Bank of England to check if allowances comply with EU cap

The Bank of England is scrutinising allowances awarded to top staff by banks in an effort to establish whether they are a covert way of avoiding a new EU cap on bonuses, a senior official at Britain’s central bank said yesterday.

From next year, EU bankers’ bonuses can be no higher than fixed salary, or twice that amount if a bank’s shareholders give their approval.

However, HSBC, Lloyds, and Barclays are all considering giving top staff monthly or quarterly allowances to boost fixed pay.

About 80% of the bankers affected by the rule are based in London.

The Bank of England istoughening its stance on excessive compensation in response to public and investor criticism of a bonus culture blamed for contributing to the financial crisis and has asked its supervisory arm — the Prudential Regulation Authority — to study the proposed allowances.

“We haven’t looked at role-based allowances in enough detail to be able to give a house view on whether they comply or not,” said Katharine Braddick, a director of policy at the Prudential Regulation Authority,

“Our job is to work with the European authorities,” Ms Braddick told reporters on the sidelines of a financial conference.

The European Parliament, meanwhile, is considering whether its bonuses rule needs tightening and the European Banking Authority has asked the Prudential Regulation Authority to confirm whether proposed allowance payments comply with the cap.

Ms Braddick said that the Prudential Regulation Authority will have to gauge whether the role-based allowances are what they say they are or merely a means to skirt the bonus cap.

The Bank of England is due to publish a consultation tomorrow on a proposed rule to allow the clawing back of bonuses up to six years after they are paid, Ms Braddick said.

The change would require banks to rewrite staff contracts from January 2015.

The aim is to punish bankers whose behaviour is later proven to have put a bank at severe risk or whose conduct turns out to have fallen short of the standards required.

Bankers would be legally liable to return the money, if requested, even if they have left the bank.

“You can’t claim you’ve never had it. If you’ve had it and you’ve spent it and you can’t get anything back, then you have to think about how you would liquidate some of your other assets,” Ms Braddick said.

Another measure likely to be considered is a lengthening of deferral periods for bonuses.

Most of a bonus is deferred for three to five years, but some UK lawmakers have called for this to be extended.

Ms Braddick said the Prudential Regulation Authority believes there is a strong case for longer deferrals.

There is already a rule to allow a bank to claw back those parts of a bonus a banker has yet to receive.


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