragraph
(4), assets of the dependant which are of a relevant description shall be taken into account only to the extent that their value does not exceed the permitted limit applicable to the dependant in relation to those assets; and (c) any equipment leased by the dependant exclusively to any person other than its subsidiary or holding company or a subsidiary of its holding company shall be valued as a debt for the purposes of this Part.
(4)Where— (
  1. a)the dependant is an insurance undertaking and has assets of a relevant description which are not life assurance business assets or is not an insurance undertaking and has assets of a relevant description; (
  2. b)the value of such assets exceeds the permitted limit applicable to the dependant in relation to those assets, and (
  3. c)the insurance undertaking has no assets of the same description of the relevant class, or has assets of the same description of the relevant class and their value is less than the permitted limit applicable to the insurance undertaking in relation to those assets, then, for the purpose of determining the value of the assets of the dependant, there shall be added to the permitted limit applicable to the dependant in relation to the assets referred to in subparagraph (
  4. a)an amount equal to the supplementary amount determined in accordance with Part 1 of Schedule 6.
(5)In this Article and Schedule 6 — "assets of a relevant description" means assets of a description specified in Part 1 of Schedule 7 or, in the case of a dependant which is not an insurance undertaking, assets which would be of such a description if it were an insurance undertaking; "insurance undertaking" has the meaning assigned to it in Article 39; "the insurance undertaking" means an insurance undertaking the value of whose shares in or debts due or to become due from the dependant are being determined in accordance with Article 39; "permitted limit" means, in relation to assets of a relevant description— (a) in the case of the insurance undertaking, or a dependant which carries on life assurance business, an amount equal to the percentage of the life assurance business amount applicable in relation to assets of that description in accordance with Article 49 (as applied in the case of a dependant pursuant to paragraph
(2)of this Article); (b) in the case of the insurance undertaking, or a dependant which carries on non-life insurance business, an amount equal to the percentage of the non-life insurance business amount, as defined in Article 37
(1), applicable in relation to assets of that description in accordance with Article 49 (as applied pursuant to paragraph
(2)of this Article); and (
  1. c)in the case of a dependant which is not an insurance undertaking, an amount equal to the percentages specified in Schedule 7, with respect to assets of that description, of the liabilities of the dependant, other than liabilities to the insurance undertaking or any other related company of the insurance undertaking; and references to assets held by any company being of the same description as assets held by a dependant mean— (
  2. i)in relation to land of the dependant of a description specified in paragraph 1 of Schedule 7, any interest of that other company in that land, (
  3. ii)in relation to assets of the dependant of a description specified in paragraph 2 of Schedule 7, any debt due or to become due to that other company which is secured on the land on which the debt due or to become due to the dependant is secured, and (iii) in relation to assets of the dependent of a description specified in paragraphs 3 to 15 of Schedule 7, assets of that other company which, if held by the dependant, would be assets of that description.
(6)Save as otherwise provided in paragraph 3
(5)of Schedule 6, references in this Article and in Schedule 6 to assets of the insurance undertaking being of a relevant class mean— (
  1. a)where this Article and Schedule 6 are being applied for the purpose of determining the value of a life assurance business asset of the insurance undertaking, assets of the insurance undertaking which are life assurance business assets, and (
  2. b)in any other case, assets of the insurance undertaking which are not life assurance business assets.
(7)Where the insurance undertaking cannot reasonably ascertain in accordance with the provisions of this Article— (
  1. a)the value of any asset of the dependant, or (
  2. b)the amount of the permitted limit applicable in relation to any asset or category of assets of the dependant, that asset or that part of those assets shall be left out of account in determining the value of the assets of the dependant under this Article. 41 Debts and other rights. 41.
(1)The value of any debt due, or to become due, to an undertaking, other than a debt to which Article 39
(3), paragraph
(2),
(3)or
(4)of this Article or Article 46 or 48 applies, shall be— (
  1. a)in the case of any such debt which is due, or will become due, within twelve months of the relevant date (including any debt which would become due within that period if the undertaking were to exercise any right to which it is entitled to require payment of the same), the amount which can reasonably be expected to be recovered in respect of that debt (due account being taken of any security being held in respect thereof); and (
  2. b)in the case of any other such debt, the amount which would reasonably be paid by way of consideration for an immediate assignment of the debt together with the benefit of any security held in respect thereof: Provided that, in determining the amounts referred to in subparagraphs (
  3. a)and (b), no account shall be taken of any letter of credit.
(2)The value of any debt due, or to become due, to the undertaking which is secured on a policy of insurance issued by the undertaking and which (together with any other debt secured on that policy) does not exceed the amount payable on a surrender of that policy at the relevant date shall be the amount of that debt.
(3)Any debt due or to become due to the undertaking— (
  1. a)from an intermediary in respect of money advanced on account of commission to which that intermediary is not absolutely entitled at the relevant date, or (
  2. b)in respect of unpaid share capital of the company, or (
  3. c)under a letter of credit, shall be left out of account for the purposes for which this Part applies.
(4)The value of any debt due to, or other rights of, the undertaking under any contract of reinsurance to which the undertaking is a party (other than a debt to which Article 39
(3)applies) shall be the amount which can reasonably be expected to be recovered in respect of that debt or right. 42 Land. 42. The value of any land of an undertaking (other than land held by the undertaking as security for a debt or to which Article 47 applies) shall be not greater than the amount which (after deduction of the reasonable expenses of sale) would be realised if the land were sold at a price equal to the most recent proper valuation of that land which has been provided to the undertaking and any such land of which there is no proper valuation shall be left out of account for the purposes for which this Part applies. 43 Equipment. 43.
(1)The value of any computer equipment of an undertaking— (
  1. a)in the financial year of the undertaking in which it is purchased, shall be not greater than three-quarters of the cost thereof to the undertaking; (
  2. b)in the first financial year thereafter, shall be not greater than one-half of that cost; (
  3. c)in the second financial year thereafter, shall be not greater than one-quarter of that cost; and (
  4. d)in any subsequent financial year, shall be left out of account for the purposes for which this Part applies.
(2)The value of any office machinery (other than computer equipment), furniture, motor vehicles and other equipment of an undertaking, shall be, in the financial year of the undertaking in which it is purchased, not greater than one-half of the cost thereof and shall be, in any subsequent financial year, left out of account for the purposes for which this Part applies. 44 Unlisted securities. 44.
(1)This Article does not apply to the valuation of shares in a dependent of an undertaking.
(2)The value of any unlisted security which is dealt in on a recognised stock exchange shall be an amount not greater than the middle market quotation.
(3)The value of any unlisted equity share, other than a share to which paragraph
(2)applies, shall be not greater than— (
  1. a)where the company in which the share is held has been carrying on business for more than three financial years, the multiple of the price earnings ratio for the relevant date (or, if no price earnings ratio has been published for that date, for the most recent date prior to that date for which a price earnings ratio has been published) and the proportionate amount attributable to that share of the average amount of the profits of the company for the last three financial years; and (
  2. b)where the company has been carrying on business for less than three but more than one financial year, the multiple of such price earnings ratio and the proportionate amount attributable to that share of the average amount of the profits of the company for its two financial years or the profits of the company in its only financial year (as the case may be).
(4)For the pruposes of this Article th avrage amount of the profits of a compny forany specified years shall be the amount represented by th formula where— (
  1. a)P is the aggregate amount of the profits of the company after provision for taxation in each of the specified years, (
  2. b)L is the aggregate amount of any losses made by the company after provision for taxation in any of the specified years in which there were no profits, and (
  3. c)Y is the number of years specified, no account being taken of any profit or loss brought forward from any year preceding the specified years.
(5)In this Article, the proportionate amount attributable to any share of the average amount or the amount of any profits of the company in which the share is held for any specified years shall be the amount which could reasonably be expected to be received in respect of that share if the average amount or the amount (as the case may be) of the profits in question were available for distribution by the company among its shareholders.
(6)Where the value of any share would otherwise be determined in accordance with the provisions of paragraph
(3)but cannot be so determined because the amount of the profits of, or the amount of losses incurred by, the company in the last financial year cannot be reasonably ascertained, then the value of that share shall be determined— ( a ) in the case of a company which has been carrying on business for not less than four financial years, by reference to the average amount of the profits of the company for the three financial years preceding the last financial year; and ( b ) in the case of a company which has been carrying on business for less than four but more than two financial years, by reference to the average amount or the amount (as the case may be) of the profits of the company in any specified years other than the last financial year.
(7)Any share to be valued in accordance with paragraphs
(3)to
(6)shall be left out of account for the purposes for which this part applies if — ( a ) no amount is attributable thereto in accordance with paragraph
(3), ( b ) the company in which the share is held has been carrying on business for less than one financial year, or ( c ) the value of the share cannot be ascertained in accordance with paragraphs
(3)to
(6)because the amount of the profits of, or the amount of the losses incurred by, the company in any of the specified years cannot reasonably be ascertained and no provision is made for its valuation in paragraph
(6).
(8)The value of any unlisted share other than one to which paragraph
(2)or
(3)applies shall be the amount which would reasonably be paid by way of consideration for an immediate transfer of that share.
(9)If, in all the circumstances of the case, it appears that any share to be valued in acccordance with paragraphs
(2)to
(6)is of a lesser value than that amount, such lesser value shall be the value of the asset. 45 Recognised unit trusts. 45. The value of any holding of units, or other beneficial interest, under a unit trust to which section 31 of the Capital Gains Tax Act, 1975 , as amended by section 34 of the Finance Act, 1977 , relates or under a unit trust which is a registered unit trust scheme within the meaning of section 3 of the Unit Trusts Act, 1972 shall be the price at which the managers under the unit trust would purchase the holding of units or other beneficial interest if required to do so. 46 Listed investments. 46.
(1)The value of any listed debenture which is not a debenture issued by a dependent of the undertaking, and of any listed share which is not a share in such a dependent nor a share in any body specified in Article 48
(2)( a ), shall be the middle market quotation.
(2)Where the listing of any listed debenture or listed share, the value of which falls to be determined in accordacne with this Article, was suspended at a relevant date, then for the purpose or purposes for which that date was the relevant date— (
  1. a)if that suspension was in force for a period in excess of ten days, that debenture or share shall be left out of account, and (
  2. b)if that suspension was in force for a period not exceeding ten days, the value of that debenture or share shall be the lower of— (
  3. i)the middle market quotation on the day before the day the suspension came into force, and (
  4. ii)the middle market quotation on the day after the day the suspension was terminated.
(3)For the purposes of paragraph
(2), a day which is a Saturday or a Sunday or a bank holiday shall be disregarded. 47 Life interests, reversionary interests etc. 47. The value of any asset consisting of an interest in property which— (
  1. a)is determinable upon the death of any person or upon the happening of some other future event or at some future time or is a remainder, reversionary interest, right of fee subject to a life-rent or other future interest, whether vested or contingent, and (
  2. b)is not at lease or reversionary interest expectant upon the determination of a lease, shall be the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof. 48 Other assets. 48.
(1)The value of any approved securities shall be— (
  1. a)in the case of a listed securities, the middle market quotation together with any interest accrued thereon; (
  2. b)in the case of securities which are not transferable, the amount payable on a surrender or redemption of such securities at the relevant date; and (
  3. c)in any other case, the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.
(2)The value of— (
  1. a)shares in any building society or industrial and provident society, and (
  2. b)share options and debenture options, not being traded options, shall be the amount which would reasonably be paid by way of consideration for an immediate transfer or assignment thereof.
(3)The value of traded options shall be the middle market quotation. 49 Assets to be taken into account only to a specified extent. 49.
(1)This Article shall not apply to any approved securities or to any interest accrued thereon except insofar as it relates to the limitations applied to any loans to, or deposits with any one approved financial institution specified in Schedule 7.
(2)Assets or categories of assets of an undertaking of any of the descriptions specified in Schedule 7 shall be taken into account, for the purpose of representing the life assurance business amount, only to the extent that the value of those assets or categories of assets does not exceed— (
  1. a)for an individual asset of a description specified in column 1, Part I, an amount equal to the percentage of the life assurance business amount specified in column 2 for an asset of that description; (
  2. b)for the aggregate of assets of a description specified in column 1, Part I, an amount equal to the percentage of the life assurance business amount specified in column 3 for assets of that description; (
  3. c)for an individual asset of the description specified in column 1, Part II, an amount equal to the percentage of the net premium income of the undertaking specified in column 2 (other than premiums in respect of treaty reinsurance accepted) for the twelve months preceding the relevant date; (
  4. d)for the aggregate of the assets of the description specified in column 1, Part I, an amount equal to the percentage of the net premium income of the undertaking specified in column 3 (other than premiums in respect of treaty reinsurance accepted) for the twelve months preceding the relevant date);
(3)In no case shall the aggregate of the assets of a description specified in column 1, Part III, of Schedule 7, exceed that proportion of the life assurance business amount specified in column 2 of that Part.
(4)Without prejudice to paragraph
(2)of this Article an undertaking may hold other assets not listed in this Part or in Schedule 7 or may hold amounts of those assets in Schedule 7 which exceed the percentage limits specified, if it so wishes, but the amount of such assets cannot be put forward by the undertaking as representing the life assurance business amount.
(5)In this Article— "life assurance business amount" means the aggregate of the undertaking's life assurance business liabilities less the aggregate of the following— (
  1. a)the amount of any life assurance business liabilities of the undertaking to related companies, other than life assurance liabilities, and (
  2. b)the value of the debts due or to become due to an other rights of the undertaking under contracts of reinsurance ceded by it (but excluding any rights of recovery in respect of life assurance liabilities already discharged by the undertaking) which are life assurance business assets of the undertaking, and (
  3. c)the amount of any liabilities of the undertaking in respect of designated contracts; "the net premium income" of an undertaking for any specific period means the gross amounts, first recorded in the undertaking's books during that period as paid or due to the undertaking by way of premiums, less any rebates, refunds and commission so recorded during that period as allowed or paid on those gross amounts or on any such gross amounts so recorded in any previous period.
(6)For the purposes of this Article, "designated contracts" shall be property linked contracts and such other contracts as the Minister may from time to time determine.
(7)Where— (
  1. a)an asset (or group of assets) of an undertaking carrying on life assurance business is attributed by the undertaking partly to its life assurance business assets and partly to its other assets, and (
  2. b)by virtue of paragraph
(2)there is a reduction in the extent to which that asset or group of assets is to be taken into account, the reduction shall be in the same proportion as the attribution.
(8)For the purposes of this Article, the amount of the liabilities of an undertaking shall be determined in accordance with Part IV. PART VI. IMPLICIT ITEMS 50 Application. 50. This Part relates to an undertaking which makes an application to the Minister under paragraph (e) of Article 17
(2)of the Regulations of 1984 and, in this Part, references to implicit items are to amounts relating to future profits, zillmerising and hidden reserves mentioned in that paragraph. 51 Valuation. 51.
(1)Implicit items shall have no value except with the consent of the Minister given by diretion in writing on an application made under paragraph (e) of Article 17
(2)of the Regulations of 1984. In pursuance of such a direction implicit items shall be valued in accordance with that paragraph and this Part of these Regulations.
(2)Article 4 applies to a direction under this Article. 52 Information to be submitted. 52. An application under paragraph (e) of Article 17
(2)of the Regulations of 1984 shall be accompanied by such information as may be requested by the Minister in order to enable him to decide whether a direction under Article 51 should be issued and in particular shall include the following— ( a ) in the case of a future profits item, a certificate signed by the appointed actuary confirming that the amount for which approval is sought does not exceed the lower of— (i) the amount calculated in accordance with Article 17
(2)( e ) (
  1. i)of the Regulations of 1984 and this Part of these Regulations, and (
  2. ii)the present value of the profits that may be expected to arise in the future on the life assurance business in force on the valuation date; (
  3. b)in the case of zillmerising, a certificate from the appointed actuary confirming that the amount for which approval is sought has been calculated in accordance with Article 17
(2)(
  1. e)(
  2. ii)of the Regulations of 1984 and this Part of these Regulations. 53 Future profits: Items comprising the estimated annual profit. 53.
(1)For the purposes of Article 17
(2)(
  1. e)(
  2. i)of the Regulations of 1984 the estimated annual profit shall be taken to be one-fifth of the profits made in the life assurance business over the period of five years ("the relevant period") ending on the last day of the most recent financial year for which an investigation under Article 5 has been carried out, substantial items of an exceptional nature being excluded.
(2)For the purposes of paragraph (i)— (
  1. a)Where an investigation under Article 5 has been carried out annually in relation to the relevant period, the profits made in life assurance business for any particular year of the relevant period shall be taken to be the surplus (if any) arising in the life assurance fund since the last such investigation, and the profits so made for that period shall be taken to be the aggregate of those surpluses less any deficiencies in the life assurance fund during that period; (
  2. b)where an undertaking has carried on life assurance business throughout the relevant period but investigations under Article 5 have not been conducted annually in that period, the profits so made for that period shall be taken to be the aggregate of surpluses arising in the life assurance fund since the last investigation preceding the commencement of the relevant period less any deficiencies in the life assurance fund since that last investigation, except that the surplus or deficiency arising in the period ending with the first investigation within the relevant period shall be proportionately reduced to allow for any period of time falling outside the relevant period; (
  3. c)where an undertaking has not carried on life assurance business throughout the relevant period, the profits made in life assurance business for the relevant period shall be taken to be the aggregate of any surpluses arising in the life assurance fund during that part of the relevant period for which life assurance business was carried on less any deficiencies in the life assurance fund during that part of that period. 54 Future profits: Average period left to run. 54.
(1)The average period left to run on policies at the date of calculation of the solvency margin required for the purposes of Article 17
(2)(
  1. e)(
  2. i)of the Regulations of 1984 shall be determined as the weighted average of the periods left to run on the policies in force at that date, appropriate allowance being made for premature termination of contracts.
(2)For the purposes of paragraph
(1), weighting shall be based on the net single premium attaching to such policies but undertakings may use a method of calculation which involves a degree of approximation where such method is shown to the Minister's satisfaction to give similar results.
(3)Undertakings may dispense with the detailed requirements of paragraph
(2)for classes of policies of minor importance, the results of which would have no significant effect on the average period to run for the undertaking concerned.
(4)In paragraph
(1)a "period to run" means— (
  1. a)for whole life assurances, the expectation of life, (
  2. b)for open ended whole-life assurance, the expectation of life, (
  3. c)for endowment assurances and pure endownments, the period to the fixed maturity date, (
  4. d)for flexible endowments, the period to the first date of a guaranteed cash option, (
  5. e)for temporary assurances, the period to the expiry date, (
  6. f)for deferred annuities with cash options, the period to the vesting date; where the annuity can be taken at any age falling within a prescribed range, the earliest date, (
  7. g)for deferred annuities without cash options, the expectation of life for the age attained, (
  8. h)for annuities in payment, the expectation of life; for temporary annuities, the period to the expiry date, (
  9. i)for group life schemes, the unexpired duration of the period for which the premium rates are guaranteed, (
  10. j)for group pension schemes, (
  11. i)by individual deferred annuity contracts, as under deferred annuities above, (
  12. ii)by deferred annuities under controlled funding, a period of 10 years, (iii) by deposit administration, a period of 10 years, (
  13. iv)by managed fund, a period of 10 years, (
  14. k)for permanent health insurance, (
  15. i)for individual policies, the period to the expiry date; (
  16. ii)for group contracts, the unexpired duration of the period for which the premium rates are guaranteed, (
  17. l)for capital redemption, the period to the fixed maturity date, (
  18. m)for income and growth bonds, the period to the expected date of surrender.
(5)In relation to paragraph
(4), subparagraph (c), (d), (e), (f), (
  1. h)and (
  2. k)(i), mortality during the term shall be covered by the adjustment for the premature termination of contracts.
(6)Applications based on alternative definitions of the period to run shall be considered provided it can be shown that the definitions used in conunction with the allowance for premature termination may be expected to result in a conservation estimate of the average period to run. 55 Future profits: The multiplying factor. 55.
(1)The calculation of the multiplying factor referred to in Article 17
(2)(
  1. e)(
  2. i)of the Regulations of 1984 shall be based on the average period left to run on policies and on adjustments necessary to take account of premature termination of contracts.
(2)The multiplying factor need not, however, be calculated where it is shown to the satisfaction of the Minister that such factor would in any event be in excess of that necessary to generate an adequate implicit item to supplement the explicit elements referred to in Article 17
(2)(
  1. a)to (
  2. d)of the Regulations of 1984 for the purpose of meeting the requirements of Article 18 of those Regulations. 56 Zillmerising. 56.
(1)for the purposes of Article 17
(2)(
  1. e)(
  2. ii)of the Regulations of 1984 the "relevant capital sum" of life assurance activities shall mean— (
  3. a)for whole life assurances, the sum assured, (
  4. b)for policies where a sum is payable on maturity (including policies where a sum is also payable on earlier death), the sum payable on maturity, (
  5. c)for deferred annuities, the capitalised value of the annuity at the vesting date (or the cash option if it is greater), (
  6. d)for capital redemption contracts, the sum payable at the end of the contract period, and (
  7. e)for linked life assurance contracts, notwithstanding paragraphs (
  8. a)to (
  9. d)the lesser of— (
  10. i)the amount for the time being payable on death, and (
  11. ii)the aggregate of the value for the time being of the units allocated to the contract (or, where entitlement is not denoted by means of units, the value for the time being of any other measure of entitlement under the contract equivalent to units) and the total amount of the premiums remaining to be paid during such of the term of the contract as is appropriate for zillmerising or, if such premiums are payable beyond the age of seventy-five, until that age, excluding in all cases any vested reversionary bonuses and any capital sums for temporary assurances.
(2)Where, under the contracts relating to any such business as is mentioned in paragraph
(1), the payment of premiums is to stop before the sum assured becomes due, then, notwithstanding paragraph
(1), the "relevant capital sum" of life assurance activities for the purpose of Article 17
(2)(
  1. e)(
  2. ii)of the Regulations of 1984 shall be taken to mean the mathematical reserves appropriate to the contracts in question at the end of the premium-paying term.
(3)Reserves for vested reversionary bonuses shall not be regarded as mathematical reserves for the purpose of this Article. 57 Hidden reserves 57. The implicit item relating to hidden reserves referred hidden reserves to in Article 17
(2)(
  1. e)(iii) of the Regulations of 1984 may be given its full value. PART VII. REINSURANCE, MATCHING, LOCALISATION, DOCUMENTS OF TITLE, REGISTER. 58 Interpretation: Part VII. 58. In this Part— "assets" means— (
  2. a)in the case of non-linked contracts, designated assets as defined in Article 38
(9); and (b) in the case of linked contracts, linked assets as defined in Article 3. "liabilities" and "reserves" refer to provision by an undertaking to cover liabilities arising under or in connection with contracts for life assurance, not being liabilities relating to life assurance business carried on outside the State. 59 Reinsurance. 59.
(1)Reserves may, subject to paragraph
(2), be established and maintained after the deduction of reinsurance cessions, provided such reinsurance arrangements are acceptable to the Minister.
(2)If more than 75 per cent of the gross premiums written in respect of any one of the individual categories of contracts set out in paragraph
(4)is reinsured, then the primary insurer shall establish and maintian reserves, equivalent to a minimum of 25 per cent of gross premiums or 25 per cent of gross reserves (whichever is the greater) in that class and shall hold assets, localised in the State, representing that amount accordingly.
(3)Where the reinsurance arrangements are not acceptable to the Minister he may require that, in respect of any one of the individual categories of contracts set out in paragraph
(4), reserves be maintained before the deduction of reinsurance cessions.
(4)The individual categories of contacts referred to in paragraphs
(2)and
(3)are— (
  1. i)life assurance contracts; (
  2. ii)general annuity contracts; (iii) pension business contracts; (
  3. iv)permanent health contracts; (
  4. v)capital redemption contracts. 60 Matching. 60.
(1)Where that part of the liabilities of an undertaking expressed as being payable in any particular currency exceeds 5 per cent of the undertaking's total liabilities the undertaking shall hold sufficient assets expresssed in or capable of being realised without exchange risk into that currency to cover at least 80 per cent of the undertaking's liabilities in that currency.
(2)For the purposes of paragraph
(1), an asset is capable of being realised without exchange risk into a currency if it is reasonably capable of being realised into that currency without risk that changes in exchange rates would reduce the cover of liabilities in that currency.
(3)Assets held pursuant to paragraph
(1)shall be localised in the State or in the country of the currency in which the liabilities are expressed. 61 Localisation of assets. 61.
(1)Notwithstanding the provisions of Article 60, (
  1. a)an Irish head office undertaking and a community branch undertaking shall establish and maintain assets in the State equal to not less than 80 per cent of its liabilities; (
  2. b)an Irish deposit undertaking, a Community deposit undertaking and an External branch undertaking shall establish and maintain assets in the State equal to not less than 100 per cent of its liabilities.
(2)For the purposes of applying paragraph
(1)to tangible assets, assets consisting of a claim against a debtor or a listed or unlisted investment, the following assets shall be regarded as being localised in the State— (
  1. a)a tangible asset, where it is situated in the State; (
  2. b)an asset consisting of a claim against a debtor— (
  3. i)in any case where the debtor is an incorporated company, where the head office of that company is situated in the State; (
  4. ii)in any case where the debtor is an unincorporated body of persons, where the body of persons is resident or ordinarily resident in the State; (iii) in any case where the debtor is an individual, where the individual is resident or ordinarily resident in the State; (
  5. c)an asset consisting of a listed investment, where it is listed or dealt in on the Stock Exchange-Irish; (
  6. d)an asset consisting of an unlisted investment issued by an incorporated company, where the head office of that company is situated in the State.
(3)An asset consisting of an approved security issued and guaranteed by a Government outside the State shall not be regarded as localised in the State.
(4)Notwithstanding the provisions of paragraph
(1), an External branch undertaking and an Irish deposit undertaking shall also maintain assets in the State up to the amount of the guarantee fund required by Article 31 of the Regulations of 1984 and any excess either in the State or in another member State. 62 Documents of title. 62. The documents of title of the assets localised in the State in accordance with Article 61 shall be held in the State and, in the case of an undertaking having its head office outside the State, the authorised agent shall have full authority to dispose of those assets in the namne of the undertaking in accordance with any direction from the Minister acting under the powers vested in him under the Insurance Acts and Regulations. 63 Register. 63.
(1)The register referred to in Article 23
(3)of the Regulations of 1984 shall be maintained at the principal office of the undertaking in the State and shall contain up-to-date details of the assets representing the reserves in respect of life assurance business carried on in the State.
(2)The register shall be open for inspection by an officer or officers of the Minister during normal business hours. SCHEDULE
  1. Summary of Accounts to be Completed Annually. Returns required in respect of Irish head undertaking Returns required in respect of— Global business Irish business Community business Other Community branch undertaking External branch undertaking Irish deposit undertaking Community deposit undertaking Irish business Irish and Global business Irish Global and Community business Irish business
  2. Revenue account * * * * * * * *
  3. Analysis of premiums and expenses * * * * * * * *
  4. Analysis of claims * * * * * * * *
  5. Summary of changes in business—O.B. * * * * * * * *
  6. Summary of changes in business—I.B. * * * * * * * *
  7. Analysis of new business—O.B. * * * * * * * *
  8. Analysis of new business—I.B. * * * * * * * *
  9. Expected income from designated non-linked assets * * * * * * * *
  10. Analysis of designated non-linked fixed interest securities * * * * * * * *
  11. Analysis of holdings in recognised unit trusts directly matching liabilities in respect of property linked benefits * * * * * * * *
  12. Analysis of assets which are matching liabilities in respect of property linked benefits other than holding in recognised units trusts or internal linked funds * * * * * * * *
  13. Balance sheet for internal linked funds * * * * * * * *
  14. Analysis of units in internal linked funds * * * * * * * *
  15. Revenue account for internal linked funds * * * * * * * *
  16. Asset analysis * * * * * * * *
  17. Life assurance business liabilities and margins * * * * * * * *
  18. Liabilities which are not life assurance business liabilities * * * * * * * *
  19. Statement of other income and expenditure * * * * * * * *
  20. Statement of net assets * * * * * * *
  21. Statement of solvency * * * * * * * *
  22. Employment statistics * * * * * * * *
  23. Auditors' certificate * * * * * * * *
  24. Directors' report * * * * * * * *
  25. Appointed Actuary's certificate * * * * * * * * *Denotes the forms to be completed by each undertaking (as appropriate). SCHEDULE
  26. Forms of Account and Additional Information. (Forms 1 to 21). Completion of Forms
  27. All the Forms set out in the part of the return to which this Schedule relates (Forms 1 to 21) shall be laid out as shown in this Schedule and shall be prepared in accordance with, and include every account, note and statement required by, the instructions for completion appended to those Forms. Currency 2.
(1)Except as provided in subparagraph
(2), the following shall be expressed in Irish pounds as if conversion had taken place at the closing middle rate on the last day for which the appropriate rate is available in the financial year to which the figures relate— (
  1. a)the value of any asset or liability expressed in a currency other than Irish pounds; (
  2. b)amounts of premiums and other income receivable in a currency other than Irish pounds; (
  3. c)amounts of claims and other expenditure payable in a currency other than Irish pounds.
(2)Notwithstanding the provisions of subparagraph
(1), amounts of income and expenditure in currencies other than Irish pounds may be expressed in Irish pounds using other bases of conversion provided that a note is included in the returns stating the bases employed. Presentation of Amounts 3.
(1)Negative amounts shall be shown between round brackets.
(2)Where any amount which is shown as brought forward from a previous year differs from the corresponding amount shown as carried forward from that year and the difference is not due solely to the fact that a different rate has been used to express other currencies in Irish pounds, a note of explanation shall be included in the return.
(3)Amounts due to or from the undertaking shall be shown as gross amounts.
(4)Amounts shall be shown to the nearer IR£1,000. Management Services 4. Where arrangements have been made for the provision of management services to an undertaking by another company (whether an undertaking or not)— (
  1. a)the undertaking shall annex to Form 1 relating to its financial year during any part of which those arrangements are in force, and (
  2. b)the other company (being an undertaking) shall annex to Form 1 relating to its financial year during any part of which those arrangements are in force a statement that the arrangements have been so in force in the financial year and naming the parties to them. Contingent Liabilities 5.
(1)Contingent liabilities are normally to be included under the appropriate headings in Form 16 in respect of life assurance business and Form 17 in respect of liabilities which are not life assurance business liabilities.
(2)The matters referred to in the following subparagraphs are to be stated by way of a note to Forms 16 and 17— (
  1. a)particulars of any charge on the assets of the undertaking to secure the liabilities of any other person (other than liabilities arising under a contract of insurance) including, where practicable, the amount secured; (
  2. b)whether any provision has been made for any liability to tax on capital gains which might arise if the undertaking disposed of its assets and, if so, the amount of the provision; (
  3. c)the general nature of any other contingent liabilities not included in the manner specified in subparagraph
(1)(other than a liability arising under a contract of insurance) and, where practicable, the amounts or estimated amounts of those liabilities. Form 1 Life Assurance Business: REVENUE ACCOUNT Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Fund/Part of Fund/Summary OB/IB Items to be shown net of reinsurance ceded The financial year 1 Previous financial year 2 Premiums receivable (less rebates and refunds) 1 Investment income receivable before deduction of tax 2 Increase (decrease) in the value of non-linked assets brought into account 3 Increase (decrease) in the value of linked assets 4 Other income (particulars to be specified) 5 Total income (1 to 5) 6 Claims payable 7 Expenses payable 8 Interest payable before deduction of tax 9 Taxation 10 Other expenditure (particulars to be specified) 11 Transfer to (from) statement of other income and expenditure 12 Total expenditure (7 to 12) 13 Increase (decrease) in fund in financial year (6-13) 14 Fund brought forward 15 Fund carried forward (14 + 15) 16 Instructions for completion of Form 1
  1. The entry at 1.1.1 shall be equal to 2.9.3, the entry at 1.7.1 shall be equal to 3.24.3 and the entry at 1.8.1 shall be equal 2.16.
  3. Where an undertaking decides to allocate to the life assurance business the whole or any part of investment income and/or net capital gains arising from assets not attributable to its life assurance business, the amounts in question shall be shown as a transfer in line
  5. Where a transfer is made to the statement of other income and expenditure. the entry as 1.12.1 shall show amounts which have been included in line 23 of Form
  6. Transfers from or to other funds shall be included in line 5 or
  7. with transfers to reserves associated with a transfer of contracts from one fund to another being distinguished from other transfers.
  8. Where an undertaking maintains more than one life assurance fund. a statement shall be annexed to Form 1 giving the principles an methods applied in apportioning the investment income, increase or decrease in the value of assets brought into account. expenses and taxation between the different funds. Life Assurance Business ANALYSIS OF PREMIUMS AND EXPENSES Name of Undertaking: Global business/Irish business /Community business/Other Financial year ended Units IR£000 Fund/Part of Fund/Summary Claims payable in the financial year Gross Recoverable from reinsurers Net ofreinsurance
(1)-
(2)
(1)
(2)
(3)life assurance contracts on death 1 on maturity 2 on surrender or partial surrender 3 total life assurance claims (1 to 3) 4 General Annuity contracts on death 5 by way of lump sums on maturity 6 by way of periodical payments 7 on surrender or partial surrender 8 total general annuity claims (5 to 8) 9 Pension business on death 10 by way of sums on maturity 11 by way of periodical payments 12 on surrender or partial surrender 13 total pension business claims (10 to 13) 14 Permanent Health contracts by way of lump sums 15 by way of periodical payments 16 total permanent health claims (15 + 16) 17 Capital Redemption contracts by way of lump sums 18 by way of periodical payments 19 total capital redemption claims (18 + 19) 20 Other claims (to be described) 21 22 total (21 + 22) 23 Total claims (4+9+14+17+20+23) 24 Total claims at line 24 attributable to Irish Business 25 Non-Irish Business 26 Instuction for completion of Form 3 1. In the case of industrial assurance, claims payable on survivial in respect of periodical endowment benefits shall be shown separately from other claims payable on the maturity of contracts of industrial assurance. 2. Form 3 shall be completed separately in respect of each fund in respect of which a separate revenue account is to be prepared in Form 1. Form 4 Non-linked/linked Life Assurance Business: SUMMARY OF CHANGES IN BUSINESS—ORDINARY BRANCH Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Life Assurance General Annuity Pension Business Permanent Health Capital Redemption No. of contracts Annual premiums No. of contracts Single premiums No. of contracts Annual premiums No. of contracts Single premiums No. of contracts Annual premiums No. of contracts Single premiums No. of contracts Annual premiums No. of contracts Annual premiums 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 In force at beginning of year 1 New Business 2 Net transfers currency adjustments and other alterations "on" 3 Total (2 + 3) 4 Deaths 5 Maturities 6 Surrenders 7 Forfeitures 8 Conversions to paid-up policies for reduced benefits 9 Net transfers currency adjustments expiries and other alteration "off" 10 Total (5 to 10) 11 In force at end of year (1+4-11) 12 Instructions for completion of Form 4 1. In the case of lines 3 and 10, transfers to/from other life assurance business and any amounts included in respect of currency adjustments shall be shown separately. 2. Information is to be given in this form for all non-group contracts and is to be gross of reinsurance ceded. 3. Separate statements are to be given for non-linked and linked contracts. 4. For group contracts only, the number of contracts in force at the end of the year and the estimated number of persons covered thereunder are to be given in a note to be appropriate statement. Form 5 Life Assurance Business: SUMMARY OF CHANGES IN BUSINESS—INDUSTRIAL BRANCH Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Paying Paid-up In force at beginning of year No. of Policies Annual Premiums No. of Policies Taken out during year—Weekly Business — —Monthly Business — Converted to paid-up policies during year — — Net transfers, currency adjustments and other alterations "on" TOTAL "on" Discontinued during year by virtue of (
  1. a)Deaths (
  2. b)Maturities (
  3. c)Surrenders for cash (
  4. d)Terminations by return of premiums (
  5. e)Conversion to paid-up policies — (
  6. f)Forfeitures without grant of paid –up policy or cash surrender — Net transfers, currency adjustments, expiries and other alterations "off" TOTAL "off" In force at end of year Instructions for completion of Form 5 1. Policies discontinued by return of premiums on death of assured shall be included in class (
  7. a)and not class (d). 2. Paid-up policies which are written off shall be included in class (
  8. a)in the case of whole life policies and class (
  9. b)in the case of endowments. 3. Transfers to/from other life assurance business and any amounts included in respect of currency adjustments shall be shown separately. Form 6 Life Assurance Business: ANALYSIS OF NEW BUSINESS—ORDINARY BRANCH Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Single premium contracts/CE> Regular premium contracts Type of Insurance No. of Contracts Premiums Sums assured, annuities per annum or other measure of benefits No. of Contracts Annual Premiums Sums assured, annuities per annum or other measure of benefits 1 2 3 4 5 6 7 Instructions for completion of Form 6 1. All amounts shall be shown gross of reinsurance ceded. 2. The information is to be analysed and sub-totalled within each type of business in the sequence specified below— (
  10. i)life assurance business (
  11. ii)general annuity business (
  12. iv)permanent health business (iii) pension business (
  13. v)capital redemption business. 3. The information is to be further analysed and sub-totalled within each basis of participation in profits in the sequence specified below— (
  14. i)non-linked contracts: with participation in profits, (
  15. ii)non-linked contracts: without participation in profits, (iii) linked contracts. 4. Within each sub-division required under Instructions 2 and 3, the appropriate types of insurance from the following list shall be shown separately— (
  16. i)whole life assurance (viii) other annuity (to be specified) (
  17. ii)endowment assurance (
  18. ix)group pension (iii) pure endowment assurance (
  19. x)group life (
  20. iv)term assurance (
  21. xi)other group (to be specified) (
  22. v)other assurance (to be specified) (xii) permanent health assurance (
  23. vi)deferred annuity (xiii) capital redemption assurance (vii) annuity in payment (xiv) annuity certain. 5. In the case of group contracts, the information given shall relate only to new contracts and shall be exclusive of increments under existing contracts. 6. All columns shall be totalled with the exception of columns 4 and 7. Life Assurance Business: Form 7 ANALYSIS OF NEW BUSINESS — INDUSTRIAL BRANCH Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Whole life (including joint life) Endowment assurance (including jointlife) (See note) Other tables 1 2 3 4 Number of policies issued: Weekly business Monthly business Annual Premiums Weekly business Monthly business IR£ IR£ IR£ IR£ IR£ IR£ IR£ IR£ Sums assured Weekly business Monthly business IR£ IR£ IR£ IR£ IR£ IR£ IR£ IR£ Instruction for completion of Form 7 If any table other than those shown in columns 1 and 2 (e.g. a table providing for recurring payments) is of significant amount details shall be given in column 3 with an appropriate heading. In the case of a table including a recurring payment, the sum assured on death before the date of the first recurring payment shall be shown against "sums assured" above and the amount of the recurring payment shall be shown separately in brackets. Life Assurance Business EXPECTED INCOME FROM DESIGNATED NON-LINKED ASSETS Form 8 Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Fund OB/IB Type of asset Value of designated assets as shown on Form 15 Expected income from designated assets Yield % 1 2 3 Land 1 Fixed interest securities issued by, or guaranteed by, any Government or public authority 2 other 3 Variable interest securities excluding equity shares issued by, or guaranteed by, any Government or public authority except those included at line 5 4 issued by, any Government or public authority or public where the capital value or interest is determined by an index of prices 5 other 6 Equity shares 7 Debts fully secured on land due more than 12 months after the end of the financial year 8 due within 12 months after the end of the financial year 9 All other assets producing income 10 not producing income 11 Total 12 Instructions for completion of Form 8 1. Where Form 15 if for the same fund or group of funds:— The entry at 8.1.1. shall be equal to 15.1.3 The entry at 8.7.1. shall be equal to 15.8.3 + 15.9.3 + 15.10.3 The entry at 8.2.1. shall be equal to 15.2.3 The entry at 8.8.1. shall be equal to 15.25.3 + part of 15.29.3 The entry at 8.3.1. shall be equal to 15.3.3 + 15.4.3 + 15.5.3 The entry at 8.9.1. shall be equal to 15.26.3 + part of 15.31.3 The entry at 8.12.1. shall be equal to 15.43.3 The total for 8.4.1 + 8.5.1 shall be equal to 15.6.3 The entry at 8.6.1. shall be equal to 15.7.3 2. The expected income is to be given as the amounts before deduction of tax which would be received in the next financial year on the assumption that the assets will be held throughout that year and that the factors which affect income will remain unchanged but account shall be taken of any changes in those factors known to have occurred by the valuation date (in particular, changes of the type mentioned at subparagraphs (
  24. a)to (
  25. d)of Article 31
(5). The figures shown in this Form shall be those determined prior to any adjustments necessitated by Article 31
(6)).
  1. Where a particular asset is required to be taken into account only to a specified extent by virtue of the application of Article
  2. the expected income from that asset shall be included only to the same extent.
  3. Where regard is had to expected income from an asset in respect of which the payment of interest is in default, that fact and the amount of interest involved shall be stated.
  4. The entries at 8.2.3 and 8.3.
  5. shall be equal to 9.8.4 and 9.16.4 respectively. The yields to be inserted in column 3 for other categories of asset shall be the running yields. The entry at 8.12.3 shall be the weighted average of the yields in column 3, where the weight given to each asset is the value of that asset applicable for entry in column
  6. Assets not producing income shall be included in the calculation.
  7. Separate statements of the expected income from non-linked assets shall be given in respect of each fund or group of funds for which separate assets are appropriated.
  8. If an undertaking carrying on both industrial assurance business and life assurance business does not separately identify the assets representing the industrial assurance business, this Form shall be prepared in respect of all the undertaking's life assurance business. Form 9 Life Assurance Business ANALYSIS OF DESIGNATED NON-LINKED FIXED INTEREST SECURITIES Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended UnitsIR£000 Fund OB/IB Redemption period in years Value of designated assets as shown on Form 15 Expected income from designated assets Amount payable on redemption Gross redemption yield % 1 2 3 4 Issued or guaranteed by any government or public authority one year or less 1 more than one year but not more than five years 2 more than five years but not more than ten years 3 more than ten years but not more than fifteen years 4 more than fifteen years but not more than twenty years 5 more than twenty years 6 irredeemable 7 total (1 to 7) 8 Other one year or less 9 more than one year but not more than five years 10 more than five years but not more than ten years 11 more than ten years but not more than fifteen years 12 more than fifteen years but not more than twenty years 13 more than twenty years 14 irredeemable 15 total (9 to 15) 16 Instructions for completion of Form 9
  9. The gross redemption yield for each asset shall be calculated in accordance with Article 31
(3)and
(4)leaving out of account any adjustment considered necessary because of Article 31
(6). Where a number of assets with different gross redemption yields are held, the weighted average gross redemption yield shall be calculated using as weights the value of the assets applicable for entry in column
  2. Where securities may be redeemed over a period at the option of the guarantor or insurer, they shall be classified on the assumption that they will be redeemed at the latest possible date or, if it is assumed that they will be redeemed at an earlier date, a note shall be provided explaining what assumption has been made.
  3. 9.8.1, 9.8.2, 9.16.1 and 9.16.2 shall be equal to the values at 8.2.1, 8.2.2, 8.3.1 and 8.3.2 respectively.
  4. The entries at 9.8.4 and 9.16.4 shall be weighted average of the yields in column 4 for lines 1 to 7 and 9 to 15 respectively, where the weight given to each yield is the value shown in column
  6. Separate statements of the expected income from non-linked assets shall be given in respect of each fund or group of funds for which separate assets are appropriated.
  7. If an undertaking carrying on both industrial assurance business and life assurance business does not separately identify the assets representing the industrial assurance business, this Form shall be prepared in respect ofall the undertaking's life assurance business. Form 10 Life Assurance Business: ANALYSIS OF HOLDINGS IN RECOGNISED UNIT TRUSTS DIRECTLY MATCHING LIABILITIES IN RESPECT OF PROPERTY LINKED BENEFITS. Name of Undertaking: Global business/Irish business/Community business/Other Financial year ended Units IR£000 Fund OB/IB Name of unit trust Number of units held Valuation price per unit Value of units held 1 2 3 4 Total Instruction for Completion of Form 10 The basis on which the assets have been valued shall be stated in a note to this Form. Form 11 Life Assurance Business: ANALYSIS OF ASSETS WHICH ARE MATCHING LIABILITIES IN RESPECT OF PR

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.