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CP20/25 – Insurance third-country branches: policy implementation and other updates

AI Analysis

Executive Summary

CP20/25 is a PRA consultation paper published on 16 September 2025 that proposes targeted updates to the regulatory framework governing third-country insurance branches operating in the UK. The consultation addresses inconsistencies introduced during the Solvency II review, clarifies supervisory expectations, and increases the subsidiarisation threshold—matters that directly affect the operational and compliance costs of non-UK insurers seeking to maintain branch operations rather than establish subsidiaries in the UK market.

What Changed

The consultation proposes four primary regulatory modifications: Subsidiarisation Threshold Increase The PRA proposes raising the FSCS liability threshold above which third-country branches must establish a UK subsidiary from £500 million to £600 million. The PRA attributes this increase to inflation rather than organic growth, aiming to prevent branches from artificially approaching the current threshold and incurring unnecessary subsidiarisation costs. ORSA Reporting Clarification Current guidance will be updated to clarify that third-country branches must submit an Own Risk and Self Assessment (ORSA) report for the insurance undertaking (the legal entity) rather than the branch alone, including a high-level summary of solvency position, capital buffer rationale, and stress testing res

Suggested Considerations

  • *Threshold Assessment: Larger third-country branches must reassess whether their liabilities, forecast for the coming three years, mean they need to become subsidiaries given the proposed increased subsidiarisation threshold.
  • *Reporting Requirement Review: Branches should review updated guidance on ORSA submissions to ensure they provide the undertaking-level ORSA (rather than branch-specific ORSA) with required high-level summaries of solvency position, capital buffer rationale, and stress testing results.
  • *Quantitative Metrics Compliance: Given new quantitative metrics replacing previous PRA firm categorisation, branches should review what requirements will apply to them to ensure they do not inadvertently misreport.
  • *Three-Year Notification Obligation: Branches should establish processes to notify the PRA where it is projected that they may exceed the subsidiarisation threshold within the next three years.
  • *Asset Holding Verification: Confirm that branch assets are held in respect of branch provisions and that assets backing direct insurance liabilities are available, as required by the new rule.
  • *Consultation Response Consideration: Firms should evaluate whether to submit formal responses to the consultation by 16 December 2025, particularly regarding firm-specific contextual factors relevant to subsidiarisation risk assessment.

Key Dates

16 September 2025
- CP20/25 published by the PRA
16 December 2025 DEADLINE
- Consultation response deadline
H1 2026
- Statement of Policy (SoP) expected to be published; subsidiarisation threshold update anticipated upon SoP publication
31 December 2026
- Planned implementation date for rulebook changes

Compliance Impact

Urgency Rating: HIGH

Who is Affected

*all third-country branch undertakings as defined in the PRA Rulebook and any insurance undertaking not headquartered in the UK or Gibraltar seeking to operate as a branch in the UK. The proposals explicitly do not apply to Swiss general insurers, which are subject to different requirements.Non-UK headquartered insurance undertakings currently operating UK branchesInsurance undertakings approaching the current £500 million FSCS liability thresholdBranches required to submit ORSA reports and resolution reportsLarger third-country branches that must reassess subsidiarisation obligations based on projected three-year liability forecasts

AI-generated analysis. May contain errors or omissions — verify with the original PRA source before acting. Full disclaimer.

Summary

Consultation paper 20/25

Relevant Firm Types

Insurance
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