15 U.S.C. § 78j–4 — Recovery of erroneously awarded compensation policy
submitted 92 years ago by Pub. L. 111-203 to r/title-15-COMMERCE-AND-TRADE · 183 words · no verdicts yet
Public companies must adopt a clawback policy for executive pay tied to bad financial numbers. If a company restates its financial statements because of a reporting violation, it must recover extra pay executives received over the prior three years. The SEC directs exchanges to bar companies that don't comply.
The Commission* shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security* of an issuer* that does not comply with the requirements of this section.
The rules of the Commission under subsection (a) shall require each issuer to develop and implement a policy providing—
for disclosure of the policy of the issuer on incentive-based compensation that is based on financial information required to be reported under the securities laws; and
that, in the event that the issuer is required to prepare an accounting restatement due to the material noncompliance of the issuer with any financial reporting requirement under the securities laws, the issuer will recover from any current or former executive officer of the issuer who received incentive-based compensation (including stock options awarded as compensation) during the 3-year period preceding the date on which the issuer is required to prepare an accounting restatement, based on the erroneous data, in 1 excess of what would have been paid to the executive officer under the accounting restatement.
Source credit: (June 6, 1934, ch. 404, title I, § 10D, as added Pub. L. 111–203, title IX, § 954, July 21, 2010, 124 Stat. 1904.)
- 1934Enacted · Pub. L. 111-203 · 124 Stat. 1904
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-203 on 1934-06-06.
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