Question ID
2013_2
Legal act
Directive 2013/36/EU (CRD)
Topic
Remuneration
Article
75
Paragraph
1
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
N/A
Type of submitter
Competent authority
Subject matter
Scope of consolidation of information collection
Question

This Q&A deals with the scope of consolidation for the information collection foreseen by Article 75 (1) of Directive 2013/36/EU specified by the EBA Guidelines on the Remuneration Benchmarking Exercise (EBA/GL/2014/08 of 16 July 2014) (EBA/GL/2012/4 of 27 July 2012). According to paragraph 3 of the EBA Guidelines institutions should provide data at the highest level of consolidation as set out in Directive 2006/48/EC (replaced by Directive 2013/36/EU). Shall data be provided only for bank and investment firms, including branches and subsidiaries which are banks and investment firms, or for all entities, for example, leasing companies, included in the scope of consolidation at bank level?
 

Background on the question

Not given

Submission date
Final answer

The scope for collecting data on remuneration should be the same as the scope for the application of the consolidated own funds requirements. Paragraph 3 of the EBA Guidelines sets out the scope of the exercise and data shall be collected at the highest level of consolidation as set out in the Directive 2013/36/EU (CRD) (ex Directive 2006/48/EC). This includes credit institutions and investment firms, as well as financial institutions as defined in Article 4(26) of Regulation (EU) No 575/2013 (ex Article 4 (5) of Directive 2006/48/EC) and according to Article 18 (8) of Regulation (EU) No 575/2013 (ex Article 134 (2) of Directive 2006/48/EC) ancillary services undertakings as defined in point (18) of Article 4(1) of Regulation (EU) No 575/2013 in Article 4(18) of Regulation (EU) No 575/2013 (ex Article 4 (21) of Directive 2006/48/EC) and asset management companies as defined in point (19) of Article 4(1) of Regulation (EU) No 575/2013 as defined in Directive 2002/87/EC. This includes also undertakings the activity of which consists e.g. in leasing, factoring, management of unit trusts or management of data processing services. However, Article 19 of Regulation (EU) No 575/2013 (ex Article 73 of Directive 2006/48/EC) foresees specific conditions under which some firms may be excluded from the scope of consolidation.

Status
Final Q&A
Answer prepared by
Answer prepared by the EBA.
Note to Q&A

Update 26.03.2021: This Q&A has been updated in the light of the changes introduced to Directive 2013/36/EU (CRD).

Disclaimer

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