SOLVENTNOST II (POČETAK OBAVLjANjA DELATNOSTI OSIGURANjA I REOSIGURANjA I USLOVI POSLOVANjA)

Vukotić Jasmina (Универзитет Привредна академија, Нови Сад), vukotic.jasmina@open.telekom.rs

This paper presents the provisions of Solvency II relating to the taking-up of insurance and reinsurance business and the conditions governing business of the insurance and reinsurance undertakings. The taking-up of the business of direct insurance and reinsurance shall be the subject of prior authorisation and it shall be sought from the supervisory authorities of the home Member State. This authorisation shall be valid for the entire Community and it shall permit insurance and reinsurance undertakings to pursue business there, that authorisation covering also the right of establishment and the freedom to provide services. The Solvency II also stipulates the conditions for authorisation which the home Member State shall require for every undertaking for which authorisation it is sought. As for the conditions governing business, there will be analysed the system of governance in the light of the requirements of the Solvency II. All insurance and reinsurance undertakings shall have an effective system of governance in place, which provides for sound and prudent management of the business. That system shall at least include an adequate transparent organisational structure with a clear allocation and appropriate segregation of responsibilities and an effective system for ensuring the transmission of information. Also, the system of governance shall be proportionate to the nature, scale and complexity of the operations of the insurance or reinsurance undertaking.

Ključne reči: insurance, reinsurance, taking-up of business, authorization, conditions governing business, supervisory authorities, home Member State