preamble_14

WHEREAS THE MEMBER STATES HAVE DIFFERENT REGULATIONS AND PRACTICES AS TO THE SIMULTANEOUS CARRYING ON OF LIFE ASSURANCE AND NON-LIFE INSURANCE ; WHEREAS NEWLY FORMED UNDERTAKINGS SHOULD NO LONGER BE AUTHORIZED TO CARRY ON THESE TWO ACTIVITIES SIMULTANEOUSLY ; WHEREAS MEMBER STATES SHOULD BE ALLOWED TO PERMIT EXISTING UNDERTAKINGS WHICH CARRY ON THESE ACTIVITIES SIMULTANEOUSLY TO CONTINUE TO DO SO PROVIDED THAT SEPARATE MANAGEMENT IS ADOPTED FOR EACH OF THEIR ACTIVITIES , IN ORDER THAT THE RESPECTIVE INTERESTS OF LIFE POLICY-HOLDERS AND NON-LIFE POLICY-HOLDERS ARE SAFEGUARDED AND THE MINIMUM FINANCIAL OBLIGATIONS IN RESPECT OF ONE OF THE ACTIVITIES ARE NOT BORNE BY THE OTHER ACTIVITY ; WHEREAS , WHEN ONE OF THE UNDERTAKINGS WISHES TO ESTABLISH ITSELF IN A MEMBER STATE TO PURSUE LIFE ASSURANCE IN THAT STATE , IT SHOULD SET UP A SUBSIDIARY FOR THAT PURPOSE , WHICH MAY BE ELIGIBLE ON A TRANSITIONAL BASIS FOR CERTAIN FACILITIES ; WHEREAS , MEMBER STATES SHOULD BE GIVEN THE OPTION OF REQUIRING THOSE EXISTING UNDERTAKINGS ESTABLISHED IN THEIR TERRITORY WHICH CARRY ON LIFE ASSURANCE AND NON-LIFE INSURANCE SIMULTANEOUSLY TO PUT AN END TO THIS PRACTICE ; WHEREAS , MOREOVER , SPECIALIZED UNDERTAKINGS SHOULD BE SUBJECT TO SPECIAL SUPERVISION WHERE A NON-LIFE UNDERTAKING BELONGS TO THE SAME FINANCIAL GROUP AS A LIFE UNDERTAKING ;

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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.