5.3 Identification process on individual and consolidated level

When identifying the categories of staff under Article 30(1) of Directive (EU) 2019/2034, investment firms should apply the qualitative and quantitative identification criteria included RTS on identified staff and those additionally set by the investment firms both, on an individual basis, using the figures and considering the situation of the individual investment firm, and in addition on a consolidated basis. On a consolidated basis, the Union parent undertaking should apply the criteria using the consolidated figures and considering the consolidated situation and the impact on the investment firms’ risk profile on a consolidated basis.

When applying qualitative identification criteria at consolidated level, staff members in a subsidiary are only captured if they are responsible for the functions referred to in these criteria on a consolidated basis. For example, a staff member in a subsidiary who is a member of the management body of such subsidiary should be captured by the criterion ‘the staff member is a member of the management body in its management function’ only if he or she is also a member of the management body of the EU parent investment firm.

When applying quantitative identification criteria on a consolidated basis, investment firms should take into account all remuneration awarded to a staff member within the full scope of prudential consolidation.

When applying qualitative identification criteria, investment firms should identify the staff responsible for the function named in the qualitative criteria; the main criterion for the identification is not the name of the function but the authority and responsibility conferred on the function.