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There is a clawback provision in the Sarbanes-Oxley Act under Section 304.
The standard is so high and the circumstances it can be used so narrow, I doubt the F.D.I.C. will ever invoke this clawback provision.
By instituting an express clawback provision, SAC is part of a trend on Wall Street to make this part of employment agreements.
It doesn't contain a clawback provision, but it leaves his bonus at the discretion of the board and has no defined term.
Some people have argued that if Mr. Thain had truly wanted to make a statement, he would agree to a clawback provision in his compensation package.
Johnston Press's remuneration committee said that this year it has decided to include a "clawback provision" to bonuses payable to executive directors.
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Many have clawback provisions as well.
Enforcing clawback provisions could not be more paramount.
The spread of clawback provisions shows that there has been some change on Wall Street.
It surveyed 2,121 companies and found that 295 of them, or 14percentt, had clawback provisions.
More companies now have clawback provisions, so bonuses can be repossessed if a company subsequently underperforms.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com