Lost in Implementation: The Rise and Value of the FSB Principles for Sound Compensation Practices at Financial Institutions

Revue Trimestrielle de Droit Financier, No. 1-2, pp. 60-65, May 2011

ICFR-Financial Times Research Prize, 2010 (Runner-Up)

8 Pages Posted: 2 Feb 2011 Last revised: 9 Nov 2011

See all articles by Guido Ferrarini

Guido Ferrarini

University of Genoa - Law Department and Centre for Law and Finance; European Corporate Governance Institute (ECGI)

Maria Cristina Ungureanu

Sodali; Genoa Centre for Law and Finance, University of Genoa; European Corporate Governance Institute (ECGI)

Date Written: January 2011

Abstract

We analyse the principles for sound compensation practices at financial institutions and their implementation standards (briefly PSSCPs) issued in 2009 by the Financial Stability Board (FSB). We examine, first of all, the political economy of the PSSCP. We describe their formation as a result of the recent financial turmoil, and the way in which a sound compromise between the different interests at stake was reached at G20 level, with the contribution of the FSB. We then consider the roots of the PSSCP in pre-crisis best practices, their flexibility and adaptability, and their role in prudential regulation. We go on to examine post-crisis PSSCP implementation in the EU and the US, highlighting the different models that have been adopted. Our core argument is that the PSSCPs are only the first step in a complex global reform process that is currently underway at both regional and national levels. This process is, however, marked by political conflicts that have been only partially solved by the G20 and which may determine significant variations amongst the different legal systems, some of which, including EU law, are transforming the international standards into rigid and detailed prescriptions as to the mechanisms and structures of bankers’ compensation, whilst other systems either keep the flexibility of the standards in their regulations or rely mainly on a supervisory approach.

Keywords: Compensation, International Principles and Standards, Corporate Governance

JEL Classification: G20, G21, G28, G30, G32, G34, G38, K22, K31, M12

Suggested Citation

Ferrarini, Guido and Ungureanu, Maria Cristina, Lost in Implementation: The Rise and Value of the FSB Principles for Sound Compensation Practices at Financial Institutions (January 2011). Revue Trimestrielle de Droit Financier, No. 1-2, pp. 60-65, May 2011. Available at SSRN: https://ssrn.com/abstract=1753657

Guido Ferrarini (Contact Author)

University of Genoa - Law Department and Centre for Law and Finance ( email )

Via Balbi, 22
16126 Genova, 16100
Italy
+39 010 209 9894 (Phone)
+39 010 209 9890 (Fax)

HOME PAGE: http://www.clfge.org

European Corporate Governance Institute (ECGI)

c/o ECARES ULB CP 114
B-1050 Brussels
Belgium

HOME PAGE: http://www.ecgi.org

Maria Cristina Ungureanu

Sodali ( email )

9 West 57th Street
26th Floor
New York, NY 10019
United States

Genoa Centre for Law and Finance, University of Genoa ( email )

Genova
Italy

HOME PAGE: http://www.clfge.org

European Corporate Governance Institute (ECGI) ( email )

c/o ECARES ULB CP 114
Brussels, B-1050
Belgium

HOME PAGE: http://www.ecgi.org

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