Breaking news – New CEBS guidelines published on 10 December

17 January 2012 |

Further to our article – CRD 3 and restrictions on remuneration in the financial services sector (click here),
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
rules.

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.

Guidelines on Remuneration Policies and Guidelines

For further information or to discuss the issues raised, please get in touch.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

Circular 230 disclosure

To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The author


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