2012-11-13
The Prudential Control Authority (ACPr) issued Instruction No. 2012-I-05 to mandate the annual electronic submission of detailed remuneration data from credit institutions and investment firms. The directive requires subject institutions to report on total and variable compensation for all staff, with specific consolidated reporting thresholds based on balance sheet size and a dedicated annex for personnel earning over EUR 1 million. Data must be submitted by year-end for transitional periods and annually by June thereafter, using standardized Excel formats and electronic signatures to ensure alignment with internal control regulations.
The Prudential Control Authority, Having regard to the Monetary and Financial Code, in particular Article L. 612-24 thereof; Having regard to Regulation No. 97-02 of 21 February 1997 on the internal control of credit institutions and investment firms; Having regard to the opinion of the Prudential Affairs Advisory Committee of 30 October 2012; Decides:
Article 1 – Subject Institutions The following are subject to this Instruction: For the reporting forms in Annexes 1 and 2, credit institutions and investment firms with a balance sheet size exceeding EUR 1,000 billion. For the reporting form in Annex 3, all credit institutions. Investment firms are excluded from this exercise, unless they are included in the consolidation perimeter of another institution subject to this data collection.
Article 2 – Consolidation Perimeter 2.1. The reporting is carried out on a consolidated basis, covering all subsidiaries and branches of the concerned institution. 2.2. For Annex 3, data from subsidiaries and branches outside the European Economic Area are excluded from this exercise.
Article 3 – Information to be Submitted 3.1. The reporting forms provided in the annexes (Annexes 1, 2, and 3) must be completed by the institutions mentioned in Article 1. Institutions must transmit data covering all staff members (employees and statutory officers). Unless otherwise provided, the transmitted data must be consistent with the definitions and provisions relating to remuneration policies set out in Regulation No. 97-02 on internal control. 3.2. Subject institutions must submit the information to the General Secretariat of the Prudential Control Authority using year-end accounting data denominated in euros. 3.3. Regarding Annex 3: Data must be submitted in a separate form for each Member State in which the group operates and where staff members whose remuneration exceeds EUR 1 million are employed. Data concerning staff members whose remuneration exceeds EUR 1 million who perform professional activities for legal entities present in different Member States (e.g., both for the parent company and at the subsidiary level, when the subsidiary is incorporated in another Member State) or who perform professional activities in a branch located in a host Member State must be reported in the form specific to the Member State where they primarily perform their professional activities. Data concerning staff members performing professional activities both inside and outside the EEA must be reported in the form specific to the Member State if they primarily perform their professional activities within the EEA. Subject institutions must, for the identification of staff members receiving remuneration exceeding EUR 1 million, use the conversion table provided by the European Banking Authority and available on the EBA website when remuneration is paid in a currency other than the euro. Institutions that have no staff members whose remuneration exceeds EUR 1 million within their EEA consolidation perimeter must indicate this to the ACPr.
Article 4 – Frequency of Data Collection, Submission Deadline, and Reference Years Data must be transmitted once a year before the end of June, in electronic form. The forms are transmitted according to the technical specifications necessary for their processing by the General Secretariat of the Prudential Control Authority. They must bear an electronic signature.
Article 5 – Transitional Provisions For the year 2012, subject institutions must submit to the General Secretariat of the Prudential Control Authority data concerning remuneration awarded in 2010 and 2011. This data must be submitted before 31 December 2012 based on the reporting forms provided in Annexes 1, 2, and 3, in a file format supported by Excel software and sent by email to the following address: reporting.remuneration@acp.banque-france.fr. This Instruction enters into force on the date of its signature. Paris, 13 November 2012 The President of the Prudential Control Authority, [Christian NOYER]
Annex 1 Information on the Remuneration of the Entire Workforce Name of the institution/group: Reference year for which remuneration is awarded: (indicate the year)
| Activity Sector | Investment Banking¹ | Retail Banking² | Asset Management³ | Other⁴ |
|---|---|---|---|---|
| Total Headcount⁵ | ||||
| Net Income (in euros) | ||||
| Total Remuneration⁶ (in euros) | ||||
| Of which: Total Variable Remuneration⁷ (in euros) | ||||
| Other activity sectors: |
¹ Including investment services and their ancillary services. ² Including lending activities to individuals and professionals. ³ Including portfolio management, UCITS, and other asset management. ⁴ The institution lists here staff members who are difficult to assign to any of the first three categories. Where applicable, the institution indicates the activity sector of these individuals. ⁵ Full-time equivalent based on data as of 31 December of the relevant year. ⁶ Total remuneration includes fixed remuneration and all variable remuneration components. The reported amounts must be gross remuneration figures, net of mandatory contributions to social security institutions and comparable schemes. ⁷ Variable remuneration corresponds to salary supplements and additional benefits awarded based on performance or contractual clauses. This includes deferred and non-deferred variable remuneration. It also includes discretionary pension benefits, amounts relating to guaranteed variable remuneration, and severance pay.
Annex 2 Information on the Remuneration of Staff Categories Whose Activities May Impact the Institution's Risk Profile⁸ Name of the institution/group: Reference year for which remuneration is awarded: (indicate the year)
| Activity Sector | Investment Banking | Retail Banking | Asset Management | Other |
|---|---|---|---|---|
| Total Identified Staff⁹ | ||||
| Total Identified Staff in Management Positions¹⁰ | ||||
| Total Identified Staff in Control Functions | ||||
| Total Fixed Remuneration (in euros) | ||||
| Total Variable Remuneration¹¹ (in euros) | ||||
| Total Variable Paid in Cash (in euros) | ||||
| Total Variable Paid in Shares and Share-like Instruments¹² (in euros) | ||||
| Total Variable Paid in Other Instruments (in euros) | ||||
| Total Deferred Variable Remuneration in Reference Year (in euros) | ||||
| Total Deferred Variable Paid in Cash (in euros) | ||||
| Total Deferred Variable Paid in Shares and Share-like Instruments (in euros) | ||||
| Total Deferred Variable Paid in Other Instruments (in euros) | ||||
| Amount of Ex-post Adjustments for Remuneration of Previous Years (in euros) | ||||
| Number of Beneficiaries of Guaranteed Variable Remuneration¹³ | ||||
| Total Amount of Guaranteed Variable Remuneration (in euros) | ||||
| Number of Beneficiaries of Severance Pay |
⁸ Hereinafter referred to as "identified staff". ⁹ This includes staff categories governed by Article 31-4 of Regulation No. 97-02. ¹⁰ For the purposes of this Instruction, identified staff in management positions correspond to members of the executive body, the governing body, senior management, and heads of different business lines. ¹¹ This also includes discretionary pension benefits, amounts relating to guaranteed variable remuneration, and severance pay. ¹² For variable remuneration paid in financial instruments, the amount allocated to staff members should be reported. ¹³ Guaranteed variable remuneration awarded in the first year and in the context of hiring.
| Activity Sector | Investment Banking | Retail Banking | Asset Management | Other |
|---|---|---|---|---|
| Total Amount of Severance Pay Paid in the Reference Year (in euros) | ||||
| Number of Beneficiaries of Discretionary Pension Benefits | ||||
| Total Amount of Discretionary Pension Benefits (in euros) |
Annex 3 Information on the Remuneration of Staff Members Whose Remuneration Exceeds EUR 1 Million Name of the institution: Member State: Reference Year:
| Activity Sector | Investment Banking¹⁴ | Retail Banking¹⁵ | Asset Management¹⁶ | Other¹⁷ |
|---|---|---|---|---|
| Total Number of Staff Members Whose Remuneration Exceeds EUR 1 Million¹⁸ | ||||
| Of which staff members whose activities may impact the institution's risk profile¹⁹ | ||||
| Total Fixed Remuneration (in euros) | ||||
| Total Variable Remuneration (in euros) | ||||
| Of which discretionary pension benefits (in euros) | ||||
| Total Deferred Variable Remuneration for the Reference Year (in euros) |
¹⁴ Including investment services and their ancillary services. ¹⁵ Including lending activities to individuals and professionals. ¹⁶ Including portfolio management, UCITS, and other asset management. ¹⁷ The institution lists here staff members who are difficult to assign to any of the first three categories. Where applicable, the institution indicates the activity sector of these individuals. ¹⁸ Full-time equivalent based on year-end figures. ¹⁹ As defined in Article 31-4 of Regulation 97-02.