Solvency II: Das Governance-System in der Versicherungsgruppe

The Solvency II Directive creates a complex set of prudential rules to improve the protection of policyholders and to contribute to the stability of the financial market. One of the key elements is a system of governance, which is not only to be established in each undertaking concerned, but also at group level. This article shows that in a factual group, the parent company’s sphere of influence is very limited, rendering it impossible to implement an effective group-wide governance system. Thus, the achievement of the objectives is at stake. The author discusses various approaches to solving this problem and proposes an amendment to the law. Furthermore, the impact of the paradigm shift from a rules-based to a principles-oriented regulatory regime is analyzed.