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Directive (EU) 2025/1 of the European Parliament and of the Council of 27 November 2024 establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 and Regulations (EU) No 1094/2010, (EU) No 648/2012, (EU) No 806/2014 and (EU) 2017/1129 (Text with EEA relevance) article 25 CELEX: 32025L0001 Provisional and definitive valuations
1. Valuations as referred to in Article 23 that do not meet the requirements laid down in Article 24(2) shall be considered provisional valuations. Provisional valuations shall contain a buffer for additional losses and an appropriate justification for that buffer. 2. Resolution authorities that take resolution action on the basis of a provisional valuation shall ensure that a definitive valuation is carried out as soon as possible. Those resolution authorities shall ensure that the definitive valuation referred to in the first subparagraph: (a) allows for full recognition of any losses of the entity referred to in Article 1(1), points (a) to (e), in its books; (b) informs a decision to write back creditors’ claims or to increase the value of the consideration paid, in accordance with paragraph 3. |
Directive (EU) 2025/1 of the European Parliament and of the Council of 27 November 2024 establishing a framework for the recovery and resolution of insurance and reinsurance undertakings and amending Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 and Regulations (EU) No 1094/2010, (EU) No 648/2012, (EU) No 806/2014 and (EU) 2017/1129 (Text with EEA relevance) article 25 CELEX: 32025L0001 3. Where the definitive valuation’s estimate of the net asset value of the entity referred to in Article 1(1), points (a) to (e), is higher than the provisional valuation’s estimate of the net asset value of that entity, the resolution authority may: (a) increase the value of the claims of affected creditors which have been written down or restructured; (b) require a bridge undertaking to make a further payment of consideration in respect of the assets, liabilities, rights and obligations to the undertaking under resolution or, as the case may be, to the owners of the instruments of ownership. 4. EIOPA shall develop draft regulatory technical standards to specify, for the purposes of paragraph 1 of this Article, the methodology for calculating the buffer for additional losses to be included in provisional valuations. EIOPA shall submit those draft regulatory technical standards to the Commission by 29 July 2027. Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1094/2010. |