Where performance is taken into account, the variable remuneration granted and paid to the categories of staff referred to in Article L. 533-30 shall be determined on the basis of a combined assessment of the individual performance of the person concerned, the performance of his business unit and the overall results of the investment firm.
The measurement of performance shall take into account the risks to which the investment firm is or is likely to be exposed, as well as the liquidity requirements under Regulation (EU) 2019/2033 and the cost of capital.
Financial and non-financial criteria are taken into account in assessing individual performance.
The assessment of performance referred to in the first paragraph shall be based on a period of several years, taking into account the length of the investment firm’s business cycle and its economic risks.
Variable remuneration must not affect the investment firm’s ability to strengthen its capital base.
Guaranteed variable remuneration is prohibited. However, they may exceptionally be granted to newly recruited staff provided that the investment firm has sufficient equity capital. It is limited to the first year of employment.