6533b853fe1ef96bd12ac011

RESEARCH PRODUCT

Supervisory Review Process

Meinrad Dreher

subject

SolvencyScrutinyAction (philosophy)Corporate governanceLegal certaintyCapital requirementMinimum capital requirementBusinessDirectiveLaw and economics

description

This chapter addresses the legal outlining of the supervisory review process. There is an apparent contradiction between principles-based insurance supervision on the one hand and, on the other hand, legal certainty along with foreseeability of supervisory action under art. 36 of the Solvency II Directive. With this in view, the chapter next examines the objectives and subject matter of the supervisory review process, with particular scrutiny given to requirements relating to solvency and governance. The powers of supervisory authorities to remedy weaknesses and deficiencies are then taken up.

https://doi.org/10.1007/978-3-662-46290-4_2