Failed Bank Executives Clawback Act
- Last Action
- 5/17/2023
Actions
- 2023-05-17Committee on Banking, Housing, and Urban Affairs. Hearings held.
- 2023-05-16Committee on Banking, Housing, and Urban Affairs. Hearings held.
- 2023-05-04Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 118-441.
- 2023-03-29Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
- 2023-03-29Introduced in Senate
CRS Summary
As of 2023-03-29 (00)
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.
Cosponsors (4)
- Josh Hawley (R-MO)
- Catherine Cortez Masto (D-NV)
- Mike Braun (R-IN)
- Mark Warner (D-VA)
Subjects
- 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
Sourced from Congress.gov (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.