SEC's 'Clawback' Proposal Raises Significant Tax Issues

Law360, New York ( July 16, 2015, 10:43 AM EDT) -- The U.S. Securities and Exchange Commission released a proposed rule (80 Fed. Reg. 41143 (July 14, 2015)) that would require publicly traded companies to adopt "clawback" policies for recovering erroneously awarded compensation from its executive officers. This long-awaited clawback rule is the third executive compensation rule proposed by the SEC this year under the Dodd-Frank Wall Street Reform and Consumer Protection Act. With this rule, the SEC has now proposed or finalized all of the executive compensation rules required by the Dodd-Frank Act. The required clawback policies could give rise to significant tax issues, particularly if a clawback is applied to a covered executive's deferred compensation arrangements....

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