As expected, the SEC issued notices on Friday to approve the amendments proposed by the NYSE (see that order) and the Nasdaq (see that order) so that the exchanges’ clawback listing standards now have an effective date of October 2, 2023 – meaning that companies have until December 1, 2023 to adopt compliant clawback policies (which will apply to incentive-based compensation received by executive officers on or after October 2, 2023).

As we blogged last week, many companies have been scrambling to be ready to adopt clawback policies this summer, based on the SEC’s action a few months ago setting the deadline for its approval of the listing rules for this past Friday. Without further action, that would have made August 8th the deadline for companies to adopt a compliant clawback policy. So this pushback of the compliance date is particularly welcome for companies who need the extra time to prepare…

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Photo of Sue Morgan Sue Morgan

Sue Morgan, a partner in the firm’s Employee Benefits & Executive Compensation practice, has more than 30 years of experience in counseling clients on executive and equity compensation, corporate finance and securities, and insider trading compliance. Sue frequently speaks on such issues as…

Sue Morgan, a partner in the firm’s Employee Benefits & Executive Compensation practice, has more than 30 years of experience in counseling clients on executive and equity compensation, corporate finance and securities, and insider trading compliance. Sue frequently speaks on such issues as executive compensation, option exchanges, insider trading compliance and 10b5-1 plans, and SEC reporting and disclosure at national and regional conferences of the Society of Corporate Secretaries and Governance Professionals, and the ABA Business Law Section.