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- Q5129769 subject Q6360274.
- Q5129769 subject Q6903429.
- Q5129769 subject Q7014671.
- Q5129769 subject Q7467931.
- Q5129769 abstract "A clawback or clawback provision is a special contractual clause typically included in employment contracts by financial firms. The term also is in use in bankruptcy matters where insiders may have raided assets prior to a filing and in Medicaid, when a state recovers costs of long-term care or covered medical expenses from the estates of deceased Medicaid patients. The aim of the clause is to secure an option for an employer or trustee to limit bonuses, compensation or other remuneration in case of catastrophic shifts in business, bankruptcy, and national crisis as the financial crisis of 2007–2010, and for states to recoup the cost of administering Medicaid services.The term clawbacks or claw backs can also be used to refer to any money or benefits that have been given out but need to be returned due to special circumstances, which are mentioned in a contract.The employees' bonuses are, in a clawback scheme, tied specifically to the performance (or lack thereof) of the financial product(s) the individual(s) may have created and/or sold as part of his or her job expecting a high profit. If the product does indeed do well over a long period of time, and permanently improves the nature of the firm, the bonuses paid to the individual are allowed to be retained by the individual. However, if the product fails, and damages the nature of the firm—even years down the line from the product's inception—then the firm has the inherent right to revoke, reclaim, or otherwise repossess some or all of the bonus amount(s). However, research shows managers who are subject to clawback provisions that are newly in place in a company often try to offset their increased risk of bonus clawback by demanding an increase in base salary that is not subject to being clawed back.The prevalence of clawback provisions among Fortune 100 companies increased from lower than 3% prior to 2005 to 82% in 2010. The growing popularity of clawback provisions is likely, at least in part, due to the Sarbanes-Oxley Act of 2002, which requires the U.S. Securities and Exchange Commission (SEC) to pursue the repayment of incentive compensation from senior executives that are involved in a fraud. In practice, the Securities and Exchange commission has enforced its clawback powers in only a small number of cases.The Dodd-Frank Act of 2010 mandates the SEC to require that U.S. public companies include a clawback provision in their executive compensation contracts that is triggered by any accounting restatement, regardless of fault (whereas the clawback provisions per the Sarbanes-Oxley Act only applied to intentional fraud). As of early 2012, this portion of the Dodd-Frank Act has yet to be implemented as the SEC has not yet issued guidance on the specific type of clawback provision that firms must employ.".
- Q5129769 wikiPageWikiLink Q1117196.
- Q5129769 wikiPageWikiLink Q1141363.
- Q5129769 wikiPageWikiLink Q1156811.
- Q5129769 wikiPageWikiLink Q1234044.
- Q5129769 wikiPageWikiLink Q133080.
- Q5129769 wikiPageWikiLink Q152074.
- Q5129769 wikiPageWikiLink Q217305.
- Q5129769 wikiPageWikiLink Q230788.
- Q5129769 wikiPageWikiLink Q2912966.
- Q5129769 wikiPageWikiLink Q32098.
- Q5129769 wikiPageWikiLink Q3504234.
- Q5129769 wikiPageWikiLink Q4290.
- Q5129769 wikiPageWikiLink Q5172508.
- Q5129769 wikiPageWikiLink Q6360274.
- Q5129769 wikiPageWikiLink Q650241.
- Q5129769 wikiPageWikiLink Q6903429.
- Q5129769 wikiPageWikiLink Q7014671.
- Q5129769 wikiPageWikiLink Q7467931.
- Q5129769 wikiPageWikiLink Q837171.
- Q5129769 wikiPageWikiLink Q856418.
- Q5129769 wikiPageWikiLink Q896666.
- Q5129769 wikiPageWikiLink Q953944.
- Q5129769 comment "A clawback or clawback provision is a special contractual clause typically included in employment contracts by financial firms. The term also is in use in bankruptcy matters where insiders may have raided assets prior to a filing and in Medicaid, when a state recovers costs of long-term care or covered medical expenses from the estates of deceased Medicaid patients.".
- Q5129769 label "Clawback".