Furthermore, past IRS and court rulings have been inconsistent in determining whether to allow taxpayers to use IRC [section]1341 in situations similar to a clawback
trials are scheduled in February and March 2019, and there are more to come.
The regulator had previously ordered the company to share such determined amounts with consumers but KE filed civil suits against these decisions and implementation of clawback
mechanism was suspended by the Sindh High Court to the extent of quarterly adjustments.
Nepra again redetermined the EBIT by including Rs14 billion which was subtracted by K-Electric from its earnings due to profit clawback
mechanism and depreciation because of revaluation of assets by Rs2.707 billion in its financial statements for FY 2014-15.
Other judges have refused to allow a receiver or trustee's clawback
power to extend to principal.
Some of the triggering factors not found in the typical clawback
policy include general fraud or misconduct, gross negligence (even in a supervisory role), and "seriously poor judgement" if the company suffers extraordinary damage.
In the case of misconduct, strengthening the trigger mechanism for clawbacks
to ensure senior executives are held accountable if they served in a managerial position and had oversight of the improper activities.
regulators are looking at requiring banks to defer compensation for senior officials and to allow clawbacks
for misdeeds over the previous seven years.
"DIR fees and co-pay clawbacks
are serious problems for pharmacies and patients alike," said NCPA chief executive officer B.
The practice of buy-outs has the potential to undermine the effectiveness of the current remuneration rules because when a new employer buys-out an employee's cancelled bonus, the individual becomes insulated against the possibility of their awards being subject to ex-post risk adjustments through the application of either malus (the withholding or reduction of unpaid awards) or clawback
(the recouping of paid awards), meaning that through the practice of buy-outs, individuals can effectively evade accountability for their actions.
KE prayed to declare the decision of Clawback
as illegal and unlawful.
While it has considered matters of "say-on-pay" votes, disclosures and the ratio of executive pay to employee pay, the SEC is now considering another matter: so-called "clawback