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The Amendments To The "normative Provisions On Fundamental Principles Of Remuneration Policy"

Original Language Title: Grozījumi "Normatīvajos noteikumos par atalgojuma politikas pamatprincipiem"

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Financial and capital market Commission, the provisions of regulations no 231 Riga 2012 November 1 (financial and capital market Commission Council meeting Protocol No 3, p. 40)
The amendments to the regulations the rules on pay "policy guidelines" issued in accordance with the financial and capital market Commission Act 7 of the first paragraph of article 1 and paragraph 2 of article 17 to make financial and capital market Commission 21.01.2010. Regulation No 171 regulations "regulations on remuneration policy provisions of the guiding principles" (hereinafter-the rules) the following amendments: 1. To make paragraph 1 by the following: "1." the legislative provisions on remuneration policy the basic principles "(hereinafter-the rules) determines the basic principles of remuneration policy and are binding on the Republic of Latvia registered credit institutions investment brokerage firms, which are applicable to capital adequacy regulatory requirements in accordance with the financial instruments market law article 121, taking into account the provisions of article 119.1 of this law, except for the financial instruments market law. Article 122 of the sixth part of that investment brokerage firms, as well as insurance companies and reinsurance companies (hereinafter the authority) in the light of paragraph 4 of this rule. The rules laid down in the basic principles of the remuneration policy should be applied to the other brokerage firms, investment as well as investment management companies and private pension funds. " 2. To supplement the provisions of paragraph 2.1 the following: "2.1 credit institutions and investment firms, which are bound by these rules, follow that rule 17.1 points and annexes 1 and 2 requirements individually, if they are not subject to consolidated supervision by the financial and capital market Commission (hereinafter the Commission) or other Member State supervisory authority, or consolidation, the consolidation group or subgroup level, where they are consolidated monitoring by the Commission, but is not subject to consolidated supervision by a management authority of another Member State. " 3. Express 4.2 the following wording: ' 4.2. employees covered by the requirements of this regulation, undertake not to use personal hedging strategies or remuneration and liability insurance, which reduce the risk of any adjustment, established remuneration policy, impact on remuneration; ". 4. Express 6.3 the following wording: "6.3. match the institution's values, such as ethical standards, long-term interests, development strategy operational objectives, as well as meet and promote prudent and effective risk management;". 5. Make the following paragraph 11.2: "11.2. remuneration elements, t.sk. salaries, bonuses, long-term incentive schemes, performance shares or share-related instruments, the consideration of the contract or the termination of the mandate in the case of contributions to private pension fund pension plans, retirement benefits are linked (discretionary pension benefits) and other retirement costs in accordance with the Authority's pension policy that meets the institution's values, such as ethical standards, long-term interests, development strategy operational objectives, etc.; ". 6. Express 17.1 points as follows: "17.1 these terms referred to in paragraph 2.1 of the credit institutions and investment firms to submit information to the Commission in accordance with the provisions of annex 1 and 2 requirements for those employees whose remuneration during the reference year is equal to or greater than the equivalent of eur 1 million (-highly rewarded employees) by publicly available exchange rates for the reference year of twelve months used European Commission financial programming and budget, and found its home page on the internet. 7. To supplement the provisions of annex 1 (annex). 8. To supplement the provisions of the annex (annex). 9. Make the informative reference to European Union directives as follows: "the provisions included in the law arising from the European Parliament and of the Council of 24 November 2010, the EU directive 2010/76/amending Directive 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for repeated vērtspapirizācij, and with regard to remuneration policy supervisory review." Financial and capital market Commission President k. Zakuli States annex 1 financial and capital market Commission 21.01.2010. regulatory arrangements no 171 "the legislative provisions on the basic principles of the remuneration policy, review the requirements for" high-paying compensation of employees for submission to the general question I. 1. This annex lays down the "Report on the high-paying staff remuneration" according to annex 2 of these regulations (hereinafter report) preparation and submission of financial and capital market Commission (hereinafter the Commission). II. preparation of Report 2. This provision is referred to in paragraph 2.1 of the credit institutions and investment firms to draw up a report, subject to the following requirements: 2.1 these regulations referred to in paragraph 2.1 of the credit institutions and investment firms to report for each Member State in which they carry out their commercial activities and in which there is at least one high-wage employee, drawn up separately; 2.2. information on highly paid employees include a report drawn up for the Member State in which the employee performs his professional activities; 2.3. information about highly paid employees who perform their professional activities in several Member States, include in the report, prepared for the Member State in which the employee is mainly carried out his professional activities. Information about high-paid employees who carry out their professional activities both at Member State and foreign country, include in the report, prepared for the Member State concerned, if highly paid employees of their professional activities, mainly carried out in that Member State, rather than a foreign country; 2.4. the report prepared for the reporting year; 2.5. the report presented in total euro, i.e. the total pounds converted into euro using the publicly available exchange rates for the reference year of twelve months, which uses the European Commission financial programming and budget; 2.6. the report does not include information about highly paid employees, who carry out their professional activity abroad. III. Reporting 3. This provision referred to in paragraph 2.1 of the credit institutions and investment firms to draw up a report (reports) for the reporting year in accordance with paragraph 2 of the annex's requirements and submitted to the Commission by the following year the accounting year to March 31. If you are not in one of the Member States in which the provisions referred to in paragraph 2.1 of the credit institutions and investment firms to carry out their commercial activities, there is no high-paid staff, they shall inform the Commission electronically of such employee and not to the preparation of the report reviews the year following March 31. 4. the report shall be drawn up in accordance with the provisions of Commission regulations 14.10.2008 No 146 ' prepared statements electronically submit the legislative provisions ". 5. If the Commission finds that the report has been prepared in error, it will be announced in the report to the applicant. If the Commission has not indicated otherwise, corrected report shall be submitted not later than the second working day after notification of the existence of the error from the Commission.
  Annex 2 financial and capital market Commission 21.01.2010. regulatory arrangements no 171 "the legislative provisions on the basic principles of the remuneration policy," review of high-paying salaries of employees of the operator name: the Member State to which the data applies: the year in review: applicant: phone: email: type of activity: investment Services1 individual or small and medium company apkalpošana2 pārvaldīšana3 of assets other operating veidi4 total number of employees in the highly paid 5, URt.sk.: the risk profile of the institution-the number of employees is not the variable part of remuneration total (euro) mainīgās6 part of remuneration total (euro) URt.sk.: after the authorities, initiatives set the benefits associated with the retirement of the totals (Total discretionary pension benefits) in the financial year deferred variable part of remuneration total additional explanations of the column "other operational veidi4" contained highly paid employees:

1 Includes the provision of advice on commercial finance, business with regulated market or traded on a regulated market not traded financial instruments, as well as with the trading of the financial instruments and the sale of related services. 2 includes private and commercial lending. 3 Includes individual investment portfolio management (portfolio management), the contribution made to the European Parliament and of the Council of 13 July 2009. directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) requirements of the corresponding investment funds, management (managing of UCITS) and other types of asset management. 4 includes the highly paid employees whose professional activities cannot be attributed to such activities as investment services, individuals or small and medium company service or asset management. In this case, the authority for the report adds additional explanation, specifying the activities which the high paid workers carry out their professional activities. 5 high-salaried workers (full time equivalent terms) on the situation in the reporting year on 31 December. 6 includes a reference year set in the variable part of the remuneration, t.sk. the year under review the remuneration specified in the deferred portion, as well as certain initiatives of the authority of the benefits associated with the retirement of the total amount of remuneration, the variable part of the remuneration that exceeds the Work and the statutory severance pay in the amount of the contract or a mandate contract termination.