Financial Business Act.pdf
Financial Business Act.pdf
Financial Business Act.pdf
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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.