Holding Law and Its Impact on Insurance Risk Management Processes. Part 1

<ns3:p>First of all, the issue of risk management imposes adaptive processes on the financial market participants. The operation of financial market institutions is governed by legal regulations, which establish the rules for conducting business in this area. The exploration of the impact of holding law on insurance risk management processes results from the need to analyse the amendments to the Commercial Companies Code (KSH) and to evaluate their effects on a particular category of entities, namely insurers. Undoubtedly, risk carrier institutions hold a unique position in the financial market. On the one hand, not only do they provide insurance products and facilitate risk transfer, but they also assume risk consequences. On the other hand, as licensed entities, they serve as public trust institutions. The criterion of their statutory activities distinguishes them from other market players, particularly commercial law companies. The present analysis considers the nature of the Polish insurance market, emphasising its subjective and objective dimensions. Viewed through the lens of the research problem, the analysis of the KSH amendments dedicated to holding matters has been appropriately aligned with the specific requirements. Consequently, the first part of the discussion is devoted to sectoral analysis of insurance risk management, while the second one focuses on the usefulness and applicability of corporate group law provisions for insurers in the multi-entity structures they create.</ns3:p>

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Publication Details

Journal
Prawo Asekuracyjne
Published
2025-05-19
DOI
https://doi.org/10.5604/01.3001.0055.1128
Primary Topic
Law, logistics, and international trade
Type
article
Field-Weighted Citation Impact
0.00
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article

Holding Law and Its Impact on Insurance Risk Management Processes. Part 1

Szymon Kulmaczewski
Prawo Asekuracyjne
Law, logistics, and international trade
article

Holding Law and Its Impact on Insurance Risk Management Processes. Part 1

Szymon Kulmaczewski
article en

Abstract

<ns3:p>First of all, the issue of risk management imposes adaptive processes on the financial market participants. The operation of financial market institutions is governed by legal regulations, which establish the rules for conducting business in this area. The exploration of the impact of holding law on insurance risk management processes results from the need to analyse the amendments to the Commercial Companies Code (KSH) and to evaluate their effects on a particular category of entities, namely insurers. Undoubtedly, risk carrier institutions hold a unique position in the financial market. On the one hand, not only do they provide insurance products and facilitate risk transfer, but they also assume risk consequences. On the other hand, as licensed entities, they serve as public trust institutions. The criterion of their statutory activities distinguishes them from other market players, particularly commercial law companies. The present analysis considers the nature of the Polish insurance market, emphasising its subjective and objective dimensions. Viewed through the lens of the research problem, the analysis of the KSH amendments dedicated to holding matters has been appropriately aligned with the specific requirements. Consequently, the first part of the discussion is devoted to sectoral analysis of insurance risk management, while the second one focuses on the usefulness and applicability of corporate group law provisions for insurers in the multi-entity structures they create.</ns3:p>

Prawo AsekuracyjneVol. 1(122)
Adam Mickiewicz University in Poznań (PL)
Openalex Percentile: Top 84%
Law, logistics, and international trade
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