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Financial Business Act.pdf

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While this translation was carried out by a professional translation agency, the text<br />

is to be regarded as an unofficial translation based on the latest official Consolidated<br />

<strong>Act</strong> no. 286 of 4 April 2006. Only the Danish document has legal validity.<br />

October 2006, GlobalDenmark Translations<br />

regularly, and open to the public, may comprise no more than 10 per cent of the insurance<br />

provisions.<br />

164.-(1) The following limits concerning insurance provisions shall apply for including assets<br />

covered by section 159(1), where the assets comprise a risk for an individual undertaking or a<br />

group of mutually connected undertakings.<br />

1) Assets covered by section 162(1), no. 3 may comprise no more than 40 per cent.<br />

2) Assets covered by section 162(1), no. 4 may comprise no more than 10 per cent.<br />

3) Assets covered by section 162(1), no. 8, cf. however, subsection (2), may comprise no<br />

more than 10 per cent.<br />

4) Assets covered by section 162(1), no. 14 may comprise no more than 10 per cent.<br />

5) Assets covered by section 162(1),nos. 5-7 and nos. 9-13, cf. however subsection (3),<br />

may comprise no more than 5 per cent.<br />

6) Assets covered by section 162(1), nos. 6, 7, 9, 10, 12 and 13, cf. however, subsection<br />

(4) may comprise no more than 4 per cent.<br />

7) Loans covered by section 162(1), no. 13 may comprise no more than 1 per cent.<br />

(2) If a branch of an investment undertaking covered by regulations in Community law, cf.<br />

section 162(1), no. 8, under its articles of association may only invest in assets covered by<br />

section 162(1), nos. 1-3, the investment may also be classified under section 162(1), nos. 1-3.<br />

(3) For equity investments in and loans to an undertaking whose activities exclusively<br />

comprise investments in assets covered by section 162(1), nos. 5 and 11, the limit mentioned<br />

in subsection (1), no. 5, shall apply to the exposure with the undertaking.<br />

(4) The limit in subsection (1), no. 6 shall only apply to other insurance companies than<br />

companies that carry out direct life-assurance business, and pension funds. For companies that<br />

carry out direct life-assurance business and pension funds the limit shall be 3 per cent, cf.<br />

however, subsection (5).<br />

(5) If the undertaking is not domiciled or listed in a country within Zone A, or if the own funds<br />

of the undertaking does not exceed DKK 250 million, the limit in subsection (4), 2nd clause<br />

shall be 2 per cent.<br />

(6) Subsection (1), no. 6 and (3) shall not apply to investments in a subsidiary undertaking<br />

covered by section 162(2), or to a subsidiary company covered by section 162(3) or (4), or to<br />

investments in undertakings whose activity according to their articles of association is limited<br />

to investing in assets covered by section 162(1), nos. 1-3. In the latter case, with regard to<br />

the provisions in subsection (1), nos. 5-7 and (2), as well as section 163(1), nos. 1, 2 and 4,<br />

the investment may be classified under section 162(1), nos. 1-3.<br />

165.-(1) The assets covered by section 159(1) shall include an amount of no less than 80 per<br />

cent denominated in congruent currencies.<br />

(2) Assets denominated in euro (EUR) may be used to fulfil half of the requirement under<br />

subsection (1) for insurance provisions in another EU currency than euro (EUR).<br />

EXCLUDING MINOR AMENDMENTS<br />

(3) The requirement in subsection (1) shall not apply if the insurance provisions in the<br />

relevant currency total less than 7 per cent of the insurance provisions in other currencies.

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