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The term clawback or claw back refers to any money or benefits that have been given out, but are required to be returned (clawed back) due to special circumstances or events, such as the monies having been received as the result of a financial crime, or where there is a clawback provision in the executive compensation contract.
A clawback is a provision in which incentive-based pay, like a bonus, is taken back from an employee by an employer following misconduct or declining profits. Clawback clauses in contracts are on ...
[5] [6] The clawback clause is triggered at the very end of the fund, at a time where the General Partner may have already put the clawback amount to other use. In August 2010, Blackstone Group returned $3 million in carried interest to the limited partner of a fund as part of a clawback provision. [7]
The bill also mandates an expansion of the Sarbanes Oxley "clawback" (recoupment) provision, requiring corporate executive compensation contracts to include a "clawback" provision, whereby in the event of an accounting restatement, the executives must pay back any bonuses or incentive compensation based on the accounting mistake.
Following the purchase of Bankwest by the Commonwealth Bank (CBA), there have been calls for a royal commission specifically into the conduct of the bank following allegations made that the CBA engineered defaults of Bankwest customers in order to profit from clawback clauses under the purchase agreement. Nortel: Canada: 14 Jan 2009: Telecomms
A Settlement Agreement is enforceable, but the employer is advised to have a "clawback" clause to allow recovery of any termination sums paid should evidence of misdeeds by the employee later arise. The discussions must observe ACAS Code of Practice 4 guidelines on settlement agreements; failure to comply may amount to "improper behaviour" by ...
Clawback of "faithless servant" employee compensation [ edit ] Under the faithless servant doctrine, which is a doctrine under the laws of a number of states in the United States, and most notably New York State law , an employee who acts unfaithfully towards his or her employer must forfeit all compensation received during the period of ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...