# Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast) (Text with EEA relevance), Article 269: Adoption of reorganisation measures applicable law

Extent: E+W+S+N.I.

1. Only the competent authorities of the home Member State shall be entitled to decide on the reorganisation measures with respect to an insurance undertaking, including its branches.
2. The reorganisation measures shall not preclude the opening of winding-up proceedings by the home Member State.
3. The reorganisation measures shall be governed by the laws, regulations and procedures applicable in the home Member State, unless otherwise provided in Articles 285 to 292.
4. Reorganisation measures taken in accordance with the legislation of the home Member State shall be fully effective throughout the Community without any further formalities, including against third parties in other Member States, even where the legislation of those other Member States does not provide for such reorganisation measures or alternatively makes their implementation subject to conditions which are not fulfilled.
5. The reorganisation measures shall be effective throughout the Community once they become effective in the home Member State.

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Source: https://www.legislation.gov.uk/eudr/2009/138/article/269 (the official version)
Page: https://openlegislation.uk/eu-directive-2009-138/article-269
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.