7. Additional specifications for the submission of information on derogations in Annex IV

Investment firms should specify in Annex IV whether they are subject to the derogations under Article 32(4) of Directive (EU) 2019/2034/EU regarding the requirement to pay out a part of variable remuneration in instruments and under deferral arrangements, and provide the information requested regarding the identified staff to whom the derogations are applied.

Derogations under Article 32(4) of Directive 2013/36/EU should be considered to be applied when the investment firm that is subject to the derogation decides not to apply the minimum requirements regarding the portion to be deferred or paid out in instruments under Article 32(1) of that Directive (e.g. a derogation is still applied if 30% of an executive director ‘s variable remuneration is deferred, or if it is deferred for only three years, as the minimum requirements of 40% deferral for at least four years have not been met).