+9.1 Guaranteed variable remuneration

9.1 Guaranteed variable remuneration

155.Guaranteed variable remuneration can take several forms, such as a ‘guaranteed bonus‘, ‘welcome bonus‘, ‘sign - on bonus‘, ‘minimum bonus‘, etc., and can be awarded either in cash or in instruments.

156.When awarding guaranteed variable remuneration in accordance with Article 94(1)(d) and (e) of Directive 2013/36/EU when hiring new staff, institutions are not permitted to guarantee variable remuneration for longer than the first year of employment. Guaranteed variable remuneration is exceptional and can only occur where the institution has a sound and strong capital base, in accordance with Article 94(1)(e) of that Directive and section 6 of these guidelines.

157.Institutions should only award once to the same single staff member guaranteed variable remuneration. This requirement should also apply at a consolidated and sub-consolidated level and includes situations where staff receive a new contract from the same institution or another institution within the scope of consolidation.

158.Institutions and competent authorities may decide to not include the amount of guaranteed variable remuneration in the calculation of the ratio between the fixed and variable components of the total remuneration for the first performance period, where the guaranteed variable remuneration is awarded when hiring new staff before the first performance period starts.

159.As part of the arrangements guaranteeing this part of variable remuneration, institutions may decide to not apply the requirements on malus and clawback arrangements to guaranteed variable remuneration. Institutions may pay out the full amount in non-deferred cash.

1. Översikt

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Rubrik Reglering

1.1 Referenser

1.2 Identifierade krav

1.3 Relaterade standarder

2. Identifierade krav

Krav
Källa Krav

3. Relaterade standarder

Standarder
Källa Krav
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