Instruction No. 2023-I-17 of October 23, 2023, repealing and replacing Instruction No. 2022-I-20 regarding information collection on remuneration for entities subject to Regulation (EU) 2019/2033

PRUDENTIAL SUPERVISION AND RESOLUTION AUTHORITY ---- Instruction No. 2023-I-17 repealing and replacing Instruction No. 2022-I-20 of December 9, 2022 on the collection of information on remuneration for entities subject to Regulation (EU) 2019/2033 of the European Parliament and of the Council of November 27, 2019 concerning prudential requirements applicable to investment firms Amended by Instruction No. 2025-I-05 of May 22, 2025

The Prudential Supervision and Resolution Authority, Having regard to the Monetary and Financial Code, particularly Articles L. 533-30 and L. 612-24; Having regard to Regulation (EU) 2019/2033 of the European Parliament and of the Council of November 27, 2019 concerning prudential requirements applicable to investment firms; Having regard to the opinion of the Prudential Affairs Advisory Committee of October 10, 2023, DECIDES

Article 1: Investment firms subject to this instruction
The following are subject to this instruction:
1.1. For the reporting forms in Annexes 1 to 4, investment firms, parent investment firms, parent investment holding companies, and mixed financial holding companies falling within the scope of Articles 25 and 34 of Directive (EU) 2019/2034 of the European Parliament and of the Council of November 27, 2019 concerning the prudential supervision of investment firms, provided their total assets exceed 1 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, reporting is performed at the highest level of consolidation in France, on a consolidated basis or, where applicable, on an individual basis, covering all subsidiaries and branches of the relevant investment firm.

CONSOLIDATED INSTRUCTION

2.2. The reporting of Annex 5 is performed on an individual basis 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 completed by investment firms. Investment firms transmit data covering all personnel members (employees and statutory managers).
3.2. For the reporting forms in Annexes 1 to 4, the subject institutions transmit information to the General Secretariat of the Prudential Supervision and Resolution Authority using year-end accounting data denominated in euros.
3.3. 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 personnel, on a full-time equivalent basis.
3.4. For the reporting form in Annex 5, investment firms with at least 250 personnel members calculate the gender pay gap for each quartile of their overall remuneration, as well as in total. Investment firms with fewer than 250 personnel members transmit only data related to the gender pay gap based on total amounts.
3.5. Investment firms whose identified personnel counts at least 250 members calculate the gender pay gap for each quartile of their overall remuneration, as well as in total. Investment firms whose identified personnel counts fewer than 250 members transmit only the gender pay gap based on total amounts for the identified personnel.

Article 4: Frequency of data collection and submission date
4.1. The submissions of the forms in Annexes 1 to 4 must be submitted annually no later than June 15 of the current year.
4.2. The submissions of the forms in Annex 5 must be submitted every three years no later than June 15 of the current year, starting from 2024 for the 2023 fiscal year.
4.3. Data must be transmitted via electronic transmission in XBRL format. The forms must be communicated under the conditions set by the Prudential Supervision and Resolution Authority's Instruction No. 2025-I-05.

Article 5: Entry into force
This instruction enters into force the day following its publication.

Article 6: Publication in the official register of the Prudential Supervision and Resolution Authority
This instruction is published in the official register of the Prudential Supervision and Resolution Authority.

Paris, October 23, 2023
The Designated President,
Denis BEAU

Annex 1 — General information and information on the remuneration of all personnel of investment firms
Name of the investment firm Name
Maximum ratio between fixed and variable remuneration of identified personnel 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 institution subject to Directive 2013/36/EU? Yes/No Fiscal year for which remuneration is granted (Year N) Year

Function of the management body's oversight function	Function of the management body's management function	Proprietary trading, firm commitment and underwriting of instruments	Investment advice and order execution	Portfolio management	Operation of an MTF/OTF	Independent control functions	Other personnel
Total headcount	#	#	#	#	#	#	#
Total headcount in FTE1	#	#	#	#	#	#	#
Overall 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)
Overall remuneration (in euros)

1 Headcounts should be expressed in full-time equivalents (FTE) based on the number of personnel 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)

Annex 2 — Information on the remuneration of identified personnel of investment firms
Name of the investment firm Name
Fiscal year for which remuneration is granted (Year N) Year

Line	Function of the management body's oversight function	Function of the management body's management function	Other senior management members	Other identified personnel members
1	Headcount
2	Number of identified personnel members in FTE
3	Overall fixed remuneration (in euros) for Year N
4	Of which: cash
5	Of which: shares or equivalent ownership 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 arrangements
10	Of which: other forms
11	Overall variable remuneration (in euros) for Year N
12	Of which: cash
13	Of which: deferred
14	Of which: shares or equivalent ownership 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 arrangements
23	Of which: deferred
24	Of which: other forms
25	Of which: deferred

Additional information regarding the above positions (all amounts below should be included in the overall variable remuneration)

26	Total amount of deferred variable remuneration granted for prior 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 prior 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	Overall amount of discretionary pension contributions during Year N (including other forms of variable remuneration)
40	Overall amount of variable remuneration granted for multi-year periods under non-renewable programs 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)

Annex 3 — Information on the remuneration of identified personnel by activity area
Name of the investment firm Name
Fiscal year for which remuneration is granted (Year N) Year

Function of the management body's oversight function	Function of the management body's management function	Proprietary trading, firm commitment and underwriting of instruments	Investment advice and order execution	Portfolio management	Operation of an MTF/OTF	Independent control functions	Other personnel
Number of identified personnel members
Number of identified personnel members (FTE)
Number of "other senior management members"
Number of "other identified personnel members"
Overall remuneration (in euros)
Of which: variable remuneration (in euros)
Of which: fixed remuneration (in euros)

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 institution level under Article 34, paragraph 4, point a), of Directive (EU) 2019/2034 (the "IFD Directive")	Exemption for personnel 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 personnel? If so, it is not necessary to complete 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 personnel members benefiting from the aforementioned exemption	Number	Number
Percentage of identified personnel benefiting from the aforementioned exemption	Percentage	Percentage
Overall remuneration of identified personnel 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 arrangements)?	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 personnel members benefiting from the aforementioned exemption	Number	Number
Percentage of identified personnel benefiting from the aforementioned exemption	Percentage	Percentage
Overall remuneration of identified personnel 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 personnel members benefiting from the aforementioned exemption	Number	Number
Overall remuneration of identified personnel members benefiting from the aforementioned exemption	EUR	EUR
Of which: variable remuneration	EUR	EUR
Of which: fixed remuneration	EUR	EUR

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 personnel members	Number

Representation of headcount by gender by quartile of remuneration level

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

Gender pay gap based on overall gross remuneration

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