Inadequate level of technical provisions

(1) Where an insurance undertaking, as a result of a breach of the duties governed by sections 74 to 88, establishes only inadequate technical provisions, the supervisory authority may restrict or prohibit the undertaking's free disposal of its assets.
(2) Subsection (1) applies correspondingly where an insurance undertaking does not establish adequate technical provisions within the meaning of sections 341e to 341h of the Commercial Code.
(3) Where the supervisory authority intends to prohibit or restrict free disposal of the assets under subsection (1), it must first inform the supervisory authority of the member state or contracting state in which the undertaking maintains a branch or provides services, and specify the assets that are to be the subject of the intended measure.