Senate Banking Committee to think about bipartisan monthly bill to claw again executives’ pay back when banking companies are unsuccessful

Senate Banking Committee to think about bipartisan monthly bill to claw again executives’ pay back when banking companies are unsuccessful


Chairman Sherrod Brown, D-Ohio, left, and ranking member Sen. Tim Scott, R-S.C., get there for the Senate Banking, Housing and Urban Affairs Committee listening to discussing recent bank failures, April 27, 2023.

Tom Williams | Cq-roll Call, Inc. | Getty Photos

WASHINGTON — Customers of the Senate Banking Committee on Wednesday will take into consideration a invoice that would aim to hold banking executives accountable in the wake of the collapse of numerous big banks.

The Recovering Executive Compensation from Unaccountable Methods Act, recognised as the RECOUP Act, would give regulators power to claw again payment for executives of failed banks, institute penalties for misconduct and direct banking companies to beef up corporate governance, according to the committee.

Sens. Sherrod Brown, D-Ohio, chairman of the committee, and ranking member Tim Scott, R-S.C., introduced an agreement on the legislation last week. Brown is up for reelection next 12 months, and Scott is working for the 2024 Republican presidential nomination.

What is actually in the RECOUP Act

The invoice aims to:

  • Allow regulators to remove senior banking executives who demonstrate misconduct in oversight, which include failures to apply hazard controls and breaches of fiduciary obligation. It would also give regulators the discretion to ban these executives from the field.
  • Need financial institutions to undertake enforcement of accountable administration bylaws, including allowances for the bank’s board or the Federal Deposit Insurance Company to claw back compensation an executive received in the two decades in advance of a bank’s failure.
  • Improve regulatory command around penalties for executives who break the legislation and enhance the most civil penalty for the worst violations.
  • Define a “senior government” as individuals who are amongst a bank’s senior management and selected directors.

Scott reported the monthly bill is a “commonsense alternative to handle govt accountability.”

Brown said, “It can be time for CEOs to experience effects for their steps, just like anyone else.”

The RECOUP Act is a single of various charges launched in modern months focusing on regulatory and administration lapses that led to failures like those people of Silicon Valley Bank and Signature Lender previously this year.

Sen. Elizabeth Warren, D-Mass., a member of the Senate Banking Committee, spearheaded a bipartisan clawback invoice with Democratic Sen. Catherine Cortez Masto, of Nevada, and Republican Sens. Josh Hawley, of Missouri, and Mike Braun, of Indiana.

Unveiled in March, the monthly bill calls for clawbacks of all or component of the compensation obtained by financial institution executives throughout the 5 years preceding a bank failure, when compared with two decades of clawbacks beneath the RECOUP Act.



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