Related provisions for SYSC 19B.1.15

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SYSC 19B.1.1AGRP
(1) 2Full-scope UK AIFMs are advised that ESMA published Guidelines on sound remuneration policies under the AIFMD on 3 July 2013, which full-scope UK AIFMs should comply with in applying the rules in this section. The Guidelines can be found at: http://www.esma.europa.eu/system/files/2013-232_aifmd_guidelines_on_remuneration_-_en.pdf(2) The FCA has provided additional guidance on the application of principles of proportionality to remuneration policies of AIFM. The guidance also
SYSC 19B.1.2RRP
An AIFM must establish, implement and maintain remuneration policies and practices for AIFM Remuneration Code staff that are consistent with, and promote, sound and effective risk management and do not encourage risk-taking which is inconsistent with the risk profile of the instrument constituting the fund of the AIFs it manages.[Note: article 13(1) of AIFMD]
SYSC 19B.1.4RRP
(1) When establishing and applying the total remuneration policies for AIFM Remuneration Code staff (inclusive of salaries and discretionary pension benefits), an AIFM must comply with the AIFM remuneration principles in a way and to the extent that is appropriate to its size, internal organisation and the nature, scope and complexity of its activities.(2) Paragraph (1) does not apply to the requirement for significant AIFMs to have a remuneration committee (SYSC 19B.1.9 R).(3)
SYSC 19B.1.5RRP
An AIFM must ensure that its remuneration policy is consistent with, and promotes, sound and effective risk management and does not encourage risk-taking which is inconsistent with the risk profiles of the instrument constituting the fund of the AIFs it manages.[Note: paragraph 1(a) of Annex II of AIFMD]
SYSC 19B.1.6RRP
An AIFM must ensure that its remuneration policy is in line with the business strategy, objectives, values and interests of the AIFM and the AIFs it manages or the investors of such AIFs, and includes measures to avoid conflicts of interest.[Note: paragraph 1(b) of Annex II of AIFMD]
SYSC 19B.1.7RRP
An AIFM must ensure that the governing body of the AIFM, in its supervisory function, adopts and periodically reviews the general principles of the remuneration policy and is responsible for its implementation.[Note: paragraph 1(c) of Annex II of AIFMD]
SYSC 19B.1.8RRP
An AIFM must ensure the implementation of the remuneration policy is, at least annually, subject to central and independent internal review for compliance with policies and procedures for remuneration adopted by the governing body in its supervisory function.[Note: paragraph 1(d) of Annex II of AIFMD]
SYSC 19B.1.9RRP
(1) An AIFM that is significant in terms of its size, internal organisation and the nature, the scope and the complexity of its activities must establish a remuneration committee. (2) The remuneration committee must be constituted in a way that enables it to exercise competent and independent judgment on remuneration policies and practices, and the incentives created for managing risk.(3) The chairman and the members of the remuneration committee must be members of the governing
SYSC 19B.1.11RRP
An AIFM must ensure the remuneration of the senior officers in the risk management and compliance functions is directly overseen by the remuneration committee, or, if such a committee has not been established, by the governing body in its supervisory function.[Note: paragraph 1(f) of Annex II of AIFMD]
SYSC 19B.1.12RRP
An AIFM must ensure that, where remuneration is performance related, the total amount of remuneration is based on a combination of the assessment of the performance of the individual and of the business unit or AIF concerned and of the overall results of the AIFM. When assessing individual performance, financial and non-financial criteria are taken into account.[Note: paragraph 1(g) of Annex II of AIFMD]
SYSC 19B.1.13RRP
An AIFM must ensure that the assessment of performance is set in a multi-year framework appropriate to the life-cycle of the AIFs managed by the AIFM to ensure that:(1) the assessment process is based on longer term performance; and(2) the actual payment of performance-based components of remuneration is spread over a period which takes account of the redemption policy of the AIFs it manages and their investment risks.[Note: paragraph 1(h) of Annex II of AIFMD]
SYSC 19B.1.14RRP
An AIFM must not award, pay or provide guaranteed variable remuneration unless it; (1) is exceptional;(2) occurs only in the context of hiring new staff; and(3) is limited to the first year of service.[Note: paragraph 1(i) of Annex II of AIFMD]
SYSC 19B.1.17RRP
(1) Subject to the legal structure of the AIF and the instrument constituting the fund, an AIFM must ensure that a substantial portion, and in any event at least 50% of any variable remuneration, consists of units or shares of the AIF concerned, or equivalent ownership interests, or share-linked instruments or equivalent non-cash instruments. However, if the management of AIFs accounts for less than 50% of the total portfolio managed by the AIFM, the minimum of 50 % does not apply.(2)
SYSC 19B.1.18RRP
(1) An AIFM must not award, pay or provide a variable remuneration component unless a substantial portion, and in any event at least 40%, of the variable remuneration component, is deferred over a period which is appropriate in view of the life cycle and redemption policy of the AIF concerned and is correctly aligned with the nature of the risks of the AIF in question(2) The period referred to in (1) must be at least three to five years, unless the life cycle of the AIF concerned
SYSC 19B.1.19RRP
An AIFM must ensure that any variable remuneration, including a deferred portion, is paid or vests only if it is sustainable according to the financial situation of the AIFM as a whole and justified according to the performance of the AIF, the business unit and the individual concerned.[Note: paragraph 1(o) first sub-paragraph of Annex II of AIFMD]
SYSC 19B.1.20GRP
The total variable remuneration should generally be considerably contracted where subdued or negative financial performance of the AIFM or of the AIF concerned occurs, taking into account both current compensation and reductions in payouts of amounts previously earned, including through malus or clawback arrangements.[Note: paragraph 1(o) second sub-paragraph of Annex II of AIFMD]
SYSC 19B.1.21RRP
An AIFM must ensure the measurement of performance used to calculate variable remuneration components, or pools of variable remuneration components, includes a comprehensive adjustment mechanism to integrate all relevant types of current and future risks.[Note: paragraph 1(l) of Annex II of AIFMD]