European Banking Authority Publishes Final Guidelines On Sound Remuneration And Recommends Legislative Changes

Author:Shearman & Sterling LLP
Profession:Shearman & Sterling LLP

On December 21, 2015, the European Banking Authority published final Guidelines on sound remuneration policies and an Opinion on the application of proportionality to the remuneration provisions in the Capital Requirements Directive. The final Guidelines are applicable to banks and investment firms and cover all staff with particular aspects focusing on staff whose professional activities have a material impact on a firm's risk profile. The Guidelines will apply from January 1, 2017, a year later than originally intended. Therefore, firms do not need to amend their existing compensation practices for the 2016 performance year. The Guidelines set out detailed requirements for remuneration policies, the related governance arrangements and processes for implementing remuneration policies, updating the guidelines on remuneration policies published by the Committee of European Banking Supervisors to take into account changes introduced by the revised CRD IV, technical standards on the identification of staff and on the instruments which can be used for variable remuneration, the EBA's opinion on the use of allowances and industry developments.

The EBA's Opinion, addressed to the European Commission, European Parliament and Council, includes a proposed draft legislative proposal which would amend some of the remuneration requirements...

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