Yes, as long as they comply with the conditions set out below.
Article 10 of TRIP’s articles of association allows an acquiring company or a new merged entity that is not a member of TRIP to benefit from continued TRIP coverage as long as TRIP received the application for membership by the date when authorisation was published in the Belgian Official Gazette or, in the case of a company authorised to operate in Belgium under the freedom to provide services (FPS), the date when the name of the company was published on the NBB’s website.
In fact, Article 10 of the articles of association specifies that for acquisitions made over the course of the year, TRIP must receive the membership application in the month when authorisation was published. Membership is only valid from the date on which TRIP received the membership application.
Therefore the company wishing to continue benefiting from TRIP coverage must ensure that the membership application is sent to TRIP before the NBB publishes the authorisation, under the suspensive condition that said company will be granted authorisation. This ensures that the date when the company becomes a member of TRIP coincides with the date the company receives authorisation to conduct insurance activities in Belgium (i.e. the publication date).
Please find enclosed a table summarising all the possible scenarios and the corresponding solutions.
Acquiring company | Acquired company | |
Member | Member |
|
Member | Non-member |
|
Non-member | Member |
|
Non-member | Non-member |
|
A | B | |
Member | Member |
|
Member | Non-member |
|
Non-member | Non-member |
|
See Acquisition |