CREATE a loophole and bankers will leap through it quicker than you can say "deferred compensation": that seems to be one of the axioms of the aftermath of the financial crisis. Examine the consequences of the European Commission's cap on the multiple of salaries that banks can dish out in variable pay, though, and the reality is more nuanced. Take, for example, HSBC's plan to introduce share awards for around one thousand senior staff, a move it believes is necessary to avoid a damaging Asian exodus of staff to rivals not fettered by the cap. Under the proposals, the bank will augment base pay with sums paid every three months in stock that would have to be held for five years before vesting. Assuming HSBC wins the approval of its shareholders at this year's annual meeting - and there's no reason to suppose that it won't - it would be able to pay up to twice as much as the combined value of the salaries and share allowances in bonuses. That's all very well until you consider that because the share awards are part of fixed pay, they won't be subject to clawback provisions. In other words, a smaller proportion of the pay of top HSBC staff will now be subject to retrieval by the bank in the event of another Mexican money-laundering scandal or ill-fated Householdstyle takeover. It's safe to say that Stuart Gulliver , HSBC's chief executive, isn't planning on either of those eventualities. Neither are any of his counterparts, many of whom are to opt for straight cash 'allowances' rather than share awards, and in so doing dispensing with even the veneer of aligning employees' interests more closely with those of investors. The point of Brussels' new rules was both to make pay less egregious and easier to justify to the owners of banks. Right now, they look like doing neither.
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