REORGANIZACIJA I LIKVIDACIJA DRUŠTAVA ZA OSIGURANjE SHODNO ODREDBAMA DIREKTIVE SOLVENTNOST II

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

This paper presents the provisions of Solvency II relating to reorganization measures and winding-up proceedings of insurance undertakings, including common provisions for both of them. The aim of these provisions is to ensure the mutual recognition of reorganization measures and winding-up legislation of the Member States concerning insurance undertakings, as well it should be ensured that reorganization measures and decisions on winding-up proceedings, which were adopted or taken by the competent authorities of a Member State, produce full effect throughout the Community. The paper first presents the reorganization measures concerning insurance undertakings (their definition, competent authorities, publication of decisions on reorganization measures, information’s to known creditors, etc.), after that the winding-up proceedings (their definition, competent authorities, applicable laws, what the law of the home Member State shall determine at least, treatment of insurance claims, withdrawal of the authorization, publication of decisions on winding-up proceedings, etc.) and finally the common provisions (these provisions mainly relate to the legal effects of reorganization measures and winding-up proceedings).

Ključne reči: Insurance, insurance undertakings, reorganization, winding-up proceedings, the home Member State, competent authorities