major risk factors and their management within the ... - Euler Hermes
major risk factors and their management within the ... - Euler Hermes
major risk factors and their management within the ... - Euler Hermes
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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.