3
Non-Compliance with the SCR
3.1
A firm must:
- (1) immediately inform the PRA as soon as it observes that the SCR is no longer complied with, or where there is a risk of non-compliance within the next three months;
- (2) within two months from the observation of non-compliance with the SCR, submit a realistic recovery plan for approval by the PRA; and
- (3) take the measures necessary to achieve, within six months (or such longer period as the PRA may determine) from the observation of non-compliance with the SCR, the re-establishment of the level of eligible own funds covering the SCR or the reduction of its risk profile to ensure compliance with the SCR.
[Note: Art. 138(1)–(3) of the Solvency II Directive]
- 01/01/2016
3.2
If the PRA has extended the period referred to in 3.1(3), by reason of the declaration by EIOPA of exceptional adverse situations affecting the firm, the firm must submit a progress report to the PRA every three months setting out the measures taken and the progress made to re-establish the level of eligible own funds covering the SCR or to reduce its risk profile to ensure compliance with the SCR.
[Note: Art. 138(4) of the Solvency II Directive]
- 01/01/2016