Likvidacija (stečaj) osiguravajućih društava po odredbama Uredbe Solventnost II

Čolović, Vladimir (2016) Likvidacija (stečaj) osiguravajućih društava po odredbama Uredbe Solventnost II. Evropsko zakonodavstvo, 15 (56-57). pp. 200-213. ISSN 1451-3188

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Abstract

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance, which is better known as Directive "Solvency II" began to be applied after a series of delays, from 1 January 2016. Otherwise, this matter was previously regulated by Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganization and winding-up of insurance undertakings. Directive "Solvency II" regulates, primarily, the establishment of insurance companies and companies engaged in re-insurance, supervision of the work of these companies and the reorganization and winding-up of direct insurance companies. This act defines that only the competent authorities of the home Member State shall be entitled to make a decision concerning the opening of winding-up proceedings with regard to an insurance undertaking, including its branches in the other Member States. The decision to open winding-up proceedings with regard to an insurance undertaking, the winding-up proceedings and their effects shall be governed by the law applicable in the home Member State. By the rules of this act, Member States shall ensure that insurance claims take precedence over other claims against the insurance company. Also, every insurance company shall keep at its head office a special register of the assets used to cover the technical provisions calculated and invested in accordance with the law of the home Member State. After the opening of the winding-up proceeding, the competent authorities of the home Member State, the liquidator or any person appointed for that purpose by the competent authorities shall, without delay individually inform by written notice each known creditor whose habitual residence, domicile or head office is situated in another Member State. Also, Directive "Solvency II" regulates right to lodge claims (any creditor, whose habitual residence, domicile or head office is situated in a Member State other than the home Member State shall have the right to lodge claims or to submit written observations relating to claims), withdrawal of the authorization to the insurance company and some common provisions for the reorganization and winding-up. In Serbia, the same legal act is governing bankruptcy and liquidation of banks and insurance companies - Act on Bankruptcy and Liquidation of Banks and Insurance Companies. The author presents the provisions of the Directive "Solvency II" and criticizes the method of regulating this matter in Serbia. Criticism of the Serbian legislation on this topic relating to regulation of the role of the Agency for Deposit Insurance in the insolvency (bankruptcy) proceeding of insurance companies and to the regulating of the transfer of the insurance portfolio to another insurance company. Likewise, the author defines the way in which the Directive "Solvency II" can affect the insurance market in Serbia.

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