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Failed Bank Executives Clawback Act
3/12/2024, 11:22 AM
Summary of Bill S 1790
The bill outlined specific criteria for determining which executives would be subject to the clawback provision, including those who were directly involved in the decision-making process that led to the bank's failure. The amount of compensation that would need to be returned was also specified in the bill, with a percentage of the executive's total compensation being required to be repaid.
Despite its noble intentions, the Failed Bank Executives Clawback Act ultimately failed to pass in Congress. Critics of the bill argued that it would be difficult to enforce and could potentially discourage talented individuals from pursuing careers in the banking industry. Proponents, on the other hand, believed that it was necessary to hold executives accountable for their actions and prevent future financial crises. In conclusion, Bill 118 s 1790, the Failed Bank Executives Clawback Act, was a proposed piece of legislation aimed at increasing accountability among bank executives. While it ultimately failed to pass, the bill sparked important conversations about executive compensation and responsibility in the banking industry.
Congressional Summary of S 1790
Failed Bank Executives Clawback Act
This bill requires the Federal Deposit Insurance Corporation (FDIC) to claw back compensation from specific responsible parties in case of a large insured depository institution's insolvency, resolution, or receivership. This clawback requirement applies to an entity (including a director, shareholder, or other person who participates in the conduct of the institution's affairs) that caused more than a minimal financial loss to, or a significant adverse effect on, the insured depository institution. The compensation subject to the clawback requirement includes salary, bonuses, awards, and any profits realized from the buying or selling of securities during the preceding three years.
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 it is appointed receiver.





