art_35__para

First Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance · European Union

WHERE SUBSIDIARIES ARE SET UP IN ACCORDANCE WITH ARTICLE 13 ( 5 ) , HALF THE MINIMUM OF THE GUARANTEE FUND MAY TAKE THE FORM OF AN IRREVOCABLE FINANCIAL GUARANTEE FROM THE PARENT COMPANY , SUBJECT TO THE FOLLOWING REQUIREMENTS : ( A ) AT LEAST 95 % OF THE SUBSIDIARY'S SHARE CAPITAL MUST BE HELD BY THE PARENT COMPANY ; ( B ) UNPAID-UP SHARE CAPITAL MAY NOT BE USED TO CONSTITUTE THAT HALF OF THE MINIMUM OF THE GUARANTEE FUND WHICH IS NOT COVERED BY THE IRREVOCABLE FINANCIAL GUARANTEE ; AND ( C ) THE FINANCIAL REQUIREMENTS OF BOTH THE FIRST COORDINATION DIRECTIVE ( NON-LIFE INSURANCE ) AND THIS DIRECTIVE MUST BE MET BY THE PARENT COMPANY , THE FUNDS CORRESPONDING TO THE AMOUNT OF THE GUARANTEE NOT BEING CONSIDERED AS PART OF ITS FREE ASSETS . SUBSIDIARIES MAY BENEFIT FROM THIS ARRANGEMENT FOR A PERIOD OF SEVEN YEARS AS FROM THE DATE WHEN IT IS GRANTED . DURING THIS PERIOD , AND FROM THE THIRD YEAR ONWARDS AT THE LATEST , SUBSIDIARIES MUST PROGRESSIVELY REPLACE THE PARENT COMPANY'S GUARANTEE BY FREE ASSETS ; SUBSIDIARIES SHALL SUBMIT A PLAN TO THIS EFFECT TO THE COMPETENT SUPERVISORY AUTHORITY FOR ITS AGREEMENT TOGETHER WITH THEIR REQUEST FOR AUTHORIZATION .

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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.