The dual-regulated firms Remuneration Code covers all aspects of remuneration that could have a bearing on effective risk management, including salaries, bonuses, long-term incentive plans, options, hiring bonuses, severance packages and pension arrangements.
As with other aspects of a firm's systems and controls, in accordance with SYSC 4.1.2R (general organisational requirements) remuneration policies, procedures and practices must be comprehensive and proportionate to the nature, scale and complexity of the common platform firm's activities. What a firm must do in order to comply with the dual-regulated firms Remuneration Code will therefore vary. For example, while the dual-regulated firms Remuneration Code refers to a firm's remuneration committee and risk management function, it may be appropriate for the governing body of a smaller firm to act as the remuneration committee and for the firm not to have a separate risk management function.
The FCA may also ask remuneration committees to provide it with evidence of how well the firm's remuneration policies meet the dual-regulated firms Remuneration Code's principles, together with plans for improvement where there is a shortfall. The FCA also expects relevant firms to use the principles in assessing their exposure to risks arising from their remuneration policies as part of the internal capital adequacy assessment process (ICAAP).
risk management and risk tolerance (Remuneration Principle 1);
supporting business strategy, objectives, values and long-term interests of the firm (Remuneration Principle 2);
avoiding conflicts of interest (Remuneration Principle 3);
governance (Remuneration Principle 4);
risk adjustment (Remuneration Principle 8);
pension policy (Remuneration Principle 9);
personal investment strategies (Remuneration Principle 10);
payments related to early termination (Remuneration Principle 12(e)); and
deferral (Remuneration Principle 12(g)).
1 Firms are reminded that the Equality Act 2010 prohibits discrimination on the basis of an individual’s protected characteristics both before and after employment is offered. The Act applies to pay and all other contractual terms, including variable remuneration. A firm should ensure that its remuneration policy complies with the Equality Act 2010.