Iskaboo Guide to Part VII Transfers

Since it came into effect in 2001 the UK's insurance business transfer mechanism, commonly known as a Part VII transfer, has grown in popularity, receiving a further boost from the implementation of the European Solvency II regulations at the beginning of 2016. This has acted as a key driver for companies looking to restructure their operations and utilise capital more effectively. Among their many uses, Part VII transfers are now the most popular legal mechanism when it comes to exiting from loss making or non-core business portfolios within Europe, or effecting a Europe-wide internal restructure. This is because, given the correct level of preparation, Part VII transfers can generally be straightforward and cost effective to implement. Since 2004 there has been an average of 18 Part VII sanctions a year, with over 250 transfers of life and non-life portfolios effected by the end of December 2015. Many of these transfers have been in order to reorganise business within large insurance groups But the process is equally applicable to transfers between third parties, often in order to dispose of legacy business. Due to increased regulator scrutiny, especially where overseas regulators are involved, the time it takes to obtain approval is becoming longer. This, together with increasingly complex compliance issues, a greater emphasis on notification and a growing range of policyholder objections, can make today's Part VIIs more challenging to implement smoothly. This publication is intended as a practitioner's guide to the implementation issues of a Part VII transfer, setting out the legal basis for the transfer and the sequence of steps which need to be undertaken to carry out the process. It sets out the uses of business transfers and what business may be transferred, and looks at the issues surrounding international recognition of transfers. In addition to setting out the roles played by the court, the IE and the regulators, it provides a list of practical considerations to be taken into account and a timeline to help plan a successful transfer from start to finish.