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ACPR

Instruction No. 2022-I-20 on the collection of information on remuneration for entities subject to Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 concerning prudential requirements applicable to investment firms

The Prudential Control and Resolution Authority,

Having regard to the Monetary and Financial Code, in particular Articles L. 533-30 and L. 612-24;

Having regard to Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 concerning prudential requirements applicable to investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014;

Having regard to the opinion of the Prudential Affairs Advisory Committee of 29 November 2022,

DECIDES

Article 1
Investment firms subject to this instruction

1.1. For the reporting forms in Annexes 1 to 4, the following are subject to this instruction:
Investment firms, parent investment firms, parent investment holding companies, and mixed financial holding companies subject to Articles 25 and 34 of Directive (EU) 2019/2034 and whose total assets exceed 5 billion euros.

1.2. For the reporting form in Annex 5, all investment firms and parent investment firms, investment holding companies, and mixed financial holding companies that employ more than fifty people.

Article 2 - Scope of reporting

2.1. For the reporting forms in Annexes 1 to 4, the reporting is performed at the highest level of consolidation in France, on a consolidated or individual basis as applicable, covering all subsidiaries and branches of the concerned investment firm.

2.2. For the reporting form in Annex 5, the reporting is performed by the investment firm mentioned in Article 1.2.

Article 3 - Information to be transmitted

3.1. The reporting forms provided in Annexes 1 to 4 are filled out by investment firms. Investment firms transmit data covering all staff members (employees and statutory officers).

3.2. For the reporting forms in Annexes 1 to 4, the regulated entities transmit the information to the General Secretariat of the Prudential Control and Resolution Authority using year-end accounting data denominated in euros.

3.3. The reporting form in Annex 5 is filled out by the investment firms mentioned in Article 1.2.

3.4. For the reporting form in Annex 5, the gender pay gap is calculated as the difference between the average remuneration of men and women, expressed as a percentage of the average remuneration of men. Investment firms measure this gap based on the gross annual remuneration of staff, on a full-time equivalent basis.

3.5. For the reporting form in Annex 5, investment firms with at least 250 staff members calculate the gender pay gap for each quartile of their total remuneration, as well as in total. Investment firms with fewer than 250 staff members transmit only the data relating to the gender pay gap based on total amounts.

3.6. Investment firms whose identified staff counts at least 250 members calculate the gender pay gap for each quartile of their total remuneration, as well as in total. Investment firms whose identified staff counts fewer than 250 members transmit only the gender pay gap based on total amounts for the identified staff.

Article 4 - Frequency of data collection and submission date

4.1. The reporting forms in Annexes 1 to 4 must be submitted each year by June 15 at the latest of the current year.

4.2. The reporting forms in Annex 5 must be submitted every three years by June 15 at the latest of the current year, starting from 2024 for the 2023 fiscal year.

4.3. The data must be transmitted by electronic transmission in XBRL format. The forms are transmitted according to the technical specifications necessary for their processing by the General Secretariat of the Prudential Control and Resolution Authority. They must bear an electronic signature.

Article 5
This instruction enters into force the day after its publication.

Paris, December 9, 2022
The Designated President
[Denis BEAU]

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Annex 1 - Instruction No. 2022-I-20

Annex 1 - General information and information on the remuneration of all staff of investment firms

Name of the investment firm					Name
Maximum ratio between fixed and variable remuneration of identified staff established in the internal policy of the investment firm					Percentage
Does the investment firm benefit from the exemption provided for in Article 32, paragraph 4, point a), of Directive (EU) 2019/2034 (the "IFD Directive") at the institutional level?					Yes/No
Is the investment firm a subsidiary of a Union parent establishment subject to Directive 2013/36/EU					Yes/No
Fiscal year for which remuneration is granted (Year N)					Year
	Supervisory function of the management body	Management function of the management body	Proprietary trading, underwriting and placement of instruments	Investment advice and order execution	Portfolio management	Operation of an MTF/OTF	Independent control functions	Other staff members
Total headcount	#	#
Total headcount in FTE1			#	#	#	#	#	#
Total net profit for Year N (in euros)2	Total amount in euros (e.g., 123 456 789,00)
Total amount of dividends (or similar distributions) paid for Year N (in euros)
Total remuneration (in euros)

1 Headcounts should be expressed in full-time equivalents (FTE) based on the number of staff members at year-end, taking into account individual working time arrangements.

2 Net profits should be based on the accounting system used for regulatory reporting requirements. For groups, this is the profit (or losses) based on consolidated accounts.

Of which: variable remuneration (in euros)
Of which: fixed remuneration (in euros)

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Annex 2 - Instruction No. 2022-I-20

Annex 2 - Information on the remuneration of identified staff of investment firms

	Name of the investment firm			Name
	Fiscal year for which remuneration is granted (Year N)			Year
Line		Supervisory function of the management body	Management function of the management body		Other senior management members	Other identified staff members
1	Headcount
2	Number of identified staff members in FTE
3	Total fixed remuneration (in euros) for Year N
4	Of which: cash
5	Of which: shares or equivalent property rights
6	Of which: share-linked instruments or equivalent non-cash instruments
7	Of which: other types of instruments under Article 32, paragraph 1, point j) iii), of the IFD Directive
8	Of which: non-cash instruments reflecting managed portfolio instruments
9	Of which: other approved schemes
10	Of which: other forms

11	Total variable remuneration (in euros) for Year N
12	Of which: cash
13	Of which: deferred
14	Of which: shares or equivalent property rights
15	Of which: deferred
16	Of which: share-linked instruments or equivalent non-cash instruments
17	Of which: deferred
18	Of which: other types of instruments under Article 32, paragraph 1, point j) iii), of the IFD Directive
19	Of which: deferred
20	Of which: non-cash instruments reflecting managed portfolio instruments
21	Of which: deferred
22	Of which: other approved schemes
23	Of which: deferred
24	Of which: other forms
25	Of which: deferred

	Additional information relating to the above positions (all amounts below should be included in total variable remuneration)
26	Total amount of deferred variable remuneration granted for previous service periods other than Year N
27	Of which: acquisition planned during the fiscal year
28	Of which: acquisition planned during subsequent fiscal years
29	Total amount of explicit ex post adjustments made during the fiscal year to deferred variable remuneration to be acquired during this period, applied during Year N to previously granted remuneration
30	Total amount of explicit ex post adjustments made during the fiscal year to deferred variable remuneration to be acquired during subsequent fiscal years, applied during Year N to previously granted remuneration
31	Total amount of guaranteed variable remuneration for Year N
32	Total number of beneficiaries of guaranteed variable remuneration for Year N
33	Total amount of termination payments granted in previous fiscal years, paid during the fiscal year
34	Total amount of termination payments granted during Year N

35	Of which: deferred termination payments granted during Year N
36	Number of beneficiaries of termination payments granted during Year N
37	Maximum amount of termination payments granted to an individual during Year N
38	Number of beneficiaries of discretionary pension contributions during Year N
39	Total amount of discretionary pension contributions during Year N (including other forms of variable remuneration)
40	Total amount of variable remuneration granted for multi-year periods under programs not renewed each year
41	For investment firms not benefiting from the exemption provided for in Article 32, paragraph 4, point a), at the institutional level Of which: fixed remuneration of staff benefiting from at least one of the exemptions provided for in Article 32, paragraph 4, point b)
42	For investment firms not benefiting from the exemption provided for in Article 32, paragraph 4, point a), at the institutional level Of which: variable remuneration of staff benefiting from at least one of the exemptions provided for in Article 32, paragraph 4, point b)

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Annex 3 - Instruction No. 2022-I-20

Annex 3 - Information on the remuneration of identified staff by activity area

Name of the investment firm					Name
Fiscal year for which remuneration is granted (Year N)					Year
	Supervisory function of the management body	Management function of the management body	Proprietary trading, underwriting and placement of instruments	Investment advice and order execution	Portfolio management	Operation of an MTF/OTF	Independent control functions	Other staff members
Number of identified staff members
Number of identified staff members (FTE)
Number of "other senior management members"
Number of "other identified staff members"
Total remuneration (in euros)
Of which: variable remuneration (in euros)
Of which: fixed remuneration (in euros)

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Annex 4 - Instruction No. 2022-I-20

Annex 4 - Exemptions from the application of requirements to pay a portion of variable remuneration in deferred form and in instruments granted to investment firms under Directive (EU) 2019/2034

Name of the investment firm	Name
Fiscal year for which remuneration is granted (Year N):	Year
Information on the availability of exemptions	Exemption at the entity level under Article 34, paragraph 4, point a), of Directive (EU) 2019/2034 (the "IFD Directive")	Exemption for staff under Article 34, paragraph 4, point b), of the IFD Directive
Does the investment firm apply exemptions from the requirements to pay a portion of variable remuneration in deferred form and in instruments under Article 34, paragraph 4, point a), to all its identified staff? If so, it is not necessary to fill in the information below.	Yes/No
Does the investment firm apply the exemption from the requirement provided for in Article 32, paragraph 1, point j), of the IFD Directive (payment in instruments)?	Yes/No	Yes/No
If the investment firm applies the aforementioned exemption, but with a threshold lower than that implemented under national law, please indicate the threshold applied in euros		Threshold
Number of identified staff members benefiting from the aforementioned exemption	Number	Number
Percentage of identified staff benefiting from the aforementioned exemption	Percentage	Percentage
Total remuneration of identified staff members benefiting from the aforementioned exemption	EUR	EUR
Of which: variable remuneration	EUR	EUR
Of which: fixed remuneration	EUR	EUR
Does the investment firm apply the exemption from the requirement provided for in Article 32, paragraph 1, point l), of the IFD Directive (payment under deferral schemes)?	Yes/No	Yes/No
If the investment firm applies the aforementioned exemption, but with a threshold lower than that implemented under national law, please indicate the threshold applied in euros		Threshold
Number of identified staff members benefiting from the aforementioned exemption	Number	Number
Percentage of identified staff benefiting from the aforementioned exemption	Percentage	Percentage
Total remuneration of identified staff members benefiting from the aforementioned exemption	EUR	EUR
Of which: variable remuneration	EUR	EUR
Of which: fixed remuneration	EUR	EUR

Does the investment firm apply the exemption from the requirement provided for in Article 32, paragraph 1, and paragraph 3, third subparagraph (exemptions from payment of discretionary pension benefits in the form of instruments)?	Yes/No	Yes/No
Number of identified staff members benefiting from the aforementioned exemption	Number	Number
Total remuneration of identified staff members benefiting from the aforementioned exemption	EUR	EUR
Of which: variable remuneration	EUR	EUR
Of which: fixed remuneration	EUR	EUR

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Annex 5 - Instruction No. 2022-I-20

Annex 5 - Information on the gender pay gap

Investment firm (individual basis)	Name
Legal entity identifier	Number
Member State	ISO Code (e.g., AT, BE, CY)
Year	Year
Total headcount	Number
Total number of identified staff members	Number

Representation of different gender staff by quartile of remuneration level

Representation of male and female staff in each quartile of the remuneration level	Percentage of male staff in total staff	Percentage of female staff in total staff	Percentage of identified male staff in total identified staff	Percentage of identified female staff in total identified staff
Quartile 1 (lower)	Percentage (e.g., 42.43 %)	Percentage	Percentage	Percentage
Quartile 2 (lower middle)	Percentage	Percentage	Percentage	Percentage
Quartile 3 (upper middle)	Percentage	Percentage	Percentage	Percentage
Quartile 4 (upper)	Percentage	Percentage	Percentage	Percentage
Total headcount/identified staff	Percentage	Percentage	Percentage	Percentage

Gender pay gap based on total gross remuneration

Level of total annual gross remuneration	Gender pay gap based on median remuneration	Gender pay gap based on average remuneration	Gender pay gap of identified staff based on median remuneration	Gender pay gap of identified staff based on average remuneration
Quartile 1 (lower)	Percentage (e.g., 42.43 %)	Percentage	Percentage	Percentage
Quartile 2 (lower middle)	Percentage	Percentage	Percentage	Percentage
Quartile 3 (upper middle)	Percentage	Percentage	Percentage	Percentage
Quartile 4 (upper)	Percentage	Percentage	Percentage	Percentage
Total headcount/identified staff	Percentage	Percentage	Percentage	Percentage

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