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means;
(1) a reinsurance to close effected before 1 January 2005; or
(2) an agreement under which members of a syndicate in one syndicate year ("the reinsured members") agree with the members of that syndicate in a later syndicate year or the members of one other syndicate ("the reinsuring members") that the reinsuring members will discharge, or procure the discharge of, or indemnify the reinsured members against, all known and unknown insurance business liabilities of the reinsured members arising out of the insurance business carried on by the reinsured members in that syndicate year that is:
(a) effected after 1 January 2005; and
(b) not a balance transfer between two syndicate years where the syndicate has only one member and the member is the same in each of those years; or
(3) an agreement under which members of a syndicate in one syndicate year ("the reinsured members") agree with a subsidiary of the Society that that subsidiary will discharge, or procure the discharge of, or indemnify the reinsured members against, all known and unknown insurance business liabilities of the reinsured members arising out of the insurance business carried on by the reinsured members in that syndicate year ("the reinsured liabilities") and where:
(a) that subsidiary is wholly owned by the Society and if from time to time the subsidiary has an asset or cash flow deficiency such that the subsidiary is unable to meet any of the liabilities which it has reinsured, the Society is legally obliged to pay to the subsidiary a sum equal to that deficiency; and
(b) at the effective date of the agreement, the relevant syndicate year has been open for at least two years after the date at which it would normally have been closed in accordance with the policies and practices in relation to the syndicate concerned.
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(a) a reinsurance to close effected before 1 January 2005; or(b) an agreement under which members of a syndicate in one syndicate year ("the reinsured members") agree with the members of that syndicate in a later syndicate year or the members of one other syndicate ("the reinsuring members") that the reinsuring members will discharge, or procure the discharge of, or indemnify the reinsured members against, all known and unknown insurance business liabilities of the reinsured members arising out of the insurance business carried on by the reinsured members in that syndicate year that is:(i) effected after 1 January 2005; and(ii) not a balance transfer between two syndicate years where the syndicate has only one member and the member is the same in each of those years; or(c) an agreement under which members of a syndicate in one syndicate year ("the reinsured members") agree with a subsidiary of the Society that that subsidiary will discharge, or procure the discharge of, or indemnify the reinsured members against, all known and unknown insurance business liabilities of the reinsured members arising out of the insurance business carried on by the reinsured members in that syndicate year ("the reinsured liabilities") and where:(i) that subsidiary is wholly owned by the Society and if from time to time the subsidiary has an asset or cash flow deficiency such that the subsidiary is unable to meet any of the liabilities which it has reinsured, the Society is legally obliged to pay to the subsidiary a sum equal to that deficiency; and(ii) at the effective date of the agreement, the relevant syndicate year has been open for at least two years after the date at which it would normally have been closed in accordance with the policies and practices in relation to the syndicate concerned.
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means a stock lending transaction in respect of which the conditions in Insurance Company – Risk Management 8.2 have been met.
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a stock lending transaction in respect of which the conditions in INSPRU 3.2.36 R have been met.
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means any of the following:
(1) an EEA state;
(2) the United States of America;
(3) Canada;
(4) Japan; or
(5) Australia,
other than when that country has rescheduled its external debt.
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means any of the following:
(1) the European Central Bank;
(2) the central bank of an EEA State;
(3) the International Bank for Reconstruction and Development;
(4) the European Bank for Reconstruction and Development;
(5) the International Finance Corporation;
(6) the International Monetary Fund;
(7) the Inter-American Development Bank;
(8) the African Development Bank;
(9) the Asian Development Bank;
(10) the Caribbean Development Bank;
(11) the European Investment Bank;
(12) the EU; and
(13) the European Atomic Energy Community.
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means a credit institution recognised or permitted under the law of an EEA State to carry on any of the activities set out in Annex 1 to the CRD.
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means the process by which the exchange permits members of the exchange to enter into transactions in that investment under and subject to the rules of the exchange.
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means any of the following:
(1) an approved credit institution;
(2) a firm whose permission including dealing in investments as principal with respect to derivatives which are not listed;
(3) a MiFID investment firm whose authorise (as referred to in article 5 of MiFID) authorises it to carry on activities of the kind referred to in (2); or
(4) in respect of a transaction involving a new issue of securities which are to be listed, the issuer or a MiFID investment firm acting on behalf of the issuer.
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means any of the following:
(1) any security issued or guaranteed by, or the repayment of the principal of which, or the interest of which, is guaranteed by, and any loans to or deposits with, any government, public or local authority or national industry or undertaking, which belongs to an approved State;
(2) any loan to, or deposit with, an approved financial institution; and
(3) any debenture issued before 31 December 1994 by the Agricultural Mortgage Corporation Limited on the Scottish Agricultural Securities Corporation Limited.
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means analogous non-reinsurance financing agreements, including contingent loans, securitisations and any other arrangements in respect of contracts of insurance that are analogous to contracts of reinsurance in terms of the risks transferred and the finance provided.
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means a quasi-derivative in respect of which the conditions in Insurance Company – Risk Management 6.2 are met.
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means the regulated activity, specified in article 64 of the Regulated Activities Order (Agreeing to carry on specified kinds of activity).
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means a derivative in respect of which the conditions in Insurance Company – Risk Management 6.2 are met.
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means a person in relation to whom the FCA or the PRA has given its approval under section 59 of FSMA (Approval for particular arrangements) for the performance of a controlled function.
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any form of security for the discharge of any liability arising from a contingent liability investment (other than a guarantee) which:(a) (in relation to an on-exchange transaction) is acceptable under the rules of the relevant exchange or clearing house; and(b) (in relation to an OTC transaction) would be acceptable for a similar transaction to the relevant exchange or clearing house.
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any depositary:(a) which is subject to regulation by a national regulatory body in connection with its custody services;(b) which is required to prepare audited accounts;(c) whose latest annual audit report is not materially qualified; and(d) which(i) has minimum net assets of £5 million (or its equivalent in any other currency at the relevant time) and has surplus revenue over expenditure for the last two financial years; or(ii) if not, nevertheless has adequate financial resources for its business.
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(in respect of a financial sector) applicable sectoral consolidation rules for that financial sector and the appropriate regulator's sectoral rules about capital adequacy and solvency for:which of those sets of rules apply for the purpose of a particular calculation depends on the nature of that calculation.
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a person in relation to whom the FCA or the PRA has given its approval under section 59 of the Act (Approval for particular arrangements) for the performance of a controlled function.
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(1) (in COLL) a transferable security that is admitted to official listing in an EEA State or is traded on or under the rules of an eligible securities market (otherwise than by the specific permission of the market authority).(2) (in INSPRU ) any of the following:(a) any security issued or guaranteed by, or the repayment of the principal of which, or the interest on which, is guaranteed by, and any loans to or deposits with, any government, public or local authority or nationalised industry or undertaking, which belongs to a Zone A country;(b) any loan to, or deposit with, an approved financial institution;(c) any debenture issued before 31 December 1994 by the Agricultural Mortgage Corporation Limited or the Scottish Agricultural Securities Corporation Limited.(3) (in COBS ) any of the following:(a) any security issued or guaranteed by, or the repayment of the principal of which, or the interest on which is guaranteed by, and any loan to or deposit with, any government, public or local authority or nationalised industry or undertaking that belongs to Zone A as defined in the Banking Consolidation Directive; or(b) any loan to, or deposit with, an approved financial institution; or(c) debentures issued before 31 December 1994 by the Agricultural Mortgage Corporation Ltd or the Scottish Agricultural Securities Corporation Ltd.