ВЛИЯНИЕ НА НОРМАТИВНАТА УРЕДБА ПРИ ОПРЕДЕЛЯНЕ НЕОБХОДИМИЯ РАЗМЕР НА ТЕХНИЧЕСКИТЕ РЕЗЕРВИ ПО ЗАСТРАХОВКА „ГРАЖДАНСКА ОТГОВОРНОСТ“ НА АВТОМОБИЛИСТИТЕ
INFLUENCE OF THE LEGAL FRAMEWORK IN DETERMINING THE REQUIRED AMOUNT OF TECHNICAL RESERVES FOR MOTOR THIRD PARTY LIABILITY INSURANCE

Summary/Abstract: The problems arising from the recent global financial and economic crisis have led to a rethinking of many texts both in local laws and at Community level. New rules and regulations have gradually been introduced concerning all economic agents operating within the European Union. The introduction of these regulations in the field of insurance is associated with the adoption of Solvency II Directive. The implementation of the Directive in the Bulgarian legislation was realized with the adoption of a new Insurance Code, effective as of 1 January 2016 and Financial Supervision Commission’s Ordinance No 53 of 19 January 2017, which determines the order and method of allocation of technical reserves by the insurers working on the Bulgarian insurance market. The study assesses the impact of the regulatory framework on the technical reserves of insurance companies offering Motor Third Party Liability Insurance. It outlines the problems that insurers have to deal with and the effect that the methods, used for calculating the required amount of technical reserves, have on the insurance company’s balance sheet. The study has shown that there are differences in the methodologies described in the Solvency II Directive and Ordinance No 53 of Financial Supervision Commission. They concern the valuation of insurance companies’ assets and liabilities, the recognition of cash flows and the treatment of insurance income and expenses. Therefore, legislative changes are needed to synchronize the requirements of Bulgarian legislation with the European Directive Solvency II, with a view to optimizing the amount of technical reserves for Motor Third Party Liability Insurance.

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