36. When submitting tables REM1, REM2, REM3, REM4 and REM5 of Commission Implementing Regulation …

When submitting tables REM1, REM2, REM3, REM4 and REM5 of Commission Implementing Regulation (EU) 2021/637, and Annexes II and III of these Guidelines, identified staff should be understood as those members of staff who have a material impact on the institutions’ risk profile s as identified in all institutions and other subsidiaries on a consolidated basis and to whom the remuneration provisions under Articles 92 and 94 of Directive 2013/36/EU apply, whereby the members of the management body of subsidiaries are reported under the business areas rather than under the ‘management body’ function. ‘ Identified staff ’ is the aggregation of:

• a. identified staff in institutions that fall under the prudential scope of consolidation irrespective of whether they are identified at the individual or the consolidated level;
• b. in accordance with Article 109(5) of Directive 2013/36/EU, staff members that are mandated to perform activities that have a direct material impact on the risk profile or the business of the institutions within subsidiaries that are an asset management company or an undertaking that provides the investment services and activities listed in points (2), (3), (4), (6) and (7) of Section A of Annex I to Directive 2014/65/EU;
• c. identified staff in subsidiaries to whom Member States apply Articles 92, 94 and 95 on a consolidated basis in accordance with Article 109(6) of Directive 2013/36/EU, where the staff members have a material impact on the institutions ’ risk profile at a consolidated level; and
• d. identified staff in other entities to whom Articles 92 and 94 of Directive 2013/36/EU apply only on a consolidated basis, i.e. entities that are neither institutions nor subsidiaries that are subject to a specific remuneration framework in accordance with Article 109(4) of Directive 2013/36/EU with regard to those staff members whose professional activities have a material impact on the institutions ’ risk profile at a consolidated level.

1. Overview

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

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