Author Archives: Giovanna Aucone

Clarifications Concerning Articles 11 and 14 of Provision no.111 of 2021

On September 23rd 2021, IVASS published some clarifications concerning Provision no.111 of 2021. In particular, with reference to Art. 14, it has been specified that for the year 2021 only, the deadline by which the “qualified” insurance intermediaries are required to send IVASS the communications envisaged by Art. 11, paragraph 4, letter a) has been […]

The Legitimacy of the Self-Laundering: Judgment c/790/19 of the European Court of Justice

The second Chamber of the European Court of Justice, with judgment c/790/19 clarified an important legal issue, establishing the principle according to which the perpetrator of the principal offense can be charged with the offense of money laundering, thus confirming the legitimacy of the self-laundering in all the EU States. The Court, in fact, called […]

Risk Mitigation Strategies: EIOPA’s Guidelines

By letter to the market of 28 July 2021, IVASS has fully acknowledged the content of the EIOPA Opinion on risk mitigation strategies. In fact, a study carried out by the European Insurance and Occupational Pensions Authority has shown that – since the entry into force of Solvency II – European insurers have increasingly resorted […]

Fintech Committee and Italian Regulatory Sandbox: the Launch of the Experimentation to Digitize Financial Services

Following Law Decree no. 34/2019 (so-called “Decreto Crescita”) converted into Law no. 58/2019 and the establishment of the Fintech Committee at the Ministry of Economy and Finance for constant comparison and coordination among Bank of Italy, CONSOB, IVASS and Mef, an important innovation in the Italian techno-finance landscape is coming. Indeed, as stated in a […]

Assessment of the Prudential Treatment of Investments in Complex and/or Illiquid Financial Instruments: IVASS Guidelines and Possible Application of the Capital Increase

By letter to the Market of 14 July 2021, IVASS spoke on investments in complex and/or illiquid financial instruments, providing guidelines that the supervised companies must follow when carrying out these activities. Since Solvency II came into force, and because of its induced prudential approach, financial investments have recorded particularly low or even negative interest […]

Capital Increase: New IVASS Regulation no. 48/2021

IVASS has recently published Regulation no. 48 of July 13, 2021, containing the implementing regulations for the capital increase process (so-called capital add-on) envisaged by articles 47-sexies and 216-septies of the CAP. The use of the capital add-on tool is aimed at ensuring that the regulatory capital requirements adequately reflect the global risk profile of […]

New IVASS Rules On AML Obligations

Following the public consultation started on December 11, 2019, the new Regulation no. 111/2021 is currently under publication in the Official Journal of the Italian Republic. Such Regulation envisages amendments to Regulation 44/2019 on internal organization, procedures, and controls as well as provisions on risk mitigation procedures.  Specifically, the Regulation, limited to the life insurance […]

IVASS Will Reshape The Rules On Insurance And Reinsurance Distribution Activity After The Annulment By The Regional Administrative Court Of Lazio

On July 1, 2021, when presenting the “Report on the activities carried out by the Institute in 2020“, President Luigi Federico Signorini highlighted the importance of consumer protection within the insurance business, also focusing on the needs of the “simplification of the rules for the protection of customers“. In this context, he stated that IVASS […]

The Administrative Court Annuls Some Provisions Of IVASS Order No. 97/2020 On Horizontal Cooperation And On Delivery Of The Pre-Contractual Declaration Of Consistency Of The Insurance Product

On June 23, 2021, the Regional Administrative Court of Lazio upheld the appeal filed by S.N.A. (National Union of Insurance Agents) and voided certain provisions of IVASS Order no. 97/2020. The Syndicate’s objections essentially concerning violation of the law and excess of power by the Institute in relation to art. 4 of IVASS Order no. […]

Supervisory Expectations on Product Oversight and Governance Requirements Amidst the COVID-19 Situation

Following the decision of April 1, 2020, on the mitigation of the impact of COVID-19 on customers, and in view of the different measures taken by many insurance companies, EIOPA, in the communication of July 9, 2020, intended to clarify its expectations regarding the application of the so-called Product Oversight and Governance (POG) requirements. To […]