Kilka uwag w sprawie weryfikacji administracyjnej kandydatów na członków zarządu zakładu ubezpieczeń i reasekuracji
A few remarks on the administrative review of specific candidateto be a member of the executive board of insurance and reinsurance undertaking
Author(s): Robert StefanickiSubject(s): Law, Constitution, Jurisprudence
Published by: Polska Izba Ubezpieczeń
Keywords: general clause; approval of the financial supervision authority; legitimate interest; the discretionary powers; guarantee to ensure discharge of all obligations
Summary/Abstract: The idea of partially personal supervising by the Polish Financial Supervision Authority over the financial market is not questioned, as it may be a part of the overall mechanisms of corporate governance. However, some necessary ways of its realization may raise doubts. The questions concern the assess- ment of verification criteria adopted by such Authority, which are beyond the limits of its competences to issue certain acts. Some regulator’s intervention in insurance activities must be balanced and should aim at aligning the objectives of supervision with the purpose of the insurance company established as a joint-stock company under the Law on Insurance Business. The pursuit of these objectives should take account of the need to simplify administrative supervision and the legislative framework to as great an extent as possible and of the legitimate interest, assessed within the framework of this procedure.
Journal: Wiadomości Ubezpieczeniowe
- Issue Year: 2021
- Issue No: 2
- Page Range: 3-17
- Page Count: 17
- Language: Polish