Further to our article – CRD 3 and restrictions on remuneration in the financial services sector,
the Committee of European Banking Supervisors (“CEBS”) has published
new guidelines on the Capital Requirements Directive (“CRD 3”).
These Guidelines will be implemented on 1 January 2011 along with
CRD 3. They require that up to 60% of total remuneration in relevant
financial services firms should be deferred and that the cash element
should be limited to between 20% and 30% of total remuneration.
It has been confirmed that some senior executives of non-European
banks who are themselves based outside the EU will be caught by the new
The worldwide staff of EU based banks, and not just their EU based staff, will be caught by the guidelines.
In the UK, the Financial Services Authority (“FSA”) is to decide how
to implement the proposals into its pay code within the next couple of
days. It is believed that the FSA is considering imposing the rules
only on those financial institutions which are “systemically
important”. This would have the effect of greatly reducing the number
of financial services firms who would be affected by these new rules.
As a result of these guidelines it is expected that some banks will have to postpone their annual pay and bonus round.
For further information or to discuss the issues raised, please get in touch.