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Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (Text with EEA relevance) article 26 CELEX: 02009L0138-20250117 Prior consultation of the authorities of other Member States
1. The supervisory authorities of any other Member State concerned shall be consulted prior to the granting of an authorisation to: (a) a subsidiary of an insurance or reinsurance undertaking authorised in that Member State; (b) a subsidiary of the parent undertaking of an insurance or reinsurance undertaking authorised in that Member State; or (c) an undertaking controlled by the same person, whether natural or legal, who controls an insurance or reinsurance undertaking authorised in that Member State. 2. The authorities of a Member State involved which are responsible for the supervision of credit institutions or investment firms shall be consulted prior to the granting of an authorisation to an insurance or reinsurance undertaking which is: (a) a subsidiary of a credit institution or investment firm authorised in the Community; (b) a subsidiary of the parent undertaking of a credit institution or investment firm authorised in the Community; or (c) an undertaking controlled by the same person, whether natural or legal, who controls a credit institution or investment firm authorised in the Community. |
Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (Text with EEA relevance) article 26 CELEX: 02009L0138-20250117 3. The relevant authorities referred to in paragraphs 1 and 2 shall in particular consult each other when assessing the suitability of the shareholders and the fit and proper requirements of all persons who effectively run the undertaking or have other key functions involved in the management of another entity of the same group. They shall inform each other of any information regarding the suitability of shareholders and the fit and proper requirements of all persons who effectively run the undertaking or have other key functions which is of relevance to the other competent authorities concerned for the granting of an authorisation as well as for the ongoing assessment of compliance with operating conditions. |