Article 64
Assessment of the application — Recoverability of the funds
Supervisory authorities shall take all of the following into account for the purposes of the assessment of the recoverability of the funds referred to in Article 90(4)(b) of Directive 2009/138/EC:
(a)
whether the recoverability of the funds is increased as a result of the availability of collateral or an analogous arrangement that complies with Articles 209 to 214;
(b)
whether there is any current or foreseeable practical or legal impediment to the recoverability of the funds;
(c)
whether the recoverability of the funds is subject to legal or regulatory requirements;
(d)
the ability of the insurance or reinsurance undertaking to take action to enforce the counterparties' satisfaction of their commitments under the ancillary own funds item.