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4 Risk<br />

MAJOR RISK FACTORS AND THEIR MANAGEMENT WITHIN THE GROUP<br />

<strong>factors</strong><br />

4.1.4 RISK FACTORS STEMMING FROM THE COMPETITIVE OR REGULATORY ENVIRONMENT<br />

A highly competitive environment<br />

<strong>Euler</strong> <strong>Hermes</strong> operates in a highly competitive market, in which o<strong>the</strong>r<br />

players are sometimes subject to different regulations, sometimes use<br />

multiple distribution channels <strong>and</strong> sometimes offer more competitive<br />

prices than those of <strong>the</strong> Group. In addition, several products offer an<br />

alternative to credit insurance <strong>and</strong> increase customers’ possibilities in<br />

respect of cover.<br />

In view of this competitive pressure, <strong>Euler</strong> <strong>Hermes</strong> may need to adjust <strong>the</strong><br />

prices of some of its products <strong>and</strong> services or its policy for underwriting<br />

<strong>risk</strong>s, which could affect its ability to maintain or improve profitability <strong>and</strong><br />

adversely affect its net income <strong>and</strong> financial position.<br />

Reinforcement of <strong>and</strong> change in regulations<br />

at <strong>the</strong> local, European <strong>and</strong> international levels<br />

The credit insurance business is subject to specific regulations in different<br />

countries. Changes to <strong>the</strong> laws <strong>and</strong> regulations governing <strong>the</strong> insurance<br />

business could significantly affect <strong>the</strong> conduct of operations <strong>and</strong> <strong>Euler</strong><br />

<strong>Hermes</strong>’ offer of insurance products.<br />

The implementation of <strong>the</strong> Solvency II directive<br />

To implement <strong>the</strong> Solvency II directive, <strong>Euler</strong> <strong>Hermes</strong> has developed a<br />

project structure under <strong>the</strong> authority of <strong>the</strong> Group’s Chief Financial Officer<br />

<strong>and</strong> Chief Risk Officer.<br />

As part of this project, <strong>Euler</strong> <strong>Hermes</strong> has decided to implement an internal<br />

model in conjunction with its reference shareholder in order to model<br />

all of its individual <strong>risk</strong>s, bearing in mind that <strong>the</strong> st<strong>and</strong>ard formula does<br />

not adequately represent <strong>the</strong> Group’s <strong>risk</strong> profile, especially in respect of<br />

credit insurance.<br />

At <strong>the</strong> time of writing, <strong>Euler</strong> <strong>Hermes</strong> could not be assured that its internal<br />

model would obtain approval from <strong>the</strong> regulators supervising <strong>the</strong> Group.<br />

In <strong>the</strong> event of its internal model failing to be approved, <strong>the</strong> application<br />

of <strong>the</strong> st<strong>and</strong>ard formula laid down under Solvency II might take <strong>the</strong> <strong>Euler</strong><br />

<strong>Hermes</strong>’ solvency margin below <strong>the</strong> level consistent with its <strong>risk</strong> profile,<br />

<strong>the</strong>reby requiring <strong>the</strong> Group to carry out a capital increase <strong>and</strong> possibly<br />

resulting in reputational <strong>risk</strong>.<br />

Moreover, as <strong>the</strong> implementing legislation has not yet been finalized, a<br />

number of choices have been made in preparation for implementing <strong>the</strong><br />

directive. There is uncertainty as to <strong>the</strong> validity of <strong>the</strong>se choices, potentially<br />

resulting in additional costs when implementing <strong>the</strong> final version of <strong>the</strong><br />

directive <strong>and</strong> its implementing legislation, or regulatory sanctions if <strong>Euler</strong><br />

<strong>Hermes</strong> is late in implementing <strong>the</strong> said texts.<br />

98 EULER HERMES I 2011 Registration Document<br />

Change in tax laws <strong>and</strong> regulations at <strong>the</strong> local,<br />

European or international levels<br />

Changes in tax legislation in <strong>the</strong> countries in which <strong>Euler</strong> <strong>Hermes</strong> operates<br />

could have an adverse effect on <strong>the</strong> Group’s operations, cash flows <strong>and</strong><br />

net income.<br />

Fur<strong>the</strong>rmore, such changes in tax laws <strong>and</strong> regulations, or lower-thanexpected<br />

or poorly timed operating performances, could cause significant<br />

change to <strong>the</strong> Group’s deferred tax assets, leading to a reduction in <strong>the</strong><br />

value of some tax assets or preventing <strong><strong>the</strong>ir</strong> use.<br />

This situation could have a material adverse impact on <strong>Euler</strong> <strong>Hermes</strong>’ net<br />

income <strong>and</strong> financial position.<br />

Potential change to international accounting<br />

st<strong>and</strong>ards<br />

<strong>Euler</strong> <strong>Hermes</strong>’ consolidated financial statements are drawn up in<br />

accordance with <strong>the</strong> international accounting st<strong>and</strong>ards as adopted by<br />

<strong>the</strong> European Union. International accounting st<strong>and</strong>ards comprise IFRS<br />

(International Financial Reporting St<strong>and</strong>ards) <strong>and</strong> IAS (International<br />

Accounting St<strong>and</strong>ards), toge<strong>the</strong>r with <strong><strong>the</strong>ir</strong> interpretative texts. Cf. Note 2<br />

“IFRS accounting <strong>and</strong> valuation rules” in <strong>the</strong> notes to <strong>the</strong> consolidated<br />

financial statements.<br />

Plans to amend existing st<strong>and</strong>ards are being considered by <strong>the</strong><br />

International Accounting St<strong>and</strong>ards Board (IASB), some of which may have<br />

a significant impact on <strong>the</strong> financial statements of insurance companies<br />

<strong>and</strong> financial institutions. These potential changes could concern both<br />

<strong>the</strong> recognition of <strong>the</strong> Group’s assets <strong>and</strong> liabilities, as well as its income<br />

<strong>and</strong> expenses in <strong>the</strong> consolidated income statement.<br />

The impact of such changes is difficult to assess at this stage, but would<br />

be liable to affect <strong>Euler</strong> <strong>Hermes</strong>’ net income <strong>and</strong> financial position.<br />

The variety of legal systems in <strong>the</strong> countries<br />

in which <strong>the</strong> Group operates<br />

In recent years, <strong>Euler</strong> <strong>Hermes</strong> has accelerated its international expansion<br />

in countries in which judicial dispute resolution systems can differ in terms<br />

of maturity from those that existing in Europe or <strong>the</strong> United States. As such,<br />

<strong>Euler</strong> <strong>Hermes</strong> may find it difficult to take legal action or enforce rulings. In<br />

such a situation, <strong>the</strong> possible legal implications could affect <strong>the</strong> Group’s<br />

operations <strong>and</strong> net income.

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