Publicznoprawne aspekty nabywania znacznych pakietów akcji krajowych zakładów ubezpieczeń.

Abstract

This publication will be devoted to an attempt to solve the problems which may arise - and in practice arise - in the course of the proceedings conducted by the Polish Financial Supervision Authority (KNF) concerning the expression of its position on the acquisition of a qualifying holding in a domestic insurance company (i.e. in fact, the analysis of the institution objecting to the acquisition of a qualifying holding in a domestic insurance company, referred to in Articles 82-98 of the Act of 15 September 2015 on insurance and reinsurance activities).

Due to its size, this study will be divided into two parts; the first part will provide a general description of the institution for the acquisition of qualifying holdings in domestic insurance companies as well as the ratio of subjecting this transaction to a specific legal regime. The first part will also provide a detailed description of the institution of the Article 82 notification. The next part of the article will also present a description of the proceedings conducted by the Polish Financial Supervision Authority concerning the consent/ objection to the acquisition of a significant block of shares in a domestic insurance company, as well as a description of the decisions that may be made in such proceedings and the mechanisms securing the implementation of the obligation under Article 82 et seq. of this Act, and finally the authors will formulate the assessment of the institution under Article 82 et seq. of this Act.