Within investment firms of significant importance in relation to their size and in accordance with criteria relating to the level of remuneration of the individual, at least half of the variable remuneration shall be allocated in the form of one of the following instruments:
1° Shares or equivalent property rights, depending on the legal structure of the investment firm;
2° Equity-linked instruments or equivalent non-cash instruments, depending on the legal structure of the investment firm;
3° Instruments referred to in Articles 52 or 63 of Regulation (EU) No 575/2013 or other instruments which may be fully converted into core capital instruments or amortised, depending on the legal structure of the investment firm;
4° Non-cash instruments which reflect the instruments in the portfolios under management.
An order of the Minister for the Economy shall specify the criteria for materiality and the criteria for the level of remuneration of the person according to which investment firms are required to meet the obligations of the preceding paragraphs.
By way of derogation from the provisions of the preceding paragraphs, the Autorité de contrôle prudentiel et de résolution may authorise an investment firm, where it does not issue any of the instruments mentioned above, to use other arrangements that fulfil the same objectives.