Article (3)
Effective from 17/7/2017For the purpose of implementing the Asset distribution and allocation limits in accordance with the provisions of Article (3) of the Financial Regulations, the Company shall comply with the following:
1. If the Company has investments exceeding the investment limits or sub-limits without a deficit in the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, it shall include the annual and quarterly investment portfolio analysis reports stipulated in Article (10) of Chapter 1 of the Financial Regulations sequel to the Asset distribution and allocation limits on the Company and any plans the Company intends to take as part of the investment risk management process.
2. If the Company has investments that exceed the Asset distribution and allocation limits and result in a deficit in the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, the Company shall submit a detailed realistic correction plan including outdistance the deficit in accordance with Article 8 of Chapter II of the Financial Regulations.
3. If the Company desires to enter into new investments outside the asset distribution and allocation limits and has no deficit in any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, it may:
A. Purchase, improve or increase any of the assets if the investment limit or sub-limit of that asset category has been exceeded.
B. Purchase, improve or increase any assets if this would lead to exceeding the investment limit or sub-limit.
Provided that the procurement, improvement or increases referred to in paragraphs (A) and (B) of this clause do not result in a default in meeting any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements.
4. If the Company has a deficit in any of Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements, or if this results from a purchase, improvement or if a deficit in meeting any of the Minimum Capital, Solvency Capital or Minimum Guarantee Fund requirements resulted from a purchase, improvement or increase, the company shall comply with the following:
A. No purchases, improvements or increases in any assets if the investment limit or sub-limit of that asset category has been exceeded.
B. No purchases, improvements or increases in any assets if this would lead to exceeding the investment limit or sub-limit.
5. If the Asset distribution and allocation limits are exceeded by the Company for easons beyond its control such as changes in the value of the assets or a change in the classification, the Company shall comply with the following:
A. If this does not result in incapability to meet any of the solvency requirements, the investment portfolio analysis report stipulated in Article 10 of Chapter 1 of the Financial Regulations shall include an analysis of the excesses in the Asset distribution and allocation limits.
B. If this results in a deficiency in any of the financial solvency requirements, the Company shall submit a detailed realistic correction plan including the outdistance of the deficit in accordance with Article 8 of Chapter II of the Financial Regulations.