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Financial Services and Markets Act 2000

Financial Services and Markets Act 2000 Sch 12 para 10

Sch 12 para 10

(1) This paragraph applies to a proposal to execute under provisions corresponding to Part VII in a country or territory other than the United Kingdom an instrument transferring all the rights and obligations of the transferor under general or long-term insurance policies, or under such descriptions of such policies as may be specified in the instrument, to the transferee if the condition in sub-paragraph (4) is met in relation to it. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The transferor is a Swiss general insurer and the transferee is a UK authorised person as defined in section 105(8) . (5) In relation to a proposed transfer to which this paragraph applies, the regulator which supervises the transferee's margin of solvency may, if it is satisfied that the transferee possesses the necessary margin of solvency, issue a certificate to that effect. (6) “ Necessary margin of solvency ” means the margin of solvency which the transferee, taking the proposed transfer into account, is required by the FCA or the PRA to maintain. (7) “ Swiss general insurer ” has the same meaning as in paragraph 2. (8) “ General policy ” means a policy evidencing a contract which, if it had been effected by the transferee, would have constituted the carrying on of a regulated activity consisting of the effecting of contracts of general insurance. (9) “ Long-term policy ” means a policy evidencing a contract which, if it had been effected by the transferee, would have constituted the carrying on of a regulated activity consisting of the effecting of contracts of long-term insurance.

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