AI Summary of Article 132 Prudent person principle
Insurance and reinsurance undertakings must invest all assets in accordance with the prudent person principle and only in assets and instruments whose risks can be properly identified, measured, monitored, managed, controlled and reported. All assets, including those covering the Minimum Capital Requirement and Solvency Capital Requirement, must be invested to ensure the security, quality, liquidity, profitability and localisation necessary for availability. Assets held to cover technical provisions must be appropriate to the nature and duration of liabilities and invested in the best interests of policyholders and beneficiaries; conflicts of interest must be resolved in those best interests.
Where investment risk is borne by policyholders, technical provisions must be represented as closely as possible by relevant units or by assets that closely replicate the reference value; guarantees attached to such benefits require appropriate asset coverage. Derivatives are permitted for risk reduction or efficient portfolio management; investments not admitted to trading on a regulated market must be kept to prudent levels; portfolios must be diversified to avoid excessive issuer, group or geographic concentration. Investment strategy must take account of macroeconomic and financial developments, sustainability risks and, at the request of the supervisory authority, macroprudential concerns; supervisory consideration of group‑level assessments applies where relevant.
Article 132 Prudent person principle
1. Member States shall ensure that insurance and reinsurance undertakings invest all their assets in accordance with the prudent person principle, as specified in paragraphs 2, 3 and 4.
2. With respect to the whole portfolio of assets, insurance and reinsurance undertakings shall only invest in assets and instruments whose risks the undertaking concerned can properly identify, measure, monitor, manage, control and report, and appropriately take into account in the assessment of its overall solvency needs in accordance with point (a) of the second subparagraph of Article 45(1).
All assets, in particular those covering the Minimum Capital Requirement and the Solvency Capital Requirement, shall be invested in such a manner as to ensure the security, quality, liquidity and profitability of the portfolio as a whole. In addition the localisation of those assets shall be such as to ensure their availability.
Assets held to cover the technical provisions shall also be invested in a manner appropriate to the nature and duration of the insurance and reinsurance liabilities. Those assets shall be invested in the best interest of all policy holders and beneficiaries taking into account any disclosed policy objective.
In the case of a conflict of interest, insurance undertakings, or the entity which manages their asset portfolio, shall ensure that the investment is made in the best interest of policy holders and beneficiaries.