A working group (chaired by Cooley partner, David Kendall) was established by the Financial Markets Law Committee (FMLC) to examine and report on the lack of clarity surrounding the distinction between a (re)insurer providing services in an EEA Member State and becoming established in that Member State (the “Issue”).

In its Report (available here), the Issue is examined with the UK as the primary jurisdiction and within the context of an EEA (re)insurer seeking to do business or doing business in the UK. Some analysis is also included of the law in other EEA Member States, and of related issues affecting non-EEA (re)insurers.

The report has not been reviewed, approved or adopted by the FMLC but it is published with the permission of the FMLC Secretariat (http://www.fmlc.org/), which was involved in early discussions and project coordination.

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