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Suggestions for Legislation to regulate the calculation and investment of the reserve in Life Assurance Companies

Published online by Cambridge University Press:  18 August 2016

Herr Finanzrath Hopf*
Affiliation:
Gotha Life Office

Extract

At the present time the subject of legislation in reference to Insurance Companies is attracting much attention in Germany as well as England. Until quite recently the regulation of insurance matters in Germany was under the sole control of the several States, as is still the case in the United States of America: the former German Confederation possessing neither the organization nor the authority to interfere in the matter. As a consequence of this state of affairs, we are informed that a company organized in one of the German States was regarded in the others as a foreign company, and all companies, whether German or foreign, which desired to extend their business over the whole of Germany, were compelled to put themselves in communication with more than thirty different Governments, each of which had its own special regulations. Some of the larger States had passed laws on the subject, but the provisions of them differed very widely from each other. In the remaining States, each Government imposed on the companies such conditions as it thought proper. This state of things is evidently very unfavourable for Insurance Companies, which require—more than any other undertaking—a wide field for their successful development. Under the old political organization of Germany, a uniform system of legislation, though long and ardently desired, was quite unattainable. But after the events of the year 1866 had led to the formation of the present North German Confederation, which gives a common legislation to at least three-fourths of Germany, the hopes of reformers revived. The 4th article of the Constitution of the Confederation expressly provides that legislation upon insurance shall belong to the province of the Confederation.

Type
Research Article
Copyright
Copyright © Institute and Faculty of Actuaries 1870

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References

page 271 note * The author suggests “Court of Commerce” as a translation of the original “Handels-gericht,” but we. think it more convenient for the English reader to write “Board of Trade,” although this is not strictly accurate.—ED. J. I. A.

page 274 note * Prämien-übertrag. The author here makes use of this expression to distinguish it from the premium-reserve (prämien-reserve), which we have generally translated simply by “reserve.”

page 278 note * It is difficult to say how far these remarks may be true; but there is no doubt a great deal of exaggeration in them, the great majority of the Offices being unquestionably in a sound state.—ED. J. I. A.

page 285 note * Under this term, are included the two classes of “share Companies,” and “Commandite Companies,” which are both mentioned in the original, here and elsewhere. These two classes are sometimes spoken of in the bill as “Trading Companies.”