Non-compliance with the Minimum Capital Requirement

(1) Where the Minimum Capital Requirement is no longer complied with, or where this is expected to occur within the following three months, the insurance undertaking must inform the supervisory authority of this without delay.
(2) Within one month of the insurance undertaking identifying that the Minimum Capital Requirement is not complied with, it submits a short-term, realistic financing plan to the supervisory authority for approval. This plan sets out how the eligible basic own funds are to be increased, within three months, to at least the amount of the Minimum Capital Requirement, or how the risk profile is to be reduced so that the Minimum Capital Requirement is again complied with.
(3) The supervisory authority may restrict or prohibit the insurance undertaking's free disposal of its assets; section 133(3) and section 134(8) apply correspondingly.