For the application of article L. 511-84, the conduct likely to result in the reduction or restitution, in whole or in part, of the variable remuneration shall be defined by the credit institutions and finance companies in particular in consideration of the serious losses that they may cause to these institutions or companies. The decision to reduce or refund the variable remuneration referred to in the first paragraph of this article shall take into account the involvement of the person concerned in the conduct in question.
A decision to reduce or refund may also be taken in consideration of the failure to comply with the requirements of good repute and competence applicable to the person in question.