5 Amendments of Arlene McCARTHY related to 2009/0064(COD)
Amendment 221 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to establish and maintain binding guidance on sound remuneration policies for AIFM. It is important to ensure appropriate coherence between provisions on sound remuneration for AIFM and those for credit institutions and investment firms. Such binding guidance should therefore ensure compliance with the applicable elements of provisions on remuneration set out in Annex V of Directive 2006/48/EC. In drawing up such delegated acts, the Commission should have reference to the advice of the European Securities and Markets Authority.
Amendment 610 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Remuneration policies for AIFM Member States shall require AIFM to set up and implement sound remuneration policies and practices that are consistent with effective risk management and that ensure that incentives are aligned with the long-term interests of the AIFM, AIF and investors.
Amendment 614 #
Proposal for a directive
Article 9 b (new)
Article 9 b (new)
Article 9b Notification The AIFM shall inform the relevant competent authorities about the characteristics of its remuneration policies and practices.
Amendment 617 #
Proposal for a directive
Article 9 d (new)
Article 9 d (new)
Article 9d Remuneration policies for AIFM Member States shall ensure that, for the purposes of the first paragraph, their respective competent authorities have the power to impose financial and non- financial penalties or measures. Those penalties or measures must be effective, proportionate and dissuasive.
Amendment 618 #
Proposal for a directive
Article 9 e (new)
Article 9 e (new)
Article 9e Remuneration policies for AIFM In order to ensure the consistent application in the Union the Commission shall, no later than the date of entry into force of this directive, lay down, by means of delegated acts in accordance with Articles 49a, 49b and 49c, binding guidance on sound remuneration policies for AIFM. This guidance should ensure compliance with the applicable elements of provisions set out in Annex V of Directive 2006/48/EC.