4.4 Legal risk - Scor
4.4 Legal risk - Scor
4.4 Legal risk - Scor
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Other long-term benefits<br />
In some countries, the Group rewards employees for length of service by granting them a lump sum after certain periods of<br />
service. The primary country providing this benefit is France. For France, the present value of the obligation is calculated<br />
annually by an independent actuary using the projected unit credit method and is recognized on the balance sheet.<br />
(P) PROVISIONS AND CONTINGENCIES<br />
Management assesses provisions, contingent assets and contingent liabilities and the likely outcome of pending or probable<br />
events, for example from lawsuits or tax disputes, on an ongoing basis. The outcome depends on future events that are by<br />
nature uncertain. In assessing the likely outcome of events, management bases its assessment on external legal assistance<br />
and established precedents.<br />
Provisions, contingent assets and contingent liabilities have also been assessed at the acquisition date for the entities<br />
acquired. Such positions are subject to revision as at the acquisition date while the initial accounting is not final. Any<br />
revision after the initial accounting is final is recognized in the statement of income in accordance with IFRS 3 – Business<br />
Combinations.<br />
(Q) SHARE-BASED PAYMENTS<br />
The Group offers stock option plans to certain of its employees. The fair value of the services received in exchange for the<br />
granting of options is recognized as an expense. The total amount that is recognized over the vesting period is established<br />
by reference to the fair value of options granted, excluding conditions of attribution that are not linked to market conditions<br />
(return on equity (ROE), for example). These conditions are taken into account when determining the probable number of<br />
options which will be acquired by the beneficiaries. At each balance sheet date, the Group reviews the estimated number of<br />
options which will be acquired. Any impact is then recorded in the statement of income with the offsetting entry in<br />
shareholders’ equity over the remaining vesting period.<br />
The Group also grants shares to certain of its employees. These grants are recorded in expenses over the vesting period<br />
with the offset recorded as an increase in shareholder’s equity.<br />
The dilutive effect of outstanding options is reflected in the calculation of the diluted earnings per share.<br />
(R) TAXES<br />
The tax expense for the period comprises current and deferred tax. Tax is recognized in the statement of income except to<br />
the extent that it relates to items recognized in other comprehensive income or directly in equity.<br />
The current income tax charge is calculated on the basis of tax laws enacted or substantively enacted at the end of the<br />
reporting period in countries where the Group’s subsidiaries and associates operate and generate taxable income.<br />
Management periodically evaluates positions taken in tax returns. Assessing the outcome of uncertain tax positions requires<br />
judgments to be made regarding the result of negotiations with, and enquiries from, tax authorities in a number of<br />
jurisdictions. Provisions for tax contingencies require management to make judgments and estimates in relation to tax<br />
issues and exposures. Amounts provided are based on management’s interpretation of country specific tax law and the<br />
likelihood of settlement. Tax benefits are not recognized unless the tax positions are probable of being sustained. In arriving<br />
at this position, management reviews each material tax benefit to assess whether a provision should be taken against full<br />
recognition of the benefit on the basis of potential settlement through negotiation and/or litigation.<br />
Deferred taxes are recognized using the balance sheet liability method, for all temporary differences at the balance sheet<br />
date between the tax base of assets and liabilities and their carrying value on the balance sheet.<br />
The main temporary differences arise from tax losses carried forward and the revaluation of certain financial assets and<br />
liabilities including derivative contracts, certain insurance contract liabilities, provisions for pensions and other postretirement<br />
benefits. In addition, temporary differences arise on acquisitions due to the difference between the fair values of<br />
the net assets acquired and their tax base. Deferred tax is provided on temporary differences arising from investments in<br />
subsidiaries, associates and joint ventures, except where it is probable that the difference will not reverse in the foreseeable<br />
future.<br />
Deferred taxes are not provided in respect of temporary differences arising from the initial recognition of goodwill, or from<br />
goodwill for which amortization is not deductible for tax purposes, or from the initial recognition of an asset or liability in a<br />
transaction which is not a business combination and affects neither accounting profit nor taxable profit or loss at the time of<br />
the transaction.<br />
Deferred tax assets are recognized on net operating losses carried forward to the extent that it is probable that future<br />
taxable profit will be available to utilize those net operating losses carried forward. Management makes assumptions and<br />
estimates related to income projections to determine the availability of sufficient future taxable income. SCOR uses a<br />
discounted cash flow model comprised of an earnings model, which considers forecasted earnings, and other financial ratios<br />
of legal entity based on board approved business plans, which incorporate key drivers of the underwriting results. Business<br />
plans include assessments of gross and net premium expectations, expected loss ratios and expected expense ratios,<br />
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