EU Regulation of Remuneration

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Financial markets, governance, and regulation

2014-2015

Professor: Pierre Francotte

Baldinucci Stephanie, Mehovic Mersud, Scheer Christophe

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Agenda

1) Remuneration in banks and hedge funds

• Type of remuneration

• Problems on the onset of the financial crisis and objectives

• Growth statistics

2) EU Regulation of Remuneration

• Main regulations and respective authorities

• Main measures implemented

3) Assessing the efficacy of regulations and current problems

4)Conclusion

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Remuneration Eu Regulation

Efficacity and problems

How are they paid?

• Fixed vs. variable salary related on performance

• Golden parachutes, Sign on bonuses

Problems on the onset of the financial crisis:

Misalignment of incentives : actions contrary to the long term viability of the firm

Mismatch between pay and performance and reward for failure

Excessive risk taking and short terminism

Need for regulation!

Mispricing of risk management of the link between risk and remuneration

Conclusion

European

Commission’s 4 main objectives:

(1)To align pay with long-term performance

(2)To give the right incentives to reduce excessive risk taking

(3)To improve corporate governance

(4)To increase power of supervisory authorities

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Remuneration Eu Regulation

Efficacity and problems

Importance of variable payments through time:

Conclusion

In 2008 for the EU: 50% base salary, 21% total bonuses, 19% equity, 10% other

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Remuneration Eu Regulation

Efficacity and problems

Main regulations and respective authorities:

Conclusion

• Common measures for both sectors at the beginning

• Banking sector adapts first

• CRD III was the first binding measure

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Remuneration Eu Regulation

Efficacity and problems

Scope :

• credit institutions and investment firms at group, parent and

Conclusion subsidiary levels

Identified staff :

• Material impact on the risk profile of the financial institution

• EBA regulatory standards (qualitative and quantitative):

• Remuneration higher than 500 000 per year

• 0.3 % of staff gaining most

• Superior or equal salaries as senior managers or risk takers

Proportionality: implement measures in a way that is proportional to their size and to the scope and complexity of their actions

Bloc I : Risk alignment

Variable/fix ratio of 100%

(200% with approval)

At least 50% of variable: equity and equity like instruments

Deferral of 40 to 60% of variable remuneration for 3 to 5 years

Malus and claw back

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Remuneration Eu Regulation

Efficacity and problems

Conclusion

Bloc II: Governance

• Management body in its supervisory function

• Remuneration committee and control functions

Bloc III : Transparency :

• Disclosure of general and specific requirements

• Additional rules for individuals earning more than 1 mio per year

Example:

• 50 % equity

• 50% cash

• 40% deferral

• Malus and claw backs

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Remuneration Eu Regulation

Efficacity and problems

Conclusion

Impact of Variable fix ratio on excessive risk-takings

• Structural shift to fixed payment

• Loss of talented people, which reduces the European competitiveness

• Risk taking decreases due to the cap of the variable payment

2012 2011 2010

Source: EBA

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Remuneration Eu Regulation

Efficacity and problems

Conclusion

Impact of the deferral, malus and claw backs and equity guidelines

• No impact of claw backs on fixed income

• Limited focus on short-term

• Better alignment with the pay and the long term performance

• Being paid in shares increases the long term incentives

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Remuneration Eu Regulation

Efficacity and problems

Conclusion

Current problems:

• "creative" compensation arrangements and introduction of ‘role-based allowances’

• ambiguous interpretations

• EBA has to act as the watchdog

Effect of allowances on the ratio between components of remuneration

Source: EBA

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Conclusion

Problems in the remuneration structure highlight the need for regulation

Successful adoption of various measures:

Reduction in excessive risk-taking and link pay with long-term performance

Some drawbacks:

Structural shift to fix, drive away talents from Europe and creative compensation schemes

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Thank you for your attention!

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