Insurers (Reorganisation and Winding-Up) Regulations

Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner
Practice notes

Insurers (Reorganisation and Winding-Up) Regulations

Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner

Practice notes
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STOP PRESS

The Financial Services and Markets Act 2023 (FSMA 2023) revokes the Insurers (Reorganisation and Winding-Up) Regulations 2004 (2004 Regulations), SI 2004/353 with effect from a date to be appointed, along with a host of other EU-derived legislation. The government does not expect to commence revocation of individual pieces of EU-derived legislation unless the regulators have drafted and consulted on rules that are ready to be enforced, where it is appropriate that the provisions are replaced.

FSMA 2023 amended the UK’s insolvency arrangements for insurers in order to clarify certain elements and to expand the protections available to an insurer and its policyholders undergoing insolvency or write-down procedures—the government consulted on these amendments in 2021, and published a response in April 2022 (see News Analysis: Financial Services Markets Bill sets out post-Brexit framework for UK financial services and LNB News 07/04/2022 78). The Prudential Regulation Authority (PRA) published consultation paper CP3/23, Dealing with insurers in financial difficulties, setting out its proposed rules and policy in respect of the changes introduced (see: LNB

Geraldine Quirk
Geraldine Quirk chambers

Gerry has over 15 years’ experience advising clients in the insurance sector on a broad range of non—contentious issues. Gerry is one of the leading experts on portfolio transfer schemes, particularly in the legacy/run-off industry, and has developed a reputation as one of the ‘go to’ lawyers in this area. She is also a regulatory expert, advising on Solvency II, perimeter guidance, governance and conduct.

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Jurisdiction(s):
United Kingdom
Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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