Updated 18/09/2024
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Article 6 - Alternative arrangements

Article 6

Alternative arrangements

Alternative arrangements that may be used by investment firms for the pay-out of variable remuneration under Article 32(1), point (k), of Directive (EU) 2019/2034, subject to the approval of the competent authority, shall comply with all of the following conditions:

(a)

the alternative arrangement contributes to the alignment of the variable remuneration with the long-term interests of the investment firm, its creditors and clients;

(b)

the alternative arrangement is subject to a retention policy designed to align the incentives of the individual with the longer-term interests of the investment firm, its creditors and clients, the retention period shall be at least six months;

(c)

the amount received under an alternative arrangement and the applicable conditions are well documented and transparent to the staff member receiving variable remuneration under such an arrangement;

(d)

for amounts received under deferral and retention arrangements the alternative arrangement ensures that staff cannot access, transfer or redeem the deferred part of variable remuneration during such periods;

(e)

the alternative arrangement does not provide for the increase of the value of the variable remuneration received during deferral periods by interest payments or other similar arrangements other than by arrangements that fulfil the conditions laid down in point (f);

(f)

where the alternative arrangement allows for predetermined changes of the value received as variable remuneration during deferral and retention periods, based on the performance of the investment firm or the managed assets, the following conditions shall be met:

(i)

the change of the value is based on predefined performance indicators that are based on the credit quality of the investment firm or the performance of the managed assets;

(ii)

where deferral and retention have to be applied, value changes should be calculated at least annually and at the end of the retention period;

(iii)

the rate of possible positive and negative value changes should equally be based on the level of positive or negative credit quality changes or performance measured;

(iv)

where the value change under point (i) is based on the performance of assets managed, the percentage of value change is limited to the percentage of value change of the managed assets;

(v)

where the value change under point (i) is based on the credit quality of the investment firm, the percentage of value change is limited to the percentage of the annual total gross revenue in relation to the investment firms total own funds;

(g)

the alternative arrangement does not hinder the application of Article 32(1), point (m), of Directive (EU) 2019/2034.