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Commission Regulation
(EC) No 2236/2004 of 29 December 2004 amending
Regulation (EC) No 1725/2003 adopting certain
international accounting standards in accordance with
Regulation (EC) No 1606/2002 of the European Parliament
and of the Council as regards International Financial
Reporting Standards (IFRSs) Nos 1, 3 to 5, International
Accounting Standards (IASs) Nos 1, 10, 12, 14, 16 to 19,
22, 27, 28, 31 to 41 and the interpretations by the
Standard Interpretation Committee (SIC) Nos 9, 22, 28
and 32.
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Shadow
accounting
30. In some accounting models, realised gains or losses on
an insurer’s assets have a direct effect on the measurement
of
some or all of (a) its insurance liabilities, (b) related
deferred acquisition costs and (c) related intangible assets,
such as
those described in paragraphs 31 and 32. An insurer is
permitted, but not required, to change its accounting
policies
so that a recognised but unrealised gain or loss on an asset
affects those measurements in the same way that a realised
gain or loss does. The related adjustment to the insurance
liability (or deferred acquisition costs or intangible
assets)
shall be recognised in equity if, and only if, the
unrealised gains or losses are recognised directly in equity.
This practice
is sometimes described as ‘shadow accounting’.
Insurance
contracts acquired in a business combination or portfolio
transfer
31. To comply with IFRS 3
Business Combinations, an insurer
shall, at the acquisition date, measure at fair value the
insurance
liabilities assumed and insurance assets acquired in a
business combination. However, an insurer is permitted, but
not required, to use an expanded presentation that splits
the fair value of acquired insurance contracts into two
components:
(a) a liability measured in accordance with the insurer’s
accounting policies for insurance contracts that it issues;
and
(b) an intangible asset, representing the difference between
(i) the fair value of the contractual insurance rights acquired and insurance obligations assumed and (ii) the
amount described in (a). The subsequent measurement of this asset shall be consistent with the measurement of the
related insurance liability.
32. An insurer acquiring a portfolio of insurance contracts
may use the expanded presentation described in paragraph 31.
33. The intangible assets described in paragraphs 31 and 32
are excluded from the scope of IAS 36 Impairment of Assets and IAS 38
Intangible Assets. However, IAS 36 and IAS 38
apply to customer lists and customer relationships
reflecting the expectation of future contracts that are not part of the
contractual insurance rights and contractual insurance
obligations that existed at the date of a business combination or
portfolio transfer.
Discretionary
participation features
Discretionary
participation features in insurance contracts
34. Some insurance contracts contain a discretionary
participation feature as well as a guaranteed element. The
issuer of such
a contract:
(a) may, but need not, recognise the guaranteed element
separately from the discretionary participation feature. If the issuer does not recognise them separately, it shall
classify the whole contract as a liability. If the issuer
classifies them separately, it shall classify the guaranteed element as
a liability.
(b) shall, if it recognises the discretionary participation
feature separately from the guaranteed element, classify
that feature as either a liability or a separate component of
equity. This IFRS does not specify how the issuer determines whether that feature is a liability or equity. The issuer
may split that feature into liability and equity components and shall use a consistent accounting policy for that split.
The issuer shall not classify that feature as an intermediate category that is neither liability nor equity.
(c) may recognise all premiums received as revenue without
separating any portion that relates to the equity component. The resulting changes in the guaranteed element and in the
portion of the discretionary participation feature classified as a liability shall be recognised in profit or
loss. If part or all of the discretionary participation
feature is classified in equity, a portion of profit or loss may be
attributable to that feature (in the same way that a portion may be attributable to minority interests). The
issuer shall recognise the portion of profit or loss
attributable to any equity component of a discretionary participation
feature as an allocation of profit or loss, not as expense or income (see IAS 1
Presentation of Financial
Statements).
(d) shall, if the contract contains an embedded derivative
within the scope of IAS 39, apply IAS 39 to that embedded derivative.
(e) shall, in all respects not described in paragraphs 14-20
and 34(a)-(d), continue its existing accounting policies for such contracts, unless it changes those accounting policies
in a way that complies with paragraphs 21-30.
Discretionary
participation features in financial instruments
35. The requirements in paragraph 34 also apply to a
financial instrument that contains a discretionary
participation feature.
In addition:
(a) if the issuer classifies the entire discretionary
participation feature as a liability, it shall apply the
liability adequacy test in paragraphs 15-19 to the whole contract (ie both the
guaranteed element and the discretionary participation feature). The issuer need not determine the amount that
would result from applying IAS 39 to the guaranteed element.
(b) if the issuer classifies part or all of that feature as
a separate component of equity, the liability recognised for
the whole contract shall not be less than the amount that would
result from applying IAS 39 to the guaranteed element. That amount shall include the intrinsic value of an option
to surrender the contract, but need not include its time value if paragraph 9 exempts that option from
measurement at fair value. The issuer need not disclose the amount that would result from applying IAS 39 to the
guaranteed element, nor need it present that amount separately. Furthermore, the issuer need not determine that
amount if the total liability recognised is clearly higher.
(c) although these contracts are financial instruments, the
issuer may continue to recognise the premiums for those contracts as revenue and recognise as an expense the
resulting increase in the carrying amount of the liability.
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