christopher wakem: london banks dodge european rules
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London Banks Dodge European Rules By Christopher Wakem February 20, 2014 Banker bonuses are starting a battle in Great Britain’s capital. Regulators have been limiting bonuses since the 2008 financial crisis for fear of bankers and investors taking big risks if they have a big payout in hand. The European Union has taken this course of action a bit further by limiting banker bonuses to two times their salary or less. However, outside the EU, large banks in London want to work around these restrictions. These big players include Goldman Sachs, Bank of America, Merrill Lynch, and Barclays. They are doing so by manipulating pay packages that will satisfy both regulators and employees. The new pay packages mean that employees will no longer get big bonuses, but they will have role-‐based pay. You can think of this a ‘reviewable salary.’ In reality, the big banks are simply disguising bonuses, which does not please European lawmakers. The big banks in London may retort that the European bonus-‐cap law puts them at a disadvantage in the global market place because traders in New York, Hong Kong, and Singapore do not have such laws. Right now the London banks have the support of the British Parliament because they are in the process of suing to block the law. Although the banking industry usually pays more based on performance, they have been advised by their British regulator that payments may pass if they are non-‐contractual and not based on performance. Barclay’s chief executive, Antony P. Jenkins has stated that role-‐based pay “was not performance related, but an adjustment to fixed pay.” The European Banking Authority is now working on guidelines to help clarify what constitutes “fixed and variable” compensation. Although London banks are slightly protected by the British parliament for now, the European Commission has the right to investigate noncompliance and bring violations to trial at the European Court of Justice. Christopher Wakem is a London-‐based legal consultant/contractor who has worked in the independent bar, private practice, and in-‐house sectors. He has obtained law degrees from the University of Sheffield and University College. Mr. Wakem has provide advice in a wide array of matters, both contentious and non-‐contentious, through his company Lightbringer Solutions Ltd. Chris has helped companies large and small establish risk management policies, develop start-‐up procedures, negotiate framework agreements, secure insurance coverage, and deal with Anti-‐Money-‐Laundering and Anti-‐Bribery and corruption matters.