ARTICLE 17

1 . EACH MEMBER STATE IN WHOSE TERRITORY ACTIVITIES ARE CARRIED ON BY AN UNDERTAKING SHALL REQUIRE THE UNDERTAKING TO ESTABLISH SUFFICIENT TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES . THE AMOUNT OF THE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , SHALL BE DETERMINED ACCORDING TO THE RULES FIXED BY THE MEMBER STATE , OR , IN THE ABSENCE OF SUCH RULES , ACCORDING TO THE ESTABLISHED PRACTICES IN SUCH STATE . 2 . TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , SHALL BE REQUIRED TO BE COVERED BY EQUIVALENT AND MATCHING ASSETS LOCALIZED IN EACH COUNTRY WHERE ACTIVITIES ARE CARRIED ON . MEMBER STATES MAY , HOWEVER , PERMIT RELAXATIONS IN THE RULES AS TO MATCHING ASSETS AND THE LOCALIZATION OF ASSETS . RELAXATIONS OF THE RULE ON MATCHING ASSETS SHALL TAKE ACCOUNT OF THE CHARACTERISTICS OF LIFE ASSURANCE WHICH IS PRIMARILY A FORM OF CAPITAL AND LONG-TERM INSURANCE . HAVING REGARD TO ITS SPECIAL POSITION , LUXEMBOURG MAY , PENDING COORDINATION OF LEGISLATION ON THE WINDING-UP OF UNDERTAKINGS , RETAIN ITS SYSTEM OF GUARANTEES FOR TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , EXISTING AT THE DATE OF NOTIFICATION OF THIS DIRECTIVE . THE REGULATIONS OF THE COUNTRY WHERE ACTIVITIES ARE CARRIED ON SHALL DETERMINE THE NATURE OF SUCH ASSETS AND , WHERE APPROPRIATE , THE EXTENT TO WHICH THEY MAY BE USED FOR THE PURPOSE OF COVERING THE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , AND SHALL ALSO DETERMINE THE RULES FOR VALUING SUCH ASSETS . COMPLIANCE WITH THESE REGULATIONS MAY BE ENSURED BY THE INTERVENTION OF A PERSON OR INSTITUTION FROM OUTSIDE THE UNDERTAKING WITH RESPONSIBILITY FOR VERIFYING ON THE SPOT WHETHER THE ASSETS REPRESENTING TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , COMPLY WITH THE REGULATIONS . THIS SHALL BE THE FUNCTION OF , IN PARTICULAR , THE " TREUHAENDER " IN GERMANY AND OF THE " TILLIDSMAND " IN DENMARK . 3 . IF A MEMBER STATE ALLOWS ANY TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , TO BE COVERED BY CLAIMS AGAINST RE-INSURERS , IT SHALL FIX THE PERCENTAGE SO ALLOWED . IN SUCH CASE , IT MAY NOT REQUIRE THE ASSETS REPRESENTING SUCH CLAIMS TO BE LOCALIZED IN ITS TERRITORY , NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 2 . 4 . THE SUPERVISORY AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY THE HEAD OFFICE OF AN UNDERTAKING IS SITUATED SHALL VERIFY THAT ITS BALANCE SHEET SHOWS IN RESPECT OF THE TECHNICAL RESERVES , INCLUDING MATHEMATICAL RESERVES , ASSETS EQUIVALENT TO THE UNDERWRITING LIABILITIES ASSUMED IN ALL THE COUNTRIES WHERE IT CARRIES ON ACTIVITIES .

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.