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Part 2 · Provisions for direct insurance and reinsurance  ›  Division 1 · Authorisation and pursuit of business activity › Section 12

Amendments to the scheme of operations and to enterprise agreements

(1) Any amendment to the components of the scheme of operations of a direct insurance undertaking named in section 9(2), points 1 and 2, any extension of its business operations to a territory outside the member states and contracting states, and the enterprise agreements of a direct insurance undertaking within the meaning of section 9(4), point 1, letter b, and their amendment, revocation, termination, or ending by withdrawal, may be put into effect only once they have been approved by the supervisory authority. The same applies to any extension of the business operations of a reinsurance undertaking to a territory outside the member states or contracting states, or to other types of reinsurance. The first sentence does not apply to amendments to the articles of association whose object is a capital increase. Section 11 applies correspondingly.
(2) Where the business operations are to be extended to other classes of insurance or to other types of reinsurance, the supporting documents for this must be submitted correspondingly to section 9(2) to (4).
(3) Where the business operations are to be extended to a territory outside the member states or contracting states, it must be 1. stated which insurance classes and types, or types of reinsurance, are to be conducted, and 2. demonstrated that the insurance undertaking a) continues, even after the intended extension of the territory of business operations, to meet the provisions on capital endowment in the member states or contracting states, and b) in the case of establishing a branch in a territory outside the member states and contracting states, has obtained any authorisation to conduct business required there, or that no such authorisation is required.

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