The way in which lenders remunerate their staff and credit intermediaries is without prejudice to the obligations mentioned in Article L. 314-22.
The staff concerned are natural persons who work for the creditor and who directly carry out or participate in activities relating to the preparation, offer, granting or performance of credit agreements or the provision of advisory services mentioned in this title. This also applies to natural persons who directly supervise the aforementioned persons.
Any salesperson who is a natural person, whether or not they are an employee of a creditor, may not, under any circumstances, be remunerated on the basis of the rate of credit or the type of credit they have arranged.
For the credit transactions referred to in article L. 313-1, the remuneration policy for staff responsible for assessing creditworthiness is drawn up, to the extent necessary given the size, internal organisation and nature, scope and complexity of the lender’s activities, in compliance with the principles set out in Article L. 511-71 of the Monetary and Financial Code.
Lenders shall ensure that the remuneration policy enables and promotes sound risk management and includes measures to avoid conflicts of interest.
This remuneration policy is not dependent on the number or proportion of successful applications.
The remuneration policy for staff providing an advisory service referred to in articles L. 313-13 and L. 313-14 does not impair its ability to serve the borrower’s best interests and is not exclusively dependent on sales objectives.