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Legal Update

German Legislator decides to cap bonuses for bank staff – CRD IV Implementation Act adopted

August 12, 2013
Mayer Brown Legal Update

On July 5, 2013, the German Federal Council (Bundesrat) decided to raise no objection against the CRD IV Implementation Act passed by the German Federal Parliament (Bundestag) on June 27, 2013. The legislative procedure for this Act, which implements Directive 2013/36/EU (Capital Requirements Directive IV, "CRD IV") into German law, is thus completed.

Together with Regulation (EU) No. 575/2013 (Capital Requirements Regulation, "CRR "), the CRD IV is part of the so-called "Single Rule Book". The Single Rule Book enhances the capital adequacy of credit institutions and other institutions regulated by the German Banking Act ("Institutions"), provides for liquidity requirements harmonised throughout the EU, and harmonises the European banking supervisory legislation. Unlike the CRD IV, the CRR does not require implementation; it has a direct and immediate effect on the Institutions.

The Act implementing the requirements of CRD IV will enter into force on January 1, 2014. The German Banking Act (Kreditwesengesetz, "KWG") will be changed, and a revision of the German Remuneration Regulation for Institutions (Instituts-Vergütungsverordnung, "InstitutsVergV") is expected. Under employment law aspects, the new regulations on bonus caps are of particular importance.

This Legal Update outlines the main new regulations and their employment law implications.

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