Modification by consent of the Solvency II Group Supervision rules 20.1 and 20.2 with reference to US-parented undertakings. This modification is available to insurance and reinsurance undertakings authorised by the PRA, the parent undertaking of which is an insurance holding company or mixed financial holding company which has its head office in the United States.
The ‘group supervision’ provisions of the Covered Agreement signed by the UK and US on Tuesday 18 December 2018 have come into effect on Thursday 31 December 2020, and as a result provisions of Article 4 dealing with group supervision for US parented groups are fully applicable.
The PRA is inviting firms with US-parented groups to apply a rule modification to reflect the above Covered Agreement. The application process is standardised and this should improve the administrative efficiency for US-headed insurance groups in meeting UK regulatory requirements. The PRA will continue to issue bespoke individual ‘other methods’ directions only to those firms that meet the conditions set out in Article 4(g) of the Covered Agreement.
The effect of the modification is that Solvency II Group Supervision rules 20.1 and 20.2 are amended to incorporate the ‘other methods’.
As a result, each relevant insurance group undertaking and UK insurance holding company will need to provide the PRA a copy of their most recently available Own Risk and Solvency Assessment (ORSA, or equivalent group risk report) within one month of it being reported to a US supervisor. The submission will need to provide at a minimum the elements set out in Article 4(d) of the Covered Agreement, as follows:
- a description of the insurance or reinsurance group’s risk management framework;
- an assessment of the insurance or reinsurance group’s risk exposure; and
- a group assessment of risk capital and a prospective solvency assessment.
The directions to be issued through this standardised application process will be applicable for a three year period, unless the rule is revoked or ceases to apply.
If a firm wishes to take advantage of this modification, it should read the direction below and contact PRA-Waivers@bankofengland.co.uk with a suitable request, copying in their usual supervision contact. The email should include the firm name and reference number.
The PRA will confirm in writing whether the request has been granted and will publish the approved modification direction on the Financial Services Register.