The Advisors' Blog

This blog features wisdom from respected compensation consultants and lawyers

December 20, 2021

SEC Revisiting Pay-for-Performance & Bank Bonuses?

The SEC recently posted its Reg Flex Agenda – which reflects rulemaking priorities of the Chair. It contemplates revisiting a couple of Dodd-Frank rules that had previously been relegated to the “Long-Term Actions” list and seemed like they might fade into oblivion:

Pay-for-performance – considering reopening the comment period, in April 2022, on rules to implement Section 953(a) of the Dodd-Frank Act, which would require companies to disclose the relationship between executive compensation actually paid and the company’s financial performance

Bank bonuses – considering reproposed regulations under Section 956 of Dodd-Frank in October 2022, which would prohibit incentive-based payments that encourage inappropriate risks at a covered financial institution

Clawbacks are also still on the agenda – the SEC reopened the comment period for those rules back in October. The SEC isn’t obligated to accomplish what’s on the Reg Flex Agenda – within the specified timeframes or at all. But Chair Gensler has said several times that he wants to complete Dodd-Frank rulemaking, and so far, he appears to be taking steps to do that.

Liz Dunshee