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FSA looks at sidecar rules

The UK's Financial Services Authority (FSA) has announced that it is consulting on rules to be introduced in the country to cover, "a new fit-forpurpose regime for Insurance Special Purpose Vehicles (ISPVs). The proposals form part of a wider consultation on the implementation of the EU Reinsurance Directive (RID)."

The FSA described ISPVs – also known as sidecars – as "special purpose reinsurance vehicles which must be fully funded, typically by issuing debt. If the ISPV has to pay out under its reinsurance obligations, the repayment rights of the debt holders are reduced accordingly. Currently an ISPV would be regulated on the same basis as a firm conducting traditional reinsurance business and would be subject to the full authorisation process for such a firm."

The FSA is considering loosening its authorisation requirements in accordance with the EU's RID to those that are "proportionate to the lower risks resulting from the structure of ISPVs. These will remove unnecessary information requirements and place greater focus on self-certification than for a traditional insurer or reinsurer."

The FSA said it "will largely supervise ISPVs through its supervision of the ceding insurer, which will ensure that an adequate level of consumer protection is maintained at all times. The introduction of an ISPV regime will allow insurers to manage their capital more efficiently."

This News item appeared in issue 107 of JTW News - July - August 2006
 
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