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Failed Bank Executives Clawback Act

3/13/2024, 6:06 PM

Summary of Bill S 1045

Bill 118 s 1045, also known as the Failed Bank Executives Clawback Act, was introduced in the US Congress with the aim of holding executives of failed banks accountable for their actions. The bill proposed that if a bank fails and is bailed out by the government, the executives responsible for the failure would be required to return any bonuses or compensation they received during the time leading up to the failure.

The bill sought to prevent executives from taking excessive risks that could lead to the collapse of a bank, knowing that they would not be held personally responsible for their actions. By implementing a clawback provision, the bill aimed to create a financial incentive for executives to act in the best interest of the bank and its stakeholders.

Despite its noble intentions, Bill 118 s 1045 ultimately failed to pass in Congress. Critics argued that the bill could have unintended consequences, such as deterring talented executives from taking on leadership roles in the banking industry. Additionally, some lawmakers believed that existing regulations and oversight mechanisms were sufficient to prevent bank failures and hold executives accountable for their actions. In conclusion, the Failed Bank Executives Clawback Act was a well-intentioned piece of legislation aimed at promoting accountability and responsible behavior among bank executives. However, it ultimately failed to garner enough support in Congress to become law.

Congressional Summary of S 1045

Failed Bank Executives Clawback Act

This bill requires the Federal Deposit Insurance Corporation (FDIC) to claw back compensation paid to certain responsible parties when an insured depository institution is placed into FDIC receivership. 

Specifically, all or part of the compensation paid the previous five years to an institution-affiliated party responsible for the condition of the institution must be paid to FDIC to prevent unjust enrichment and to assure that the party bears losses consistent with their responsibility. Compensation includes salary, bonuses, awards, and profits from buying or selling securities.

The bill also expands the authority of the FDIC to claw back compensation of parties responsible for financial losses incurred by a financial company regardless of the process by which FDIC is appointed receiver. 

Finally, the bill establishes that the creditors and shareholders of an insured depository institution's holding company are responsible for the losses when the institution is resolved by the FDIC.

Current Status of Bill S 1045

Bill S 1045 is currently in the status of Bill Introduced since March 29, 2023. Bill S 1045 was introduced during Congress 118 and was introduced to the Senate on March 29, 2023.  Bill S 1045's most recent activity was Committee on Banking, Housing, and Urban Affairs. Hearings held. as of May 17, 2023

Bipartisan Support of Bill S 1045

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
8
Democrat Cosponsors
4
Republican Cosponsors
4
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 1045

Primary Policy Focus

Finance and Financial Sector

Potential Impact Areas

- Administrative law and regulatory procedures
- Bank accounts, deposits, capital
- Banking and financial institutions regulation
- Civil actions and liability
- Consumer affairs
- Corporate finance and management
- Federal Deposit Insurance Corporation (FDIC)
- Financial crises and stabilization
- Securities
- Wages and earnings

Alternate Title(s) of Bill S 1045

Failed Bank Executives Clawback Act
Failed Bank Executives Clawback Act
A bill to amend the Federal Deposit Insurance Act to clarify that the Federal Deposit Insurance Corporation and appropriate Federal regulators have the authority to claw back certain compensation paid to executives.

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