Investment firms holding a MiFID license, including private equity firms that choose to offer MIFID services such as investment advice, are subject to capital and remuneration requirements. These requirements, formerly set in the banking legislation CRD/CRR, are now detailed in the Investment Firms Directive and Regulation.
While most private equity firms do not operate under a MiFID license, those that do have to keep aside at least a quarter of the fixed overheads. Larger MiFID firms are also subject to specific restrictions when it comes to the variable remuneration they award to their senior executives, such as the obligation to defer this remuneration and to pay it in liquid instruments. As for the wider MiFID requirements, capital and remuneration rules set in IFD/IFR generally constitute a precedent for the AIFMD.
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